Pl 104-208

104TH CONGRESS
" HOUSE OF REPRESENTATIVES
2d Session

!

REPORT
104–828

ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY ACT OF 1996

SEPTEMBER 24, 1996.—Ordered to be printed

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

CONFERENCE REPORT
[To accompany H.R. 2202]

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R. 2202)
to amend the Immigration and Nationality Act to improve deterrence of illegal immigration to the United States by increasing border patrol and investigative personnel, by increasing penalties for
alien smuggling and for document fraud, by reforming exclusion
and deportation law and procedures, by improving the verification
system for the eligibility for employment, and through other measures, to reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes, having met,
after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as
follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; APPLICATION OF DEFINITIONS OF SUCH
ACT; TABLE OF CONTENTS; SEVERABILITY.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Illegal Immigration Reform and Immigrant Responsibility Act of 1996’’.
(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.—Except as otherwise specifically provided—
(1) whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section
or provision in the Immigration and Nationality Act; and
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(2) amendments to a section or other provision are to such
section or other provision before any amendment made to such
section or other provision elsewhere in this Act.
(c) APPLICATION OF CERTAIN DEFINITIONS.—Except as otherwise
specifically provided in this Act, for purposes of titles I and VI of
this Act, the terms ‘‘alien’’, ‘‘Attorney General’’, ‘‘border crossing
identification card’’, ‘‘entry’’, ‘‘immigrant’’, ‘‘immigrant visa’’, ‘‘lawfully admitted for permanent residence’’, ‘‘national’’, ‘‘naturalization’’, ‘‘refugee’’, ‘‘State’’, and ‘‘United States’’ shall have the meaning
given such terms in section 101(a) of the Immigration and Nationality Act.
(d) TABLE OF CONTENTS.—The table of contents for this Act is
as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act; application of
definitions of such Act; table of contents.
TITLE I—IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL
ENTRY, AND INTERIOR ENFORCEMENT
Subtitle A—Improved Enforcement at the Border
Border patrol agents and support personnel.
Improvement of barriers at border.
Improved border equipment and technology.
Improvement in border crossing identification card.
Civil penalties for illegal entry.
Hiring and training standards.
Report on border strategy.
Criminal penalties for high speed flights from immigration checkpoints.
Joint study of automated data collection.
Automated entry-exit control system.
Submission of final plan on realignment of border patrol positions from
interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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Sec.
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101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.

Sec.
Sec.
Sec.
Sec.
Sec.

121.
122.
123.
124.
125.

Subtitle B—Facilitation of Legal Entry
Land border inspectors.
Land border inspection and automated permit pilot projects.
Preinspection at foreign airports.
Training of airline personnel in detection of fraudulent documents.
Preclearance authority.

Subtitle C—Interior Enforcement
Sec. 131. Authorization of appropriations for increase in number of certain investigators.
Sec. 132. Authorization of appropriations for increase in number of investigators of
visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration enforcement.
Sec. 134. Minimum State INS presence.
TITLE II—ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN
SMUGGLING; DOCUMENT FRAUD
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling
201. Wiretap authority for investigations of alien smuggling or document fraud.
202. Racketeering offenses relating to alien smuggling.
203. Increased criminal penalties for alien smuggling.
204. Increased number of assistant United States Attorneys.
205. Undercover investigation authority.

Subtitle B—Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of government-issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document fraud.

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Sec. 213. New criminal penalty for failure to disclose role as preparer of false application for immigration benefits.
Sec. 214. Criminal penalty for knowingly presenting document which fails to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.
TITLE III—INSPECTION, APPREHENSION, DETENTION, ADJUDICATION,
AND REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A—Revision of Procedures for Removal of Aliens
Sec. 301. Treating persons present in the United States without authorization as not
admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible arriving aliens; referral for hearing (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment of status;
voluntary departure (revised and new sections 239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; additional conforming amendments.
Sec. 309. Effective dates; transition.
Subtitle B—Criminal Alien Provisions
Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or criminal parole.
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance program.
Sec. 329. Demonstration project for identification of illegal aliens in incarceration
facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit an offense
under the Controlled Substances Import and Export Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry, and passport and
visa fraud.
Subtitle C—Revision of Grounds for Exclusion and Deportation
Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false documentation to terrorists as a basis for exclusion from the United States.
Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain section 274C violators.
Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
Sec. 348. Waivers for immigrants convicted of crimes.
Sec. 349. Waiver of misrepresentation ground of inadmissibility for certain alien.
Sec. 350. Offenses of domestic violence and stalking as ground for deportation.
Sec. 351. Clarification of date as of which relationship required for waiver from exclusion or deportation for smuggling.

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Sec. 352. Exclusion of former citizens who renounced citizenship to avoid United
States taxation.
Sec. 353. References to changes elsewhere in Act.
Sec.
Sec.
Sec.
Sec.
Sec.

354.
355.
356.
357.
358.

Subtitle D—Changes in Removal of Alien Terrorist Provisions
Treatment of classified information.
Exclusion of representatives of terrorists organizations.
Standard for judicial review of terrorist organization designations.
Removal of ancillary relief for voluntary departure.
Effective date.

Subtitle E—Transportation of Aliens
Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.
Subtitle F—Additional Provisions
Immigration judges and compensation.
Delegation of immigration enforcement authority.
Powers and duties of the Attorney General and the Commissioner.
Judicial deportation.
Limitation on adjustment of status.
Treatment of certain fees.
Limitation on legalization litigation.
Rescission of lawful permanent resident status.
Administrative review of orders.
Civil penalties for failure to depart.
Clarification of district court jurisdiction.
Application of additional civil penalties to enforcement.
Exclusion of certain aliens from family unity program.
Penalties for disclosure of information.
Authorization of additional funds for removal of aliens.
Increase in INS detention facilities; report on detention space.
Pilot program on use of closed military bases for the detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.
Sec.
Sec.
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371.
372.
373.
374.
375.
376.
377.
378.
379.
380.
381.
382.
383.
384.
385.
386.
387.

TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Pilot Programs for Employment Eligibility Confirmation
401. Establishment of programs.
402. Voluntary election to participate in a pilot program.
403. Procedures for participants in pilot programs.
404. Employment eligibility confirmation system.
405. Reports.

Subtitle B—Other Provisions Relating to Employer Sanctions
Sec. 411. Limiting liability for certain technical violations of paperwork requirements.
Sec. 412. Paperwork and other changes in the employer sanctions program.
Sec. 413. Report on additional authority or resources needed for enforcement of employer sanctions provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.
Subtitle C—Unfair Immigration-Related Employment Practices
Sec. 421. Treatment of certain documentary practices as unfair immigration-related
employment practices.
TITLE V—RESTRICTIONS ON BENEFITS FOR ALIENS
Sec. 500. Statements of national policy concerning public benefits and immigration.
Subtitle A—Ineligibility of Excludable, Deportable, and Nonimmigrant Aliens From
Public Assistance and Benefits
Sec. 501. Means-tested public benefits.
Sec. 502. Grants, contracts, and licenses.

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Sec.
Sec.
Sec.
Sec.
Sec.

503.
504.
505.
506.
507.

Sec. 508.
Sec. 509.
Sec. 510.
Sec. 511.

Unemployment benefits.
Social security benefits.
Requiring proof of identity for certain public assistance.
Authorization for States to require proof of eligibility for State programs.
Limitation on eligibility for preferential treatment of aliens not lawfully
present on basis of residence for higher education benefits.
Verification of student eligibility for postsecondary Federal student financial assistance.
Verification of immigration status for purposes of social security and higher educational assistance.
No verification requirement for nonprofit charitable organizations.
GAO study of provision of means-tested public benefits to ineligible aliens
on behalf of eligible individuals.

Subtitle B—Expansion of Disqualification From Immigration Benefits on the Basis
of Public Charge
Sec. 531. Ground for exclusion.
Sec. 532. Ground for deportation.
Subtitle C—Affidavits of Support and Attribution of Income
Sec. 551. Requirements for sponsor’s affidavit of support.
Sec. 552. Attribution of sponsor’s income and resources to sponsored immigrants.
Sec. 553. Attribution of sponsor’s income and resources authority for State and local
governments.
Sec. 554. Authority of States and political subdivisions of States to limit assistance
to aliens and to distinguish among classes of aliens in providing general
cash public assistance.
Subtitle D—Miscellaneous Provisions
Sec. 561. Increased maximum criminal penalties for forging or counterfeiting seal of
a Federal department or agency to facilitate benefit fraud by an unlawful alien.
Sec. 562. Computation of targeted assistance.
Sec. 563. Treatment of expenses subject to emergency medical services exception.
Sec. 564. Reimbursement of States and localities for emergency ambulance services.
Sec. 565. Pilot programs to require bonding.
Sec. 566. Reports.
Subtitle E—Housing Assistance
Short title.
Prorating of financial assistance.
Actions in cases of termination of financial assistance.
Verification of immigration status and eligibility for financial assistance.
Prohibition of sanctions against entities making financial assistance eligibility determinations.
Sec. 576. Regulations.
Sec. 577. Report on housing assistance programs.
Sec.
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571.
572.
573.
574.
575.

Sec.
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591.
592.
593.
594.
595.

Subtitle F—General Provisions
Effective dates.
Statutory construction.
Not applicable to foreign assistance.
Notification.
Definitions.
TITLE VI—MISCELLANEOUS PROVISIONS

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

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Subtitle B—Miscellaneous Amendments to the Immigration and Nationality Act
Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker information.
Sec. 624. Continued validity of labor certifications and classification petitions for
professional athletes.
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents killed in the line
of duty.
Subtitle C—Provisions Relating to Visa Processing and Consular Efficiency
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

631.
632.
633.
634.
635.
636.
637.

Validity of period of visas.
Elimination of consulate shopping for visa overstays.
Authority to determine visa processing procedures.
Changes regarding visa application process.
Visa waiver program.
Fee for diversity immigrant lottery.
Eligibility for visas for certain Polish applicants for the 1995 diversity immigrant program.
Subtitle D—Other Provisions

Sec. 641. Program to collect information relating to nonimmigrant foreign students.
Sec. 642. Communication between government agencies and the Immigration and
Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products; requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative building.
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H–2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs agents.
Sec. 655. Sense of Congress on discriminatory application of New Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the Immigration and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of certain aliens.
Subtitle E—Technical Corrections
Sec. 671. Miscellaneous technical corrections.

(e) SEVERABILITY.—If any provision of this Act or the application of such provision to any person or circumstances is held to be
unconstitutional, the remainder of this Act and the application of
the provisions of this Act to any person or circumstance shall not
be affected thereby.

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TITLE I—IMPROVEMENTS TO BORDER
CONTROL, FACILITATION OF LEGAL
ENTRY, AND INTERIOR ENFORCEMENT
Subtitle A—Improved Enforcement at the
Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

(a) INCREASED NUMBER OF BORDER PATROL AGENTS.—The Attorney General in each of fiscal years 1997, 1998, 1999, 2000, and
2001 shall increase by not less than 1,000 the number of positions
for full-time, active-duty border patrol agents within the Immigration and Naturalization Service above the number of such positions
for which funds were allotted for the preceding fiscal year.
(b) INCREASE IN BORDER PATROL SUPPORT PERSONNEL.—The
Attorney General, in each of fiscal years 1997, 1998, 1999, 2000,
and 2001, may increase by 300 the number of positions for personnel in support of border patrol agents above the number of such positions for which funds were allotted for the preceding fiscal year.
(c) DEPLOYMENT OF BORDER PATROL AGENTS.—The Attorney
General shall, to the maximum extent practicable, ensure that additional border patrol agents shall be deployed among Immigration
and Naturalization Service sectors along the border in proportion to
the level of illegal crossing of the borders of the United States measured in each sector during the preceding fiscal year and reasonably
anticipated in the next fiscal year.
(d) FORWARD DEPLOYMENT.—
(1) IN GENERAL.—The Attorney General shall forward deploy existing border patrol agents in those areas of the border
identified as areas of high illegal entry into the United States
in order to provide a uniform and visible deterrent to illegal
entry on a continuing basis. The previous sentence shall not
apply to border patrol agents located at checkpoints.
(2) PRESERVATION OF LAW ENFORCEMENT FUNCTIONS AND
CAPABILITIES IN INTERIOR STATES.—The Attorney General shall,
when deploying border patrol personnel from interior stations to
border stations, coordinate with, and act in conjunction with,
State and local law enforcement agencies to ensure that such
deployment does not degrade or compromise the law enforcement capabilities and functions currently performed at interior
border patrol stations.
(3) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit to the
Committees on the Judiciary of the House of Representatives
and of the Senate a report on—
(A) the progress and effectiveness of the forward deployment under paragraph (1); and
(B) the measures taken to comply with paragraph (2).

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SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

(a) IN GENERAL.—The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall take
such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of
illegal entrants) in the vicinity of the United States border to deter
illegal crossings in areas of high illegal entry into the United States.
(b) CONSTRUCTION OF FENCING AND ROAD IMPROVEMENTS IN
THE BORDER AREA NEAR SAN DIEGO, CALIFORNIA.—
(1) IN GENERAL.—In carrying out subsection (a), the Attorney General shall provide for the construction along the 14
miles of the international land border of the United States,
starting at the Pacific Ocean and extending eastward, of second
and third fences, in addition to the existing reinforced fence,
and for roads between the fences.
(2) PROMPT ACQUISITION OF NECESSARY EASEMENTS.—The
Attorney General, acting under the authority conferred in section 103(b) of the Immigration and Nationality Act (as inserted
by subsection (d)), shall promptly acquire such easements as
may be necessary to carry out this subsection and shall commence construction of fences immediately following such acquisition (or conclusion of portions thereof).
(3) SAFETY FEATURES.—The Attorney General, while constructing the additional fencing under this subsection, shall incorporate such safety features into the design of the fence system
as are necessary to ensure the well-being of border patrol agents
deployed within or in near proximity to the system.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
(c) WAIVER.—The provisions of the Endangered Species Act of
1973 and the National Environmental Policy Act of 1969 are
waived to the extent the Attorney General determines necessary to
ensure expeditious construction of the barriers and roads under this
section.
(d) LAND ACQUISITION AUTHORITY.—
(1) IN GENERAL.—Section 103 (8 U.S.C. 1103) is amended—
(A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
‘‘(b)(1) The Attorney General may contract for or buy any interest in land, including temporary use rights, adjacent to or in the vicinity of an international land border when the Attorney General
deems the land essential to control and guard the boundaries and
borders of the United States against any violation of this Act.
‘‘(2) The Attorney General may contract for or buy any interest
in land identified pursuant to paragraph (1) as soon as the lawful
owner of that interest fixes a price for it and the Attorney General
considers that price to be reasonable.
‘‘(3) When the Attorney General and the lawful owner of an interest identified pursuant to paragraph (1) are unable to agree upon
a reasonable price, the Attorney General may commence condemna-

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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) CONFORMING AMENDMENT.—Section 103(e) (as so redesignated by paragraph (1)(A)) is amended by striking ‘‘subsection
(c)’’ and inserting ‘‘subsection (d)’’.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

The Attorney General is authorized to acquire and use, for the
purpose of detection, interdiction, and reduction of illegal immigration into the United States, any Federal equipment (including fixed
wing aircraft, helicopters, four-wheel drive vehicles, sedans, night
vision goggles, night vision scopes, and sensor units) determined
available for transfer by any other agency of the Federal Government upon request of the Attorney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION
CARD.

(a) IN GENERAL.—Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ‘‘Such regulations
shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card
matches the appropriate biometric characteristic of the alien.’’.
(b) EFFECTIVE DATES.—
(1) CLAUSE A.—Clause (A) of the sentence added by the
amendment made by subsection (a) shall apply to documents issued on or after 18 months after the date of the enactment of
this Act.
(2) CLAUSE B.—Clause (B) of such sentence shall apply to
cards presented on or after 3 years after the date of the enactment of this Act.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
‘‘(b) Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty
of—
‘‘(1) at least $50 and not more than $250 for each such
entry (or attempted entry); or
‘‘(2) twice the amount specified in paragraph (1) in the case
of an alien who has been previously subject to a civil penalty
under this subsection.
Civil penalties under this subsection are in addition to, and not in
lieu of, any criminal or other civil penalties that may be imposed.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring on or
after the first day of the sixth month beginning after the date of the
enactment of this Act.

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SEC. 106. HIRING AND TRAINING STANDARDS.

(a) REVIEW OF HIRING STANDARDS.—Not later than 60 days
after the date of the enactment of this Act, the Attorney General
shall complete a review of all prescreening and hiring standards
used by the Commissioner of Immigration and Naturalization, and,
where necessary, revise such standards to ensure that they are consistent with relevant standards of professionalism.
(b) CERTIFICATION.—At the conclusion of each of fiscal years
1997, 1998, 1999, 2000, and 2001, the Attorney General shall certify
in writing to the Committees on the Judiciary of the House of Representatives and of the Senate that all personnel hired by the Commissioner of Immigration and Naturalization for such fiscal year
were hired pursuant to the appropriate standards, as revised under
subsection (a).
(c) REVIEW OF TRAINING STANDARDS.—
(1) REVIEW.—Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall complete a review of the sufficiency of all training standards used by the
Commissioner of Immigration and Naturalization.
(2) REPORT.—
(A) IN GENERAL.—Not later than 90 days after the completion of the review under paragraph (1), the Attorney
General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate
on the results of the review, including—
(i) a description of the status of efforts to update
and improve training throughout the Immigration and
Naturalization Service; and
(ii) an estimate of when such efforts are expected
to be completed.
(B) AREAS REQUIRING FUTURE REVIEW.—The report
shall disclose those areas of training that the Attorney General determines require further review in the future.
SEC. 107. REPORT ON BORDER STRATEGY.

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

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

(a) FINDINGS.—The Congress finds as follows:
(1) Immigration checkpoints are an important component of
the national strategy to prevent illegal immigration.
(2) Individuals fleeing immigration checkpoints and leading law enforcement officials on high speed vehicle chases endanger law enforcement officers, innocent bystanders, and the
fleeing individuals themselves.
(3) The pursuit of suspects fleeing immigration checkpoints
is complicated by overlapping jurisdiction among Federal,
State, and local law enforcement officers.
(b) HIGH SPEED FLIGHT FROM IMMIGRATION CHECKPOINTS.—
(1) IN GENERAL.—Chapter 35 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 758. High speed flight from immigration checkpoint
‘‘Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local
law enforcement agents in excess of the legal speed limit shall be
fined under this title, imprisoned not more than five years, or
both.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item
relating to section 757 the following:
‘‘758. High speed flight from immigration checkpoint.’’.

(c) GROUNDS FOR DEPORTATION.—Section 241(a)(2)(A) (8 U.S.C.
1251(a)(2)(A)) is amended—
(1) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following:
‘‘(iv) HIGH SPEED FLIGHT.—Any alien who is convicted of a violation of section 758 of title 18, United
States Code, (relating to high speed flight from an immigration checkpoint) is deportable.’’; and
(3) in clause (v) (as so redesignated by paragraph (1)), by
striking ‘‘and (iii)’’ and inserting ‘‘(iii), and (iv)’’.
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.

(a) STUDY.—The Attorney General, together with the Secretary
of State, the Secretary of Agriculture, the Secretary of the Treasury,
and appropriate representatives of the air transport industry, shall
jointly undertake a study to develop a plan for making the transition to automated data collection at ports of entry.
(b) REPORT.—Nine months after the date of the enactment of
this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives
on the outcome of the joint initiative under subsection (a), noting
specific areas of agreement and disagreement, and recommending
further steps to be taken, including any suggestions for legislation.
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

(a) SYSTEM.—Not later than 2 years after the date of the enactment of this Act, the Attorney General shall develop an automated
entry and exit control system that will—

12
(1) collect a record of departure for every alien departing
the United States and match the records of departure with the
record of the alien’s arrival in the United States; and
(2) enable the Attorney General to identify, through on-line
searching procedures, lawfully admitted nonimmigrants who
remain in the United States beyond the period authorized by
the Attorney General.
(b) REPORT.—
(1) DEADLINE.—Not later than December 31 of each year
following the development of the system under subsection (a),
the Attorney General shall submit an annual report to the Committees on the Judiciary of the House of Representatives and of
the Senate on such system.
(2) INFORMATION.—The report shall include the following
information:
(A) The number of departure records collected, with an
accounting by country of nationality of the departing alien.
(B) The number of departure records that were successfully matched to records of the alien’s prior arrival in the
United States, with an accounting by the alien’s country of
nationality and by the alien’s classification as an immigrant or nonimmigrant.
(C) The number of aliens who arrived as nonimmigrants, or as a visitor under the visa waiver program
under section 217 of the Immigration and Nationality Act,
for whom no matching departure record has been obtained
through the system or through other means as of the end
of the alien’s authorized period of stay, with an accounting
by the alien’s country of nationality and date of arrival in
the United States.
(c) USE OF INFORMATION ON OVERSTAYS.—Information regarding aliens who have remained in the United States beyond their authorized period of stay identified through the system shall be integrated into appropriate data bases of the Immigration and Naturalization Service and the Department of State, including those
used at ports of entry and at consular offices.
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER
PATROL POSITIONS FROM INTERIOR STATIONS.

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

13
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.

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

Subtitle B—Facilitation of Legal Entry
SEC. 121. LAND BORDER INSPECTORS.

In order to eliminate undue delay in the thorough inspection of
persons and vehicles lawfully attempting to enter the United States,
the Attorney General and the Secretary of the Treasury each shall
increase, by approximately equal numbers in each of fiscal years
1997 and 1998, the number of full-time land border inspectors assigned to active duty by the Immigration and Naturalization Service and the United States Customs Service to a level adequate to assure full staffing during peak crossing hours of all border crossing
lanes currently in use, under construction, or whose construction
has been authorized by the Congress, except such low-use lanes as
the Attorney General may designate.
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT
PROJECTS.

(a) EXTENSION OF LAND BORDER INSPECTION PROJECT AUTHORESTABLISHMENT OF AUTOMATED PERMIT PILOT PROJECTS.—
Section 286(q) is amended—
(1) by striking the matter preceding paragraph (2) and inserting the following:
‘‘(q) LAND BORDER INSPECTION FEE ACCOUNT.—(1)(A)(i) Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, not more than 6 projects under
which a fee may be charged and collected for inspection services
provided at one or more land border points of entry. Such projects
may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by
the Attorney General.
‘‘(ii) The program authorized in this subparagraph shall terminate on September 30, 2000, unless further authorized by an Act of
Congress.
‘‘(iii) This subparagraph shall take effect, with respect to any
project described in clause (1) that was not authorized to be commenced before the date of the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, 30 days after
submission of a written plan by the Attorney General detailing the
proposed implementation of such project.
‘‘(iv) The Attorney General shall prepare and submit on a quarterly basis, until September 30, 2000, a status report on each land
border inspection project implemented under this subparagraph.
‘‘(B) The Attorney General, in consultation with the Secretary of
the Treasury, may conduct pilot projects to demonstrate the use of
designated ports of entry after working hours through the use of
card reading machines or other appropriate technology.’’; and
(2) by striking paragraph (5).
ITY;

14
(b) CONFORMING AMENDMENT.—The Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1994 (Public Law 103–121, 107 Stat. 1161) is amended by
striking the fourth proviso under the heading ‘‘Immigration and
Naturalization Service, Salaries and Expenses’’.
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.

(a) IN GENERAL.—The Immigration and Nationality Act is
amended by inserting after section 235 the following:
‘‘PREINSPECTION
‘‘SEC.
TIONS.—

AT FOREIGN AIRPORTS

235A. (a) ESTABLISHMENT

OF

PREINSPECTION STA-

‘‘(1) NEW STATIONS.—Subject to paragraph (5), not later
than October 31, 1998, the Attorney General, in consultation
with the Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports that
are among the 10 foreign airports which the Attorney General
identifies as serving as last points of departure for the greatest
numbers of inadmissible alien passengers who arrive from
abroad by air at ports of entry within the United States. Such
preinspection stations shall be in addition to any preinspection
stations established prior to the date of the enactment of such
Act.
‘‘(2) REPORT.—Not later than October 31, 1998, the Attorney General shall report to the Committees on the Judiciary of
the House of Representatives and of the Senate on the implementation of paragraph (1).
‘‘(3) DATA COLLECTION.—Not later than November 1, 1997,
and each subsequent November 1, the Attorney General shall
compile data identifying—
‘‘(A) the foreign airports which served as last points of
departure for aliens who arrived by air at United States
ports of entry without valid documentation during the preceding fiscal years;
‘‘(B) the number and nationality of such aliens arriving
from each such foreign airport; and
‘‘(C) the primary routes such aliens followed from their
country of origin to the United States.
‘‘(4) ADDITIONAL STATIONS.—Subject to paragraph (5), not
later than October 31, 2000, the Attorney General, in consultation with the Secretary of State, shall establish preinspection
stations in at least 5 additional foreign airports which the Attorney General, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3) and
such other information as may be available, would most effectively reduce the number of aliens who arrive from abroad by
air at points of entry within the United States who are inadmissible to the United States. Such preinspection stations shall be
in addition to those established prior to the date of the enactment of such Act or pursuant to paragraph (1).
‘‘(5) CONDITIONS.—Prior to the establishment of a
preinspection station, the Attorney General, in consultation with
the Secretary of State, shall ensure that—

15
‘‘(A) employees of the United States stationed at the
preinspection station and their accompanying family members will receive appropriate protection;
‘‘(B) such employees and their families will not be subject to unreasonable risks to their welfare and safety; and
‘‘(C) the country in which the preinspection station is to
be established maintains practices and procedures with respect to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951), or the Protocol Relating to the Status
of Refugees (done at New York, January 31, 1967), or that
an alien in the country otherwise has recourse to avenues
of protection from return to persecution.
‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT PROGRAM.—The
Attorney General shall assign additional immigration officers to assist air carriers in the detection of fraudulent documents at foreign
airports which, based on the records maintained pursuant to subsection (a)(3), served as a point of departure for a significant number of arrivals at United States ports of entry without valid documentation, but where no preinspection station exists.’’.
(b) CLERICAL AMENDMENT.—The table of contents is amended
by inserting after the item relating to section 235 the following:
‘‘Sec. 235A.

Preinspection at foreign airports.’’.

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

(a) USE OF FUNDS.—
(1) IN GENERAL.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(A) in clause (iv), by inserting ‘‘, including training of,
and technical assistance to, commercial airline personnel
regarding such detection’’ after ‘‘United States’’; and
(B) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for training
and assistance described in clause (iv) in an amount, for any fiscal
year, not less than 5 percent of the total of the expenses incurred
that are described in the previous sentence.’’.
(2) APPLICABILITY.—The amendments made by paragraph
(1) shall apply to expenses incurred during or after fiscal year
1997.
(b) COMPLIANCE WITH DETECTION REGULATIONS.—
(1) IN GENERAL.—Section 212(f) (8 U.S.C. 1182(f)) is
amended by adding at the end the following: ‘‘Whenever the Attorney General finds that a commercial airline has failed to
comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents
used by passengers traveling to the United States (including the
training of personnel in such detection), the Attorney General
may suspend the entry of some or all aliens transported to the
United States by such airline.’’.
(2) DEADLINE.—The Attorney General shall first issue, in
proposed form, regulations referred to in the second sentence of
section 212(f) of the Immigration and Nationality Act, as added

16
by the amendment made by paragraph (1), not later than 90
days after the date of the enactment of this Act.
SEC. 125. PRECLEARANCE AUTHORITY.

Section 103(a) of the Immigration and Nationality Act (8
U.S.C. 1103(a)) is amended by adding at the end the following:
‘‘After consultation with the Secretary of State, the Attorney General
may authorize officers of a foreign country to be stationed at
preclearance facilities in the United States for the purpose of ensuring that persons traveling from or through the United States to that
foreign country comply with that country’s immigration and related
laws. Those officers may exercise such authority and perform such
duties as United States immigration officers are authorized to exercise and perform in that foreign country under reciprocal agreement, and they shall enjoy such reasonable privileges and immunities necessary for the performance of their duties as the government
of their country extends to United States immigration officers.’’.

Subtitle C—Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF CERTAIN INVESTIGATORS.

(a) AUTHORIZATION.—There are authorized to be appropriated
such funds as may be necessary to enable the Commissioner of Immigration and Naturalization to increase the number of investigators and support personnel to investigate potential violations of sections 274 and 274A of the Immigration and Nationality Act by a
number equivalent to 300 full-time active-duty investigators in each
of fiscal years 1997, 1998, and 1999.
(b) ALLOCATION OF INVESTIGATORS.—At least one-half of the investigators hired with funds made available under subsection (a)
shall be assigned to investigate potential violations of section 274A
of the Immigration and Nationality Act.
(c) LIMITATION ON OVERTIME.—None of the funds made available under subsection (a) shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of
$25,000 for any fiscal year.
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF INVESTIGATORS OF VISA OVERSTAYERS.

There are authorized to be appropriated such funds as may be
necessary to enable the Commissioner of Immigration and Naturalization to increase the number of investigators and support personnel to investigate visa overstayers by a number equivalent to 300
full-time active-duty investigators in fiscal year 1997.
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION ENFORCEMENT.

Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
‘‘(g)(1) Notwithstanding section 1342 of title 31, United States
Code, the Attorney General may enter into a written agreement with
a State, or any political subdivision of a State, pursuant to which
an officer or employee of the State or subdivision, who is determined
by the Attorney General to be qualified to perform a function of an
immigration officer in relation to the investigation, apprehension, or

17
detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may
carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.
‘‘(2) An agreement under this subsection shall require that an
officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of,
and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing
the function under the agreement have received adequate training
regarding the enforcement of relevant Federal immigration laws.
‘‘(3) In performing a function under this subsection, an officer
or employee of a State or political subdivision of a State shall be
subject to the direction and supervision of the Attorney General.
‘‘(4) In performing a function under this subsection, an officer
or employee of a State or political subdivision of a State may use
Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.
‘‘(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this
subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration
of the authority of the individual, and the position of the agency of
the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision.
‘‘(6) The Attorney General may not accept a service under this
subsection if the service will be used to displace any Federal employee.
‘‘(7) Except as provided in paragraph (8), an officer or employee
of a State or political subdivision of a State performing functions
under this subsection shall not be treated as a Federal employee for
any purpose other than for purposes of chapter 81 of title 5, United
States Code, (relating to compensation for injury) and sections 2671
through 2680 of title 28, United States Code (relating to tort
claims).
‘‘(8) An officer or employee of a State or political subdivision of
a State acting under color of authority under this subsection, or any
agreement entered into under this subsection, shall be considered to
be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee
in a civil action brought under Federal or State law.
‘‘(9) Nothing in this subsection shall be construed to require any
State or political subdivision of a State to enter into an agreement
with the Attorney General under this subsection.
‘‘(10) Nothing in this subsection shall be construed to require an
agreement under this subsection in order for any officer or employee
of a State or political subdivision of a State—
‘‘(A) to communicate with the Attorney General regarding
the immigration status of any individual, including reporting
knowledge that a particular alien is not lawfully present in the
United States; or

18
‘‘(B) otherwise to cooperate with the Attorney General in the
identification, apprehension, detention, or removal of aliens not
lawfully present in the United States.’’.
SEC. 134. MINIMUM STATE INS PRESENCE.

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

TITLE II—ENHANCED ENFORCEMENT
AND PENALTIES AGAINST ALIEN
SMUGGLING; DOCUMENT FRAUD
Subtitle A—Enhanced Enforcement and
Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR DOCUMENT FRAUD.

Section 2516(1) of title 18, United States Code, is amended—
(1) in paragraph (c), by striking ‘‘or section 1992 (relating
to wrecking trains)’’ and inserting ‘‘section 1992 (relating to
wrecking trains), a felony violation of section 1028 (relating to
production of false identification documentation), section 1425
(relating to the procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the
sale of naturalization or citizenship papers), section 1541 (relating to passport issuance without authority), section 1542 (relating to false statements in passport applications), section 1543
(relating to forgery or false use of passports), section 1544 (relating to misuse of passports), or section 1546 (relating to fraud
and misuse of visas, permits, and other documents)’’;
(2) by striking ‘‘or’’ at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following new paragraph:
‘‘(m) a violation of section 274, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the smuggling of aliens);’’.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

Section 1961(1) of title 18, United States Code, as amended by
section 433 of Public Law 104–132, is amended—
(1) by striking ‘‘if the act indictable under section 1028 was
committed for the purpose of financial gain’’;

19
(2) by inserting ‘‘section 1425 (relating to the procurement
of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers),’’ after ‘‘section 1344 (relating to financial institution fraud),’’;
(3) by striking ‘‘if the act indictable under section 1542 was
committed for the purpose of financial gain’’;
(4) by striking ‘‘if the act indictable under section 1543 was
committed for the purpose of financial gain’’;
(5) by striking ‘‘if the act indictable under section 1544 was
committed for the purpose of financial gain’’; and
(6) by striking ‘‘if the act indictable under section 1546 was
committed for the purpose of financial gain’’.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

(a) COMMERCIAL ADVANTAGE.—Section 274(a)(1)(B)(i) (8 U.S.C.
1324(a)(1)(B)(i)) is amended by inserting ‘‘or in the case of a violation of subparagraph (A) (ii), (iii), or (iv) in which the offense was
done for the purpose of commercial advantage or private financial
gain’’ after ‘‘subparagraph (A)(i)’’.
(b) ADDITIONAL OFFENSES.—Section 274(a) (8 U.S.C. 1324(a))
is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘or’’ at the end of clause (iii);
(B) by striking the comma at the end of clause (iv) and
inserting ‘‘; or’’; and
(C) by adding at the end the following new clause:
‘‘(v)(I) engages in any conspiracy to commit any of the preceding acts, or
‘‘(II) aids or abets the commission of any of the preceding
acts,’’;
(2) in paragraph (1)(B)—
(A) in clause (i), by inserting ‘‘or (v)(I)’’ after ‘‘(A)(i)’’;
(B) in clause (ii), by striking ‘‘or (iv)’’ and inserting
‘‘(iv), or (v)(II)’’;
(C) in clause (iii), by striking ‘‘or (iv)’’ and inserting
‘‘(iv), or (v)’’; and
(D) in clause (iv), by striking ‘‘or (iv)’’ and inserting
‘‘(iv), or (v)’’;
(3) in paragraph (2)(B), by striking ‘‘be fined’’ and all that
follows and inserting the following: ‘‘be fined under title 18,
United States Code, and shall be imprisoned, in the case of a
first or second violation of subparagraph (B)(iii), not more than
10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years,
and for any other violation, not less than 5 nor more than 15
years.’’; and
(4) by adding at the end the following new paragraph:
‘‘(3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual
knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both.
‘‘(B) An alien described in this subparagraph is an alien who—

20
‘‘(i) is an unauthorized alien (as defined in section
274A(h)(3)), and
‘‘(ii) has been brought into the United States in violation of
this subsection.’’.
(c) SMUGGLING OF ALIENS WHO WILL COMMIT CRIMES.—Clause
(i) of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to
read as follows:
‘‘(i) an offense committed with the intent or with reason
to believe that the alien unlawfully brought into the United
States will commit an offense against the United States or
any State punishable by imprisonment for more than 1
year,’’.
(d) APPLYING CERTAIN PENALTIES ON A PER ALIEN BASIS.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking ‘‘for each
transaction constituting a violation of this paragraph, regardless of
the number of aliens involved’’ and inserting ‘‘for each alien in respect to whom a violation of this paragraph occurs’’.
(e) SENTENCING GUIDELINES.—
(1) IN GENERAL.—Pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or
amend existing sentencing guidelines for offenders convicted of
offenses related to smuggling, transporting, harboring, or inducing aliens in violation of section 274(a) (1)(A) or (2) of the
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A),
(2)(B)) in accordance with this subsection.
(2) REQUIREMENTS.—In carrying out this subsection, the
Commission shall, with respect to the offenses described in
paragraph (1)—
(A) increase the base offense level for such offenses at
least 3 offense levels above the applicable level in effect on
the date of the enactment of this Act;
(B) review the sentencing enhancement for the number
of aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the
sentencing enhancement by at least 50 percent above the
applicable enhancement in effect on the date of the enactment of this Act;
(C) impose an appropriate sentencing enhancement
upon an offender with 1 prior felony conviction arising out
of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category;
(D) impose an additional appropriate sentencing enhancement upon an offender with 2 or more prior felony
convictions arising out of separate and prior prosecutions
for offenses that involved the same or similar underling
conduct as the current offense, to be applied in addition to
any sentencing enhancement that would otherwise apply
pursuant to the calculation of the defendant’s criminal history category;

21
(E) impose an appropriate sentencing enhancement on
a defendant who, in the course of committing an offense described in this subsection—
(i) murders or otherwise causes death, bodily injury, or serious bodily injury to an individual;
(ii) uses or brandishes a firearm or other dangerous weapon; or
(iii) engages in conduct that consciously or recklessly places another in serious danger of death or serious bodily injury;
(F) consider whether a downward adjustment is appropriate if the offense is a first offense and involves the smuggling only of the alien’s spouse or child; and
(G) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments.
(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—
The Commission shall promulgate the guidelines or amendments provided for under this subsection as soon as practicable
in accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under that
Act had not expired.
(f) EFFECTIVE DATE.—This section and the amendments made
by this section shall apply with respect to offenses occurring on or
after the date of the enactment of this Act.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

(a) IN GENERAL.—The number of Assistant United States Attorneys employed by the Department of Justice for the fiscal year 1997
shall be increased by at least 25 above the number of Assistant
United States Attorneys that were authorized to be employed as of
September 30, 1996.
(b) ASSIGNMENT.—Individuals employed to fill the additional
positions described in subsection (a) shall prosecute persons who
bring into the United States or harbor illegal aliens or violate other
criminal statutes involving illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

(a) IN GENERAL.—Title II is amended by adding at the end the
following new section:
‘‘UNDERCOVER

INVESTIGATION AUTHORITY

‘‘SEC. 294. (a) IN GENERAL.—With respect to any undercover investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States—
‘‘(1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the following
provisions of law:
‘‘(A) section 3679(a) of the Revised Statutes (31 U.S.C.
1341),
‘‘(B) section 3732(a) of the Revised Statutes (41 U.S.C.
11(a)),

22
‘‘(C) section 305 of the Act of June 30, 1949 (63 Stat.
396; 41 U.S.C. 255),
‘‘(D) the third undesignated paragraph under the heading ‘Miscellaneous’ of the Act of March 3, 1877 (19 Stat.
370; 40 U.S.C. 34),
‘‘(E) section 3648 of the Revised Statutes (31 U.S.C.
3324),
‘‘(F) section 3741 of the Revised Statutes (41 U.S.C.
22), and
‘‘(G) subsections (a) and (c) of section 304 of the Federal Property and Administrative Services Act of 1949 (63
Stat. 395; 41 U.S.C. 254 (a) and (c));
‘‘(2) sums appropriated for the Service may be used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial basis, without
regard to the provisions of section 304 of the Government Corporation Control Act (31 U.S.C. 9102);
‘‘(3) sums appropriated for the Service, and the proceeds
from the undercover operation, may be deposited in banks or
other financial institutions without regard to the provisions of
section 648 of title 18, United States Code, and of section 3639
of the Revised Statutes (31 U.S.C. 3302); and
‘‘(4) the proceeds from the undercover operation may be
used to offset necessary and reasonable expenses incurred in
such operation without regard to the provisions of section 3617
of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised only
upon written certification of the Commissioner, in consultation with
the Deputy Attorney General, that any action authorized by paragraph (1), (2), (3), or (4) is necessary for the conduct of the undercover operation.
‘‘(b) DISPOSITION OF PROCEEDS NO LONGER REQUIRED.—As
soon as practicable after the proceeds from an undercover investigative operation, carried out under paragraphs (3) and (4) of subsection (a), are no longer necessary for the conduct of the operation,
the proceeds or the balance of the proceeds remaining at the time
shall be deposited into the Treasury of the United States as miscellaneous receipts.
‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND BUSINESS ENTITIES.—If a corporation or business entity established or acquired
as part of an undercover operation under paragraph (2) of subsection (a) with a net value of over $50,000 is to be liquidated, sold,
or otherwise disposed of, the Service, as much in advance as the
Commissioner or Commissioner’s designee determines practicable,
shall report the circumstances to the Attorney General, the Director
of the Office of Management and Budget, and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after
obligations are met, shall be deposited in the Treasury of the United
States as miscellaneous receipts.
‘‘(d) FINANCIAL AUDITS.—The Service shall conduct detailed financial audits of closed undercover operations on a quarterly basis
and shall report the results of the audits in writing to the Deputy
Attorney General.’’.

23
(b) CLERICAL AMENDMENT.—The table of contents is amended
by inserting after the item relating to section 293 the following:
‘‘Sec. 294. Undercover investigation authority.’’.

Subtitle B—Deterrence of Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.

(a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED IDENTIFICADOCUMENTS.—(1) Section 1028(b) of title 18, United States
Code, is amended—
(A) in paragraph (1), by inserting ‘‘except as provided in
paragraphs (3) and (4),’’ after ‘‘(1)’’ and by striking ‘‘five years’’
and inserting ‘‘15 years’’;
(B) in paragraph (2), by inserting ‘‘except as provided in
paragraphs (3) and (4),’’ after ‘‘(2)’’ and by striking ‘‘and’’ at the
end;
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following new
paragraphs:
‘‘(3) a fine under this title or imprisonment for not more
than 20 years, or both, if the offense is committed to facilitate
a drug trafficking crime (as defined in section 929(a)(2) of this
title);
‘‘(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed to facilitate
an act of international terrorism (as defined in section 2331(1)
of this title); and’’.
(2) Sections 1425 through 1427, sections 1541 through 1544,
and section 1546(a) of title 18, United States Code, are each amended by striking ‘‘imprisoned not more’’ and all that follows through
‘‘years’’ each place it appears and inserting the following: ‘‘imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of
this title)), 20 years (if the offense was committed to facilitate a drug
trafficking crime (as defined in section 929(a) of this title)), 10 years
(in the case of the first or second such offense, if the offense was not
committed to facilitate such an act of international terrorism or a
drug trafficking crime), or 15 years (in the case of any other offense)’’.
(b) CHANGES TO THE SENTENCING LEVELS.—
(1) IN GENERAL.—Pursuant to the Commission’s authority
under section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for offenders
convicted of violating, or conspiring to violate, sections
1028(b)(1), 1425 through 1427, 1541 through 1544, and 1546(a)
of title 18, United States Code, in accordance with this subsection.
(2) REQUIREMENTS.—In carrying out this subsection, the
Commission shall, with respect to the offenses referred to in
paragraph (1)—

TION

24
(A) increase the base offense level for such offenses at
least 2 offense levels above the level in effect on the date of
the enactment of this Act;
(B) review the sentencing enhancement for number of
documents or passports involved (U.S.S.G. 2L2.1(b)(2)),
and increase the upward adjustment by at least 50 percent
above the applicable enhancement in effect on the date of
the enactment of this Act;
(C) impose an appropriate sentencing enhancement
upon an offender with 1 prior felony conviction arising out
of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category;
(D) impose an additional appropriate sentencing enhancement upon an offender with 2 or more prior felony
convictions arising out of separate and prior prosecutions
for offenses that involved the same or similar underlying
conduct as the current offense, to be applied in addition to
any sentencing enhancement that would otherwise apply
pursuant to the calculation of the defendant’s criminal history category; and
(E) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments.
(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—
The Commission shall promulgate the guidelines or amendments provided for under this subsection as soon as practicable
in accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under that
Act had not expired.
(c) EFFECTIVE DATE.—This section and the amendments made
by this section shall apply with respect to offenses occurring on or
after the date of the enactment of this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES
FOR DOCUMENT FRAUD.

(a) ACTIVITIES PROHIBITED.—Section 274C(a) (8 U.S.C.
1324c(a)) is amended—
(1) in paragraph (1), by inserting before the comma at the
end the following: ‘‘or to obtain a benefit under this Act’’;
(2) in paragraph (2), by inserting before the comma at the
end the following: ‘‘or to obtain a benefit under this Act’’;
(3) in paragraph (3)—
(A) by inserting ‘‘or with respect to’’ after ‘‘issued to’’;
(B) by adding before the comma at the end the following: ‘‘or obtaining a benefit under this Act’’; and
(C) by striking ‘‘or’’ at the end;
(4) in paragraph (4)—
(A) by inserting ‘‘or with respect to’’ after ‘‘issued to’’;
(B) by adding before the period at the end the following: ‘‘or obtaining a benefit under this Act’’; and
(C) by striking the period at the end and inserting ‘‘,
or’’; and

25
(5) by adding at the end the following new paragraphs:
‘‘(5) to prepare, file, or assist another in preparing or filing,
any application for benefits under this Act, or any document required under this Act, or any document submitted in connection
with such application or document, with knowledge or in reckless disregard of the fact that such application or document was
falsely made or, in whole or in part, does not relate to the person on whose behalf it was or is being submitted, or
‘‘(6)(A) to present before boarding a common carrier for the
purpose of coming to the United States a document which relates to the alien’s eligibility to enter the United States, and (B)
to fail to present such document to an immigration officer upon
arrival at a United States port of entry.’’.
(b) DEFINITION OF FALSELY MAKE.—Section 274C (8 U.S.C.
1324c), as amended by section 213, is further amended by adding
at the end the following new subsection:
‘‘(f) FALSELY MAKE.—For purposes of this section, the term
‘falsely make’ means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the
application or document contains a false, fictitious, or fraudulent
statement or material representation, or has no basis in law or fact,
or otherwise fails to state a fact which is material to the purpose
for which it was submitted.’’.
(c) CONFORMING AMENDMENT.—Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ‘‘each document used, accepted,
or created and each instance of use, acceptance, or creation’’ each
place it appears and inserting ‘‘each document that is the subject of
a violation under subsection (a)’’.
(d) WAIVER BY ATTORNEY GENERAL.—Section 274C(d) (8 U.S.C.
1324c(d)) is amended by adding at the end the following new paragraph:
‘‘(7) WAIVER BY ATTORNEY GENERAL.—The Attorney General
may waive the penalties imposed by this section with respect to
an alien who knowingly violates subsection (a)(6) if the alien is
granted asylum under section 208 or withholding of deportation
under section 243(h).’’.
(e) EFFECTIVE DATE.—Section 274C(f) of the Immigration and
Nationality Act, as added by subsection (b), applies to the preparation of applications before, on, or after the date of the enactment of
this Act.
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE
AS PREPARER OF FALSE APPLICATION FOR IMMIGRATION
BENEFITS.

Section 274C (8 U.S.C. 1324c) is amended by adding at the end
the following new subsection:
‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS
DOCUMENT PREPARER.—(1) Whoever, in any matter within the jurisdiction of the Service, knowingly and willfully fails to disclose, conceals, or covers up the fact that they have, on behalf of any person
and for a fee or other remuneration, prepared or assisted in preparing an application which was falsely made (as defined in subsection
(f)) for immigration benefits, shall be fined in accordance with title
18, United States Code, imprisoned for not more than 5 years, or
both, and prohibited from preparing or assisting in preparing,

26
whether or not for a fee or other remuneration, any other such application.
‘‘(2) Whoever, having been convicted of a violation of paragraph
(1), knowingly and willfully prepares or assists in preparing an application for immigration benefits pursuant to this Act, or the regulations promulgated thereunder, whether or not for a fee or other remuneration and regardless of whether in any matter within the jurisdiction of the Service, shall be fined in accordance with title 18,
United States Code, imprisoned for not more than 15 years, or both,
and prohibited from preparing or assisting in preparing any other
such application.’’.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN
LAW OR FACT.

The fourth paragraph of section 1546(a) of title 18, United
States Code, is amended by striking ‘‘containing any such false
statement’’ and inserting ‘‘which contains any such false statement
or which fails to contain any reasonable basis in law or fact’’.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.

Section 1015 of title 18, United States Code, is amended—
(1) by striking the dash at the end of paragraph (d) and inserting ‘‘; or’’, and
(2) by inserting after paragraph (d) the following:
‘‘(e) Whoever knowingly makes any false statement or claim that
he is, or at any time has been, a citizen or national of the United
States, with the intent to obtain on behalf of himself, or any other
person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; or
‘‘(f) Whoever knowingly makes any false statement or claim that
he is a citizen of the United States in order to register to vote or
to vote in any Federal, State, or local election (including an initiative, recall, or referendum)—’’.
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL
ELECTION.

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

27
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 29 of title 18, United States Code, is amended by
inserting after the item relating to section 610 the following new
item:
‘‘611. Voting by aliens.’’.
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED
OFFENSES.

Section 982(a) of title 18, United States Code, is amended by
inserting after paragraph (5) the following new paragraph:
‘‘(6)(A) The court, in imposing sentence on a person convicted of
a violation of, or conspiracy to violate, section 1425, 1426, 1427,
1541, 1542, 1543, 1544, or 1546 of this title, or a violation of, or
conspiracy to violate, section 1028 of this title if committed in connection with passport or visa issuance or use, shall order that the
person forfeit to the United States, regardless of any provision of
State law—
‘‘(i) any conveyance, including any vessel, vehicle, or aircraft used in the commission of a violation of, or a conspiracy
to violate, subsection (a); and
‘‘(ii) any property real or personal—
‘‘(I) that constitutes, or is derived from or is traceable
to the proceeds obtained directly or indirectly from the commission of a violation of, or a conspiracy to violate, subsection (a), section 274A(a)(1) or 274A(a)(2) of the Immigration and Nationality Act, or section 1028, 1425, 1426, 1427,
1541, 1542, 1543, 1544, or 1546 of this title; or
‘‘(II) that is used to facilitate, or is intended to be used
to facilitate, the commission of a violation of, or a conspiracy to violate, subsection (a), section 274A(a)(1) or
274A(a)(2) of the Immigration and Nationality Act, or section 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or
1546 of this title.
The court, in imposing sentence on such person, shall order that the
person forfeit to the United States all property described in this subparagraph.
‘‘(B) The criminal forfeiture of property under subparagraph
(A), including any seizure and disposition of the property and any
related administrative or judicial proceeding, shall be governed by
the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and (d) of such section 413.’’.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.

(a) AMENDMENTS TO TITLE 18.—Sections 1581, 1583, 1584, and
1588 of title 18, United States Code, are amended by striking ‘‘five’’
each place it appears and inserting ‘‘10’’.
(b) REVIEW OF SENTENCING GUIDELINES.—The United States
Sentencing Commission shall ascertain whether there exists an unwarranted disparity—
(1) between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for kidnapping offenses in effect on the date of the enactment of this Act;
and

28
(2) between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for alien
smuggling offenses in effect on the date of the enactment of this
Act and after the amendment made by subsection (a).
(c) AMENDMENT OF SENTENCING GUIDELINES.—
(1) IN GENERAL.—Pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sentencing Commission shall review its guidelines on sentencing
for peonage, involuntary servitude, and slave trade offenses
under sections 1581 through 1588 of title 18, United States
Code, and shall amend such guidelines as necessary to—
(A) reduce or eliminate any unwarranted disparity
found under subsection (b) that exists between the sentences
for peonage, involuntary servitude, and slave trade offenses,
and the sentences for kidnapping offenses and alien smuggling offenses;
(B) ensure that the applicable guidelines for defendants
convicted of peonage, involuntary servitude, and slave trade
offenses are sufficiently stringent to deter such offenses and
adequately reflect the heinous nature of such offenses; and
(C) ensure that the guidelines reflect the general appropriateness of enhanced sentences for defendants whose peonage, involuntary servitude, or slave trade offenses involve—
(i) a large number of victims;
(ii) the use or threatened use of a dangerous weapon; or
(iii) a prolonged period of peonage or involuntary
servitude.
(2) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—
The Commission shall promulgate the guidelines or amendments provided for under this subsection as soon as practicable
in accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under that
Act had not expired.
(d) EFFECTIVE DATE.—This section and the amendments made
by this section shall apply with respect to offenses occurring on or
after the date of the enactment of this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.

Section 274 (8 U.S.C. 1324) is amended by adding at the end
thereof the following new subsection:
‘‘(d) Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise
unable to testify, may be admitted into evidence in an action
brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal
Rules of Evidence.’’.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.

Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (A);

29
(2) by striking the period at the end of subparagraph (B)
and inserting ‘‘, and’’; and
(3) by inserting after subparagraph (B) the following:
‘‘(C) immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses
and the production of evidence at any designated place
prior to the filing of a complaint in a case under paragraph
(2).’’.

TITLE
III—INSPECTION,
APPREHENSION, DETENTION, ADJUDICATION,
AND REMOVAL OF INADMISSIBLE AND
DEPORTABLE ALIENS
Subtitle A—Revision of Procedures for
Removal of Aliens
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT AUTHORIZATION AS NOT ADMITTED.

(a) ‘‘ADMISSION’’ DEFINED.—Paragraph (13) of section 101(a) (8
U.S.C. 1101(a)) is amended to read as follows:
‘‘(13)(A) The terms ‘admission’ and ‘admitted’ mean, with respect to an alien, the lawful entry of the alien into the United States
after inspection and authorization by an immigration officer.
‘‘(B) An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
‘‘(C) An alien lawfully admitted for permanent residence in the
United States shall not be regarded as seeking an admission into
the United States for purposes of the immigration laws unless the
alien—
‘‘(i) has abandoned or relinquished that status,
‘‘(ii) has been absent from the United States for a continuous period in excess of 180 days,
‘‘(iii) has engaged in illegal activity after having departed
the United States,
‘‘(iv) has departed from the United States while under legal
process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition
proceedings,
‘‘(v) has committed an offense identified in section
212(a)(2), unless since such offense the alien has been granted
relief under section 212(h) or 240A(a), or
‘‘(vi) is attempting to enter at a time or place other than as
designated by immigration officers or has not been admitted to
the United States after inspection and authorization by an immigration officer.’’.
(b) INADMISSIBILITY OF ALIENS PREVIOUSLY REMOVED AND UNLAWFULLY PRESENT.—

30
(1) IN GENERAL.—Section 212(a) (8 U.S.C. 1182(a)) is
amended by redesignating paragraph (9) as paragraph (10) and
by inserting after paragraph (8) the following new paragraph:
‘‘(9) ALIENS PREVIOUSLY REMOVED.—
‘‘(A) CERTAIN ALIENS PREVIOUSLY REMOVED.—
‘‘(i) ARRIVING ALIENS.—Any alien who has been ordered removed under section 235(b)(1) or at the end of
proceedings under section 240 initiated upon the alien’s
arrival in the United States and who again seeks admission within 5 years of the date of such removal (or
within 20 years in the case of a second or subsequent
removal or at any time in the case of an alien convicted
of an aggravated felony) is inadmissible.
‘‘(ii) OTHER ALIENS.—Any alien not described in
clause (i) who—
‘‘(I) has been ordered removed under section
240 or any other provision of law, or
‘‘(II) departed the United States while an order
of removal was outstanding,
and who seeks admission within 10 years of the date
of such alien’s departure or removal (or within 20
years of such date in the case of a second or subsequent
removal or at any time in the case of an alien convicted
of an aggravated felony) is inadmissible.
‘‘(iii) EXCEPTION.—Clauses (i) and (ii) shall not
apply to an alien seeking admission within a period if,
prior to the date of the alien’s reembarkation at a place
outside the United States or attempt to be admitted
from foreign contiguous territory, the Attorney General
has consented to the alien’s reapplying for admission.
‘‘(B) ALIENS UNLAWFULLY PRESENT.—
‘‘(i) IN GENERAL.—Any alien (other than an alien
lawfully admitted for permanent residence) who—
‘‘(I) was unlawfully present in the United
States for a period of more than 180 days but less
than 1 year, voluntarily departed the United
States (whether or not pursuant to section 244(e))
prior to the commencement of proceedings under
section 235(b)(1) or section 240, and again seeks
admission within 3 years of the date of such alien’s
departure or removal, or
‘‘(II) has been unlawfully present in the United
States for one year or more, and who again seeks
admission within 10 years of the date of such
alien’s departure or removal from the United
States,
is inadmissible.
‘‘(ii) CONSTRUCTION OF UNLAWFUL PRESENCE.—For
purposes of this paragraph, an alien is deemed to be
unlawfully present in the United States if the alien is
present in the United States after the expiration of the
period of stay authorized by the Attorney General or is
present in the United States without being admitted or
paroled.

31
‘‘(iii) EXCEPTIONS.—
‘‘(I) MINORS.—No period of time in which an
alien is under 18 years of age shall be taken into
account in determining the period of unlawful
presence in the United States under clause (i).
‘‘(II) ASYLEES.—No period of time in which an
alien has a bona fide application for asylum pending under section 208 shall be taken into account
in determining the period of unlawful presence in
the United States under clause (i) unless the alien
during such period was employed without authorization in the United States.
‘‘(III) FAMILY UNITY.—No period of time in
which the alien is a beneficiary of family unity
protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the
United States under clause (i).
‘‘(IV) BATTERED WOMEN AND CHILDREN.—
Clause (i) shall not apply to an alien who would
be described in paragraph (6)(A)(ii) if ‘violation of
the terms of the alien’s nonimmigrant visa’ were
substituted for ‘unlawful entry into the United
States’ in subclause (III) of that paragraph.
‘‘(iv) TOLLING FOR GOOD CAUSE.—In the case of an
alien who—
‘‘(I) has been lawfully admitted or paroled into
the United States,
‘‘(II) has filed a nonfrivolous application for a
change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and
‘‘(III) has not been employed without authorization in the United States before or during the
pendency of such application,
the calculation of the period of time specified in clause
(i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days.
‘‘(v) WAIVER.—The Attorney General has sole discretion to waive clause (i) in the case of an immigrant
who is the spouse or son or daughter of a United States
citizen or of an alien lawfully admitted for permanent
residence, if it is established to the satisfaction of the
Attorney General that the refusal of admission to such
immigrant alien would result in extreme hardship to
the citizen or lawfully resident spouse or parent of such
alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a
waiver under this clause.
‘‘(C) ALIENS UNLAWFULLY PRESENT AFTER PREVIOUS IMMIGRATION VIOLATIONS.—
‘‘(i) IN GENERAL.—Any alien who—

32
‘‘(I) has been unlawfully present in the United
States for an aggregate period of more than 1 year,
or
‘‘(II) has been ordered removed under section
235(b)(1), section 240, or any other provision of
law,
and who enters or attempts to reenter the United States
without being admitted is inadmissible.
‘‘(ii) EXCEPTION.—Clause (i) shall not apply to an
alien seeking admission more than 10 years after the
date of the alien’s last departure from the United
States if, prior to the alien’s reembarkation at a place
outside the United States or attempt to be readmitted
from a foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission.’’.
(2) LIMITATION ON CHANGE OF STATUS.—Section 248 (8
U.S.C. 1258) is amended by inserting ‘‘and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility
under such section is waived under section 212(a)(9)(B)(v))’’
after ‘‘maintain that status’’.
(3) TREATMENT OF UNLAWFUL PRESENCE BEFORE EFFECTIVE
DATE.—In applying section 212(a)(9)(B) of the Immigration and
Nationality Act, as inserted by paragraph (1), no period before
the title III–A effective date shall be included in a period of unlawful presence in the United States.
(c) REVISION TO GROUND OF INADMISSIBILITY FOR ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.—
(1) IN GENERAL.—Subparagraphs (A) and (B) of section
212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as follows:
‘‘(A) ALIENS PRESENT WITHOUT ADMISSION OR PAROLE.—
‘‘(i) IN GENERAL.—An alien present in the United
States without being admitted or paroled, or who arrives in the United States at any time or place other
than as designated by the Attorney General, is inadmissible.
‘‘(ii) EXCEPTION FOR CERTAIN BATTERED WOMEN
AND CHILDREN.—Clause (i) shall not apply to an alien
who demonstrates that—
‘‘(I) the alien qualifies for immigrant status
under subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii) of section 204(a)(1),
‘‘(II)(a) the alien has been battered or subjected
to extreme cruelty by a spouse or parent, or by a
member of the spouse’s or parent’s family residing
in the same household as the alien and the spouse
or parent consented or acquiesced to such battery
or cruelty, or (b) the alien’s child has been battered
or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of
the alien in the battery or cruelty) or by a member
of the spouse’s or parent’s family residing in the
same household as the alien when the spouse or

33
parent consented to or acquiesced in such battery
or cruelty and the alien did not actively participate
in such battery or cruelty, and
‘‘(III) there was a substantial connection between the battery or cruelty described in subclause
(I) or (II) and the alien’s unlawful entry into the
United States.
‘‘(B) FAILURE TO ATTEND REMOVAL PROCEEDING.—Any
alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine
the alien’s inadmissibility or deportability and who seeks
admission to the United States within 5 years of such
alien’s subsequent departure or removal is inadmissible.’’.
(2) TRANSITION FOR BATTERED SPOUSE OR CHILD PROVISION.—The requirements of subclauses (II) and (III) of section
212(a)(6)(A)(ii) of the Immigration and Nationality Act, as inserted by paragraph (1), shall not apply to an alien who demonstrates that the alien first arrived in the United States before
the title III–A effective date (described in section 309(a)).
(d) ADJUSTMENT IN GROUNDS FOR DEPORTATION.—Section 241
(8 U.S.C. 1251), before redesignation as section 237 by section
305(a)(2), is amended—
(1) in the matter before paragraph (1) of subsection (a), by
striking ‘‘in the United States’’ and inserting ‘‘in and admitted
to the United States’’;
(2) in subsection (a)(1), by striking ‘‘EXCLUDABLE’’ each
place it appears and inserting ‘‘INADMISSIBLE’’;
(3) in subsection (a)(1)(A), by striking ‘‘excludable’’ and inserting ‘‘inadmissible’’; and
(4) by amending subparagraph (B) of subsection (a)(1) to
read as follows:
‘‘(B) PRESENT IN VIOLATION OF LAW.—Any alien who is
present in the United States in violation of this Act or any
other law of the United States is deportable.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED SECTION 235).

(a) IN GENERAL.—Section 235 (8 U.S.C. 1225) is amended to
read as follows:
‘‘INSPECTION

BY IMMIGRATION OFFICERS; EXPEDITED REMOVAL OF
INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR HEARING

‘‘SEC. 235. (a) INSPECTION.—
‘‘(1) ALIENS TREATED AS APPLICANTS FOR ADMISSION.—An
alien present in the United States who has not been admitted
or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought
to the United States after having been interdicted in international or United States waters) shall be deemed for purposes
of this Act an applicant for admission.
‘‘(2) STOWAWAYS.—An arriving alien who is a stowaway is
not eligible to apply for admission or to be admitted and shall
be ordered removed upon inspection by an immigration officer.
Upon such inspection if the alien indicates an intention to

34
apply for asylum under section 208 or a fear of persecution, the
officer shall refer the alien for an interview under subsection
(b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an
applicant for admission or eligible for a hearing under section
240.
‘‘(3) INSPECTION.—All aliens (including alien crewmen) who
are applicants for admission or otherwise seeking admission or
readmission to or transit through the United States shall be inspected by immigration officers.
‘‘(4) WITHDRAWAL OF APPLICATION FOR ADMISSION.—An
alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States.
‘‘(5) STATEMENTS.—An applicant for admission may be required to state under oath any information sought by an immigration officer regarding the purposes and intentions of the applicant in seeking admission to the United States, including the
applicant’s intended length of stay and whether the applicant
intends to remain permanently or become a United States citizen, and whether the applicant is inadmissible.
‘‘(b) INSPECTION OF APPLICANTS FOR ADMISSION.—
‘‘(1) INSPECTION OF ALIENS ARRIVING IN THE UNITED STATES
AND CERTAIN OTHER ALIENS WHO HAVE NOT BEEN ADMITTED OR
PAROLED.—
‘‘(A) SCREENING.—
‘‘(i) IN GENERAL.—If an immigration officer 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 section 212(a)(6)(C) or 212(a)(7), the officer shall order the
alien removed from the United States without further
hearing or review unless the alien indicates either an
intention to apply for asylum under section 208 or a
fear of persecution.
‘‘(ii) CLAIMS FOR ASYLUM.—If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the
United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7) and the
alien indicates either an intention to apply for asylum
under section 208 or a fear of persecution, the officer
shall refer the alien for an interview by an asylum officer under subparagraph (B).
‘‘(iii) APPLICATION TO CERTAIN OTHER ALIENS.—
‘‘(I) IN GENERAL.—The Attorney General may
apply clauses (i) and (ii) of this subparagraph to
any or all aliens described in subclause (II) as designated by the Attorney General. Such designation
shall be in the sole and unreviewable discretion of
the Attorney General and may be modified at any
time.

35
‘‘(II) ALIENS DESCRIBED.—An alien described
in this clause is an alien who is not described in
subparagraph (F), who has not been admitted or
paroled into the United States, and who has not
affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for
the 2-year period immediately prior to the date of
the determination of inadmissibility under this
subparagraph.
‘‘(B) ASYLUM INTERVIEWS.—
‘‘(i) CONDUCT BY ASYLUM OFFICERS.—An asylum
officer shall conduct interviews of aliens referred under
subparagraph (A)(ii), either at a port of entry or at
such other place designated by the Attorney General.
‘‘(ii) REFERRAL OF CERTAIN ALIENS.—If the officer
determines at the time of the interview that an alien
has a credible fear of persecution (within the meaning
of clause (v)), the alien shall be detained for further
consideration of the application for asylum.
‘‘(iii) REMOVAL WITHOUT FURTHER REVIEW IF NO
CREDIBLE FEAR OF PERSECUTION.—
‘‘(I) IN GENERAL.—Subject to subclause (III), if
the officer determines that an alien does not have
a credible fear of persecution, the officer shall
order the alien removed from the United States
without further hearing or review.
‘‘(II) RECORD OF DETERMINATION.—The officer
shall prepare a written record of a determination
under subclause (I). Such record shall include a
summary of the material facts as stated by the applicant, such additional facts (if any) relied upon
by the officer, and the officer’s analysis of why, in
the light of such facts, the alien has not established a credible fear of persecution. A copy of the
officer’s interview notes shall be attached to the
written summary.
‘‘(III) REVIEW OF DETERMINATION.—The Attorney General shall provide by regulation and upon
the alien’s request for prompt review by an immigration judge of a determination under subclause
(I) that the alien does not have a credible fear of
persecution. Such review shall include an opportunity for the alien to be heard and questioned by
the immigration judge, either in person or by telephonic or video connection. Review shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no
case later than 7 days after the date of the determination under subclause (I).
‘‘(IV) MANDATORY DETENTION.—Any alien subject to the procedures under this clause shall be detained pending a final determination of credible

36
fear of persecution and, if found not to have such
a fear, until removed.
‘‘(iv) INFORMATION ABOUT INTERVIEWS.—The Attorney General shall provide information concerning the
asylum interview described in this subparagraph to
aliens who may be eligible. An alien who is eligible for
such interview may consult with a person or persons of
the alien’s choosing prior to the interview or any review
thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably
delay the process.
‘‘(v) CREDIBLE FEAR OF PERSECUTION DEFINED.—
For purposes of this subparagraph, the term ‘credible
fear of persecution’ means that there is a significant
possibility, taking into account the credibility of the
statements made by the alien in support of the alien’s
claim and such other facts as are known to the officer,
that the alien could establish eligibility for asylum
under section 208.
‘‘(C) LIMITATION ON ADMINISTRATIVE REVIEW.—Except
as provided in subparagraph (B)(iii)(III), a removal order
entered in accordance with subparagraph (A)(i) or (B)(iii)(I)
is not subject to administrative appeal, except that the Attorney General shall provide by regulation for prompt review of such an order under subparagraph (A)(i) against
an alien who claims under oath, or as permitted under
penalty of perjury under section 1746 of title 28, United
States Code, after having been warned of the penalties for
falsely making such claim under such conditions, to have
been lawfully admitted for permanent residence, to have
been admitted as a refugee under section 207, or to have
been granted asylum under section 208.
‘‘(D) LIMIT ON COLLATERAL ATTACKS.—In any action
brought against an alien under section 275(a) or section
276, the court shall not have jurisdiction to hear any claim
attacking the validity of an order of removal entered under
subparagraph (A)(i) or (B)(iii).
‘‘(E) ASYLUM OFFICER DEFINED.—As used in this paragraph, the term ‘asylum officer’ means an immigration officer who—
‘‘(i) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of
applications under section 208, and
‘‘(ii) is supervised by an officer who meets the condition described in clause (i) and has had substantial
experience adjudicating asylum applications.
‘‘(F) EXCEPTION.—Subparagraph (A) shall not apply to
an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States
does not have full diplomatic relations and who arrives by
aircraft at a port of entry.
‘‘(2) INSPECTION OF OTHER ALIENS.—

37
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that
an alien seeking admission is not clearly and beyond a
doubt entitled to be admitted, the alien shall be detained
for a proceeding under section 240.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to
an alien—
‘‘(i) who is a crewman,
‘‘(ii) to whom paragraph (1) applies, or
‘‘(iii) who is a stowaway.
‘‘(C) TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.—In the case of an alien described in subparagraph (A) who is arriving on land (whether or not at
a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return
the alien to that territory pending a proceeding under section 240.
‘‘(3) CHALLENGE OF DECISION.—The decision of the examining immigration officer, if favorable to the admission of any
alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien whose
privilege to be admitted is so challenged, before an immigration
judge for a proceeding under section 240.
‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECURITY AND RELATED GROUNDS.—
‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—If an immigration officer or an immigration judge suspects that an arriving
alien may be inadmissible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3), the officer or judge
shall—
‘‘(A) order the alien removed, subject to review under
paragraph (2);
‘‘(B) report the order of removal to the Attorney General; and
‘‘(C) not conduct any further inquiry or hearing until
ordered by the Attorney General.
‘‘(2) REVIEW OF ORDER.—(A) The Attorney General shall review orders issued under paragraph (1).
‘‘(B) If the Attorney General—
‘‘(i) is satisfied on the basis of confidential information
that the alien is inadmissible under subparagraph (A)
(other than clause (ii)), (B), or (C) of section 212(a)(3), and
‘‘(ii) after consulting with appropriate security agencies
of the United States Government, concludes that disclosure
of the information would be prejudicial to the public interest, safety, or security,
the Attorney General may order the alien removed without further inquiry or hearing by an immigration judge.
‘‘(C) If the Attorney General does not order the removal of
the alien under subparagraph (B), the Attorney General shall
specify the further inquiry or hearing that shall be conducted
in the case.

38
‘‘(3) SUBMISSION OF STATEMENT AND INFORMATION.—The
alien or the alien’s representative may submit a written statement and additional information for consideration by the Attorney General.
‘‘(d) AUTHORITY RELATING TO INSPECTIONS.—
‘‘(1) AUTHORITY TO SEARCH CONVEYANCES.—Immigration
officers are authorized to board and search any vessel, aircraft,
railway car, or other conveyance or vehicle in which they believe
aliens are being brought into the United States.
‘‘(2) AUTHORITY TO ORDER DETENTION AND DELIVERY OF ARRIVING ALIENS.—Immigration officers are authorized to order
an owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States—
‘‘(A) to detain the alien on the vessel or at the airport
of arrival, and
‘‘(B) to deliver the alien to an immigration officer for
inspection or to a medical officer for examination.
‘‘(3) ADMINISTRATION OF OATH AND CONSIDERATION OF EVIDENCE.—The Attorney General and any immigration officer
shall have power to administer oaths and to take and consider
evidence of or from any person touching the privilege of any
alien or person he believes or suspects to be an alien to enter,
reenter, transit through, or reside in the United States or concerning any matter which is material and relevant to the enforcement of this Act and the administration of the Service.
‘‘(4) SUBPOENA AUTHORITY.—(A) The Attorney General and
any immigration officer shall have power to require by subpoena the attendance and testimony of witnesses before immigration officers and the production of books, papers, and documents relating to the privilege of any person to enter, reenter,
reside in, or pass through the United States or concerning any
matter which is material and relevant to the enforcement of this
Act and the administration of the Service, and to that end may
invoke the aid of any court of the United States.
‘‘(B) Any United States district court within the jurisdiction
of which investigations or inquiries are being conducted by an
immigration officer may, in the event of neglect or refusal to respond to a subpoena issued under this paragraph or refusal to
testify before an immigration officer, issue an order requiring
such persons to appear before an immigration officer, produce
books, papers, and documents if demanded, and testify, and
any failure to obey such order of the court may be punished by
the court as a contempt thereof.’’.
(b) GAO STUDY ON OPERATION OF EXPEDITED REMOVAL PROCEDURES.—
(1) STUDY.—The Comptroller General shall conduct a study
on the implementation of the expedited removal procedures
under section 235(b)(1) of the Immigration and Nationality Act,
as amended by subsection (a). The study shall examine—
(A) the effectiveness of such procedures in deterring illegal entry,
(B) the detention and adjudication resources saved as
a result of the procedures,

39
(C) the administrative and other costs expended to
comply with the provision,
(D) the effectiveness of such procedures in processing
asylum claims by undocumented aliens who assert a fear
of persecution, including the accuracy of credible fear determinations, and
(E) the cooperation of other countries and air carriers
in accepting and returning aliens removed under such procedures.
(2) REPORT.—By not later than 18 months after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committees on the Judiciary of the House of Representatives and the Senate a report on the study conducted under
paragraph (1).
SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SECTION 236).

(a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is amended to
read as follows:
‘‘APPREHENSION

AND DETENTION OF ALIENS

‘‘SEC. 236. (a) ARREST, DETENTION, AND RELEASE.—On a warrant issued by the Attorney General, an alien may be arrested and
detained pending a decision on whether the alien is to be removed
from the United States. Except as provided in subsection (c) and
pending such decision, the Attorney General—
‘‘(1) may continue to detain the arrested alien; and
‘‘(2) may release the alien on—
‘‘(A) bond of at least $1,500 with security approved by,
and containing conditions prescribed by, the Attorney General; or
‘‘(B) conditional parole; but
‘‘(3) may not provide the alien with work authorization (including an ‘employment authorized’ endorsement or other appropriate work permit), unless the alien is lawfully admitted for
permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.
‘‘(b) REVOCATION OF BOND OR PAROLE.—The Attorney General
at any time may revoke a bond or parole authorized under subsection (a), rearrest the alien under the original warrant, and detain
the alien.
‘‘(c) DETENTION OF CRIMINAL ALIENS.—
‘‘(1) CUSTODY.—The Attorney General shall take into custody any alien who—
‘‘(A) is inadmissible by reason of having committed any
offense covered in section 212(a)(2),
‘‘(B) is deportable by reason of having committed any
offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B), (C),
or (D),
‘‘(C) is deportable under section 237(a)(2)(A)(i) on the
basis of an offense for which the alien has been sentence to
a term of imprisonment of at least 1 year, or
‘‘(D) is inadmissible under section 212(a)(3)(B) or deportable under section 237(a)(4)(B),

40
when the alien is released, without regard to whether the alien
is released on parole, supervised release, or probation, and
without regard to whether the alien may be arrested or imprisoned again for the same offense.
‘‘(2) RELEASE.—The Attorney General may release an alien
described in paragraph (1) only if the Attorney General decides
pursuant to section 3521 of title 18, United States Code, that
release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with
an investigation into major criminal activity, or an immediate
family member or close associate of a witness, potential witness,
or person cooperating with such an investigation, and the alien
satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to
appear for any scheduled proceeding. A decision relating to
such release shall take place in accordance with a procedure
that considers the severity of the offense committed by the alien.
‘‘(d) IDENTIFICATION OF CRIMINAL ALIENS.—(1) The Attorney
General shall devise and implement a system—
‘‘(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of
the Service to determine whether individuals arrested by such
authorities for aggravated felonies are aliens;
‘‘(B) to designate and train officers and employees of the
Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to
the arrest, conviction, and release of any alien charged with an
aggravated felony; and
‘‘(C) which uses computer resources to maintain a current
record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed.
‘‘(2) The record under paragraph (1)(C) shall be made available—
‘‘(A) to inspectors at ports of entry and to border patrol
agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and
is seeking to reenter the United States, and
‘‘(B) to officials of the Department of State for use in its
automated visa lookout system.
‘‘(3) Upon the request of the governor or chief executive officer
of any State, the Service shall provide assistance to State courts in
the identification of aliens unlawfully present in the United States
pending criminal prosecution.
‘‘(e) JUDICIAL REVIEW.—The Attorney General’s discretionary
judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the
Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall become effective on the title III–A effective date.
(2) NOTIFICATION REGARDING CUSTODY.—If the Attorney
General, not later than 10 days after the date of the enactment

41
of this Act, notifies in writing the Committees on the Judiciary
of the House of Representatives and the Senate that there is insufficient detention space and Immigration and Naturalization
Service personnel available to carry out section 236(c) of the Immigration and Nationality Act, as amended by subsection (a),
or the amendments made by section 440(c) of Public Law 104–
132, the provisions in paragraph (3) shall be in effect for a 1year period beginning on the date of such notification, instead
of such section or such amendments. The Attorney General may
extend such 1-year period for an additional year if the Attorney
General provides the same notice not later than 10 days before
the end of the first 1-year period. After the end of such 1-year
or 2-year periods, the provisions of such section 236(c) shall
apply to individuals released after such periods.
(3) TRANSITION PERIOD CUSTODY RULES.—
(A) IN GENERAL.—During the period in which this
paragraph is in effect pursuant to paragraph (2), the Attorney General shall take into custody any alien who—
(i) has been convicted of an aggravated felony (as
defined under section 101(a)(43) of the Immigration
and Nationality Act, as amended by section 321 of this
Act),
(ii) is inadmissible by reason of having committed
any offense covered in section 212(a)(2) of such Act,
(iii) is deportable by reason of having committed
any offense covered in section 241(a)(2)(A)(ii), (A)(iii),
(B), (C), or (D) of such Act (before redesignation under
this subtitle), or
(iv) is inadmissible under section 212(a)(3)(B) of
such Act or deportable under section 241(a)(4)(B) of
such Act (before redesignation under this subtitle),
when the alien is released, without regard to whether the
alien is released on parole, supervised release, or probation,
and without regard to whether the alien may be arrested or
imprisoned again for the same offense.
(B) RELEASE.—The Attorney General may release the
alien only if the alien is an alien described in subparagraph (A)(ii) or (A)(iii) and—
(i) the alien was lawfully admitted to the United
States and satisfies the Attorney General that the alien
will not pose a danger to the safety of other persons or
of property and is likely to appear for any scheduled
proceeding, or
(ii) the alien was not lawfully admitted to the
United States, cannot be removed because the designated country of removal will not accept the alien,
and satisfies the Attorney General that the alien will
not pose a danger to the safety of other persons or of
property and is likely to appear for any scheduled proceeding.
SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND
ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW SECTIONS 239 TO 240C).

(a) IN GENERAL.—Chapter 4 of title II is amended—

42
(1) by redesignating section 239 (8 U.S.C. 1229) as section
234 and by moving such section to immediately follow section
233;
(2) by redesignating section 240 (8 U.S.C. 1230) as section
240C; and
(3) by inserting after section 238 the following new sections:
‘‘INITIATION

OF REMOVAL PROCEEDINGS

‘‘SEC. 239. (a) NOTICE TO APPEAR.—
‘‘(1) IN GENERAL.—In removal proceedings under section
240, written notice (in this section referred to as a ‘notice to appear’) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to
the alien’s counsel of record, if any) specifying the following:
‘‘(A) The nature of the proceedings against the alien.
‘‘(B) The legal authority under which the proceedings
are conducted.
‘‘(C) The acts or conduct alleged to be in violation of
law.
‘‘(D) The charges against the alien and the statutory
provisions alleged to have been violated.
‘‘(E) The alien may be represented by counsel and the
alien will be provided (i) a period of time to secure counsel
under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2).
‘‘(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General
with a written record of an address and telephone number
(if any) at which the alien may be contacted respecting proceedings under section 240.
‘‘(ii) The requirement that the alien must provide the
Attorney General immediately with a written record of any
change of the alien’s address or telephone number.
‘‘(iii) The consequences under section 240(b)(5) of failure to provide address and telephone information pursuant
to this subparagraph.
‘‘(G)(i) The time and place at which the proceedings
will be held.
‘‘(ii) The consequences under section 240(b)(5) of the
failure, except under exceptional circumstances, to appear
at such proceedings.
‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF PROCEEDINGS.—
‘‘(A) IN GENERAL.—In removal proceedings under section 240, in the case of any change or postponement in the
time and place of such proceedings, subject to subparagraph (B) a written notice shall be given in person to the
alien (or, if personal service is not practicable, through
service by mail to the alien or to the alien’s counsel of
record, if any) specifying—
‘‘(i) the new time or place of the proceedings, and
‘‘(ii) the consequences under section 240(b)(5) of
failing, except under exceptional circumstances, to attend such proceedings.

43
‘‘(B) EXCEPTION.—In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under paragraph (1)(F).
‘‘(3) CENTRAL ADDRESS FILES.—The Attorney General shall
create a system to record and preserve on a timely basis notices
of addresses and telephone numbers (and changes) provided
under paragraph (1)(F).
‘‘(b) SECURING OF COUNSEL.—
‘‘(1) IN GENERAL.—In order that an alien be permitted the
opportunity to secure counsel before the first hearing date in
proceedings under section 240, the hearing date shall not be
scheduled earlier than 10 days after the service of the notice to
appear, unless the alien requests in writing an earlier hearing
date.
‘‘(2) CURRENT LISTS OF COUNSEL.—The Attorney General
shall provide for lists (updated not less often than quarterly) of
persons who have indicated their availability to represent pro
bono aliens in proceedings under section 240. Such lists shall
be provided under subsection (a)(1)(E) and otherwise made generally available.
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to prevent the Attorney General from proceeding against an alien pursuant to section 240 if the time period
described in paragraph (1) has elapsed and the alien has failed
to secure counsel.
‘‘(c) SERVICE BY MAIL.—Service by mail under this section shall
be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F).
‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the case of an
alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as
expeditiously as possible after the date of the conviction.
‘‘(2) Nothing in this subsection shall be construed to create any
substantive or procedural right or benefit that is legally enforceable
by any party against the United States or its agencies or officers or
any other person.
‘‘REMOVAL

PROCEEDINGS

‘‘SEC. 240. (a) PROCEEDING.—
‘‘(1) IN GENERAL.—An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an
alien.
‘‘(2) CHARGES.—An alien placed in proceedings under this
section may be charged with any applicable ground of inadmissibility under section 212(a) or any applicable ground of deportability under section 237(a).
‘‘(3) EXCLUSIVE PROCEDURES.—Unless otherwise specified
in this Act, a proceeding under this section shall be the sole and
exclusive procedure for determining whether an alien may be
admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section
shall affect proceedings conducted pursuant to section 238.
‘‘(b) CONDUCT OF PROCEEDING.—

44
‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.—The immigration
judge shall administer oaths, receive evidence, and interrogate,
examine, and cross-examine the alien and any witnesses. The
immigration judge may issue subpoenas for the attendance of
witnesses and presentation of evidence. The immigration judge
shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or
inaction) in contempt of the judge’s proper exercise of authority
under this Act.
‘‘(2) FORM OF PROCEEDING.—
‘‘(A) IN GENERAL.—The proceeding may take place—
‘‘(i) in person,
‘‘(ii) where agreed to by the parties, in the absence
of the alien,
‘‘(iii) through video conference, or
‘‘(iv) subject to subparagraph (B), through telephone conference.
‘‘(B) CONSENT REQUIRED IN CERTAIN CASES.—An evidentiary hearing on the merits may only be conducted
through a telephone conference with the consent of the alien
involved after the alien has been advised of the right to proceed in person or through video conference.
‘‘(3) PRESENCE OF ALIEN.—If it is impracticable by reason
of an alien’s mental incompetency for the alien to be present at
the proceeding, the Attorney General shall prescribe safeguards
to protect the rights and privileges of the alien.
‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In proceedings under
this section, under regulations of the Attorney General—
‘‘(A) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the
alien’s choosing who is authorized to practice in such proceedings,
‘‘(B) the alien shall have a reasonable opportunity to
examine the evidence against the alien, to present evidence
on the alien’s own behalf, and to cross-examine witnesses
presented by the Government but these rights shall not entitle the alien to examine such national security information
as the Government may proffer in opposition to the alien’s
admission to the United States or to an application by the
alien for discretionary relief under this Act, and
‘‘(C) a complete record shall be kept of all testimony
and evidence produced at the proceeding.
‘‘(5) CONSEQUENCES OF FAILURE TO APPEAR.—
‘‘(A) IN GENERAL.—Any alien who, after written notice
required under paragraph (1) or (2) of section 239(a) has
been provided to the alien or the alien’s counsel of record,
does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by
clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable
(as defined in subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient for purposes
of this subparagraph if provided at the most recent address
provided under section 239(a)(1)(F).

45
‘‘(B) NO NOTICE IF FAILURE TO PROVIDE ADDRESS INFORMATION.—No written notice shall be required under
subparagraph (A) if the alien has failed to provide the address required under section 239(a)(1)(F).
‘‘(C) RESCISSION OF ORDER.—Such an order may be rescinded only—
‘‘(i) upon a motion to reopen filed within 180 days
after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection
(e)(1)), or
‘‘(ii) upon a motion to reopen filed at any time if
the alien demonstrates that the alien did not receive
notice in accordance with paragraph (1) or (2) of section 239(a) or the alien demonstrates that the alien
was in Federal or State custody and the failure to appear was through no fault of the alien.
The filing of the motion to reopen described in clause (i) or
(ii) shall stay the removal of the alien pending disposition
of the motion by the immigration judge.
‘‘(D) EFFECT ON JUDICIAL REVIEW.—Any petition for review under section 242 of an order entered in absentia
under this paragraph shall (except in cases described in
section 242(b)(5)) be confined to (i) the validity of the notice
provided to the alien, (ii) the reasons for the alien’s not attending the proceeding, and (iii) whether or not the alien
is removable.
‘‘(E) ADDITIONAL APPLICATION TO CERTAIN ALIENS IN
CONTIGUOUS TERRITORY.—The preceding provisions of this
paragraph shall apply to all aliens placed in proceedings
under this section, including any alien who remains in a
contiguous
foreign
territory
pursuant
to
section
235(b)(2)(C).
‘‘(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—The Attorney
General shall, by regulation—
‘‘(A) define in a proceeding before an immigration
judge or before an appellate administrative body under this
title, frivolous behavior for which attorneys may be sanctioned,
‘‘(B) specify the circumstances under which an administrative appeal of a decision or ruling will be considered
frivolous and will be summarily dismissed, and
‘‘(C) impose appropriate sanctions (which may include
suspension and disbarment) in the case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting the
authority of the Attorney General to take actions with respect to
inappropriate behavior.
‘‘(7) LIMITATION ON DISCRETIONARY RELIEF FOR FAILURE TO
APPEAR.—Any alien against whom a final order of removal is
entered in absentia under this subsection and who, at the time
of the notice described in paragraph (1) or (2) of section 239(a),
was provided oral notice, either in the alien’s native language
or in another language the alien understands, of the time and

46
place of the proceedings and of the consequences under this
paragraph of failing, other than because of exceptional circumstances (as defined in subsection (e)(1)) to attend a proceeding under this section, shall not be eligible for relief under section 240A, 240B, 245, 248, or 249 for a period of 10 years after
the date of the entry of the final order of removal.
‘‘(c) DECISION AND BURDEN OF PROOF.—
‘‘(1) DECISION.—
‘‘(A) IN GENERAL.—At the conclusion of the proceeding
the immigration judge shall decide whether an alien is removable from the United States. The determination of the
immigration judge shall be based only on the evidence produced at the hearing.
‘‘(B) CERTAIN MEDICAL DECISIONS.—If a medical officer
or civil surgeon or board of medical officers has certified
under section 232(b) that an alien has a disease, illness, or
addiction which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of the immigration judge shall be based solely upon such certification.
‘‘(2) BURDEN ON ALIEN.—In the proceeding the alien has the
burden of establishing—
‘‘(A) if the alien is an applicant for admission, that the
alien is clearly and beyond doubt entitled to be admitted
and is not inadmissible under section 212; or
‘‘(B) by clear and convincing evidence, that the alien is
lawfully present in the United States pursuant to a prior
admission.
In meeting the burden of proof under subparagraph (B), the
alien shall have access to the alien’s visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to
the alien’s admission or presence in the United States.
‘‘(3) BURDEN ON SERVICE IN CASES OF DEPORTABLE
ALIENS.—
‘‘(A) IN GENERAL.—In the proceeding the Service has
the burden of establishing by clear and convincing evidence
that, in the case of an alien who has been admitted to the
United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.
‘‘(B) PROOF OF CONVICTIONS.—In any proceeding under
this Act, any of the following documents or records (or a
certified copy of such an official document or record) shall
constitute proof of a criminal conviction:
‘‘(i) An official record of judgment and conviction.
‘‘(ii) An official record of plea, verdict, and sentence.
‘‘(iii) A docket entry from court records that indicates the existence of the conviction.
‘‘(iv) Official minutes of a court proceeding or a
transcript of a court hearing in which the court takes
notice of the existence of the conviction.
‘‘(v) An abstract of a record of conviction prepared
by the court in which the conviction was entered, or by

47
a State official associated with the State’s repository of
criminal justice records, that indicates the charge or
section of law violated, the disposition of the case, the
existence and date of conviction, and the sentence.
‘‘(vi) Any document or record prepared by, or under
the direction of, the court in which the conviction was
entered that indicates the existence of a conviction.
‘‘(vii) Any document or record attesting to the conviction that is maintained by an official of a State or
Federal penal institution, which is the basis for that
institution’s authority to assume custody of the individual named in the record.
‘‘(C) ELECTRONIC RECORDS.—In any proceeding under
this Act, any record of conviction or abstract that has been
submitted by electronic means to the Service from a State
or court shall be admissible as evidence to prove a criminal
conviction if it is—
‘‘(i) certified by a State official associated with the
State’s repository of criminal justice records as an official record from its repository or by a court official
from the court in which the conviction was entered as
an official record from its repository, and
‘‘(ii) certified in writing by a Service official as
having been received electronically from the State’s
record repository or the court’s record repository.
A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity.
‘‘(4) NOTICE.—If the immigration judge decides that the
alien is removable and orders the alien to be removed, the judge
shall inform the alien of the right to appeal that decision and
of the consequences for failure to depart under the order of removal, including civil and criminal penalties.
‘‘(5) MOTIONS TO RECONSIDER.—
‘‘(A) IN GENERAL.—The alien may file one motion to reconsider a decision that the alien is removable from the
United States.
‘‘(B) DEADLINE.—The motion must be filed within 30
days of the date of entry of a final administrative order of
removal.
‘‘(C) CONTENTS.—The motion shall specify the errors of
law or fact in the previous order and shall be supported by
pertinent authority.
‘‘(6) MOTIONS TO REOPEN.—
‘‘(A) IN GENERAL.—An alien may file one motion to reopen proceedings under this section.
‘‘(B) CONTENTS.—The motion to reopen shall state the
new facts that will be proven at a hearing to be held if the
motion is granted, and shall be supported by affidavits or
other evidentiary material.
‘‘(C) DEADLINE.—
‘‘(i) IN GENERAL.—Except as provided in this subparagraph, the motion to reopen shall be filed within
90 days of the date of entry of a final administrative
order of removal.

48
‘‘(ii) ASYLUM.—There is no time limit on the filing
of a motion to reopen if the basis of the motion is to
apply for relief under sections 208 or 241(b)(3) and is
based on changed country conditions arising in the
country of nationality or the country to which removal
has been ordered, if such evidence is material and was
not available and would not have been discovered or
presented at the previous proceeding.
‘‘(iii) FAILURE TO APPEAR.—The filing of a motion
to reopen an order entered pursuant to subsection (b)(5)
is subject to the deadline specified in subparagraph (C)
of such subsection.
‘‘(d) STIPULATED REMOVAL.—The Attorney General shall provide by regulation for the entry by an immigration judge of an order
of removal stipulated to by the alien (or the alien’s representative)
and the Service. A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States.
‘‘(e) DEFINITIONS.—In this section and section 240A:
‘‘(1) EXCEPTIONAL CIRCUMSTANCES.—The term ‘exceptional
circumstances’ refers to exceptional circumstances (such as serious illness of the alien or serious illness or death of the spouse,
child, or parent of the alien, but not including less compelling
circumstances) beyond the control of the alien.
‘‘(2) REMOVABLE.—The term ‘removable’ means—
‘‘(A) in the case of an alien not admitted to the United
States, that the alien is inadmissible under section 212, or
‘‘(B) in the case of an alien admitted to the United
States, that the alien is deportable under section 237.
‘‘CANCELLATION

OF REMOVAL; ADJUSTMENT OF STATUS

‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS.—The Attorney General may cancel removal in
the case of an alien who is inadmissible or deportable from the
United States if the alien—
‘‘(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
‘‘(2) has resided in the United States continuously for 7
years after having been admitted in any status, and
‘‘(3) has not been convicted of any aggravated felony.
‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS
FOR CERTAIN NONPERMANENT RESIDENTS.—
‘‘(1) IN GENERAL.—The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable
from the United States if the alien—
‘‘(A) has been physically present in the United States
for a continuous period of not less than 10 years immediately preceding the date of such application;
‘‘(B) has been a person of good moral character during
such period;
‘‘(C) has not been convicted of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3); and
‘‘(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s
spouse, parent, or child, who is a citizen of the United

49
States or an alien lawfully admitted for permanent residence.
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.—The
Attorney General may cancel removal in the case of an alien
who is inadmissible or deportable from the United States if the
alien demonstrates that—
‘‘(A) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or parent who is
a United States citizen or lawful permanent resident (or is
the parent of a child of a United States citizen or lawful
permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent);
‘‘(B) the alien has been physically present in the United
States for a continuous period of not less than 3 years immediately preceding the date of such application;
‘‘(C) the alien has been a person of good moral character during such period;
‘‘(D) the alien is not inadmissible under paragraph (2)
or (3) of section 212(a), is not deportable under paragraph
(1)(G) or (2) through (4) of section 237(a), and has not been
convicted of an aggravated felony; and
‘‘(E) the removal would result in extreme hardship to
the alien, the alien’s child, or (in the case of an alien who
is a child) to the alien’s parent.
In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole discretion of the Attorney General.
‘‘(3) ADJUSTMENT OF STATUS.—The Attorney General may
adjust to the status of an alien lawfully admitted for permanent
residence any alien who the Attorney General determines meets
the requirements of paragraph (1) or (2). The number of adjustments under this paragraph shall not exceed 4,000 for any fiscal year. The Attorney General shall record the alien’s lawful
admission for permanent residence as of the date the Attorney
General’s cancellation of removal under paragraph (1) or (2) or
determination under this paragraph.
‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provisions of subsections (a) and (b)(1) shall not apply to any of the following aliens:
‘‘(1) An alien who entered the United States as a crewman
subsequent to June 30, 1964.
‘‘(2) An alien who was admitted to the United States as a
nonimmigrant exchange alien as defined in section
101(a)(15)(J), or has acquired the status of such a nonimmigrant exchange alien after admission, in order to receive
graduate medical education or training, regardless of whether
or not the alien is subject to or has fulfilled the two-year foreign
residence requirement of section 212(e).
‘‘(3) An alien who—
‘‘(A) was admitted to the United States as a nonimmigrant exchange alien as defined in section
101(a)(15)(J) or has acquired the status of such a non-

50
immigrant exchange alien after admission other than to receive graduate medical education or training,
‘‘(B) is subject to the two-year foreign residence requirement of section 212(e), and
‘‘(C) has not fulfilled that requirement or received a
waiver thereof.
‘‘(4) An alien who is inadmissible under section 212(a)(3) or
deportable under section 237(a)(4).
‘‘(5) An alien who is described in section 241(b)(3)(B)(i).
‘‘(6) An alien whose removal has previously been cancelled
under this section or whose deportation was suspended under
section 244(a) or who has been granted relief under section
212(c), as such sections were in effect before the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
‘‘(d) SPECIAL RULES RELATING TO CONTINUOUS RESIDENCE OR
PHYSICAL PRESENCE.—
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—For purposes
of this section, any period of continuous residence or continuous
physical presence in the United States shall be deemed to end
when the alien is served a notice to appear under section 239(a)
or when the alien has committed an offense referred to in section 212(a)(2) that renders the alien inadmissible to the United
States under section 212(a)(2) or removable from the United
States under section 237(a)(2) or 237(a)(4), whichever is earliest.
‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.—An
alien shall be considered to have failed to maintain continuous
physical presence in the United States under subsections (b)(1)
and (b)(2) if the alien has departed from the United States for
any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.
‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF HONORABLE
SERVICE IN ARMED FORCES AND PRESENCE UPON ENTRY INTO
SERVICE.—The requirements of continuous residence or 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) ANNUAL LIMITATION.—The Attorney General may not cancel
the removal and adjust the status under this section, nor suspend
the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), of a total of more than 4,000
aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment
and whether such an alien had previously applied for suspension of
deportation under such section 244(a).

51
‘‘VOLUNTARY

DEPARTURE

‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—
‘‘(1) IN GENERAL.—The Attorney General may permit an
alien voluntarily to depart the United States at the alien’s own
expense under this subsection, in lieu of being subject to proceedings under section 240 or prior to the completion of such
proceedings, if the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4)(B).
‘‘(2) PERIOD.—Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 120 days.
‘‘(3) BOND.—The Attorney General may require an alien
permitted to depart voluntarily under this subsection to post a
voluntary departure bond, to be surrendered upon proof that
the alien has departed the United States within the time specified.
‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE UNITED
STATES.—In the case of an alien who is arriving in the United
States and with respect to whom proceedings under section 240
are (or would otherwise be) initiated at the time of such alien’s
arrival, paragraph (1) shall not apply. Nothing in this paragraph shall be construed as preventing such an alien from
withdrawing the application for admission in accordance with
section 235(a)(4).
‘‘(b) AT CONCLUSION OF PROCEEDINGS.—
‘‘(1) IN GENERAL.—The Attorney General may permit an
alien voluntarily to depart the United States at the alien’s own
expense if, at the conclusion of a proceeding under section 240,
the immigration judge enters an order granting voluntary departure in lieu of removal and finds that—
‘‘(A) the alien has been physically present in the United
States for a period of at least one year immediately preceding the date the notice to appear was served under section
239(a);
‘‘(B) the alien is, and has been, a person of good moral
character for at least 5 years immediately preceding the
alien’s application for voluntary departure;
‘‘(C) the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4); and
‘‘(D) the alien has established by clear and convincing
evidence that the alien has the means to depart the United
States and intends to do so.
‘‘(2) PERIOD.—Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 60 days.
‘‘(3) BOND.—An alien permitted to depart voluntarily under
this subsection shall be required to post a voluntary departure
bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed
the United States within the time specified.
‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General shall not permit an alien to depart voluntarily under this section if the alien was
previously permitted to so depart after having been found inadmissible under section 212(a)(6)(A).

52
‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—If an alien is
permitted to depart voluntarily under this section and fails voluntarily to depart the United States within the time period specified,
the alien shall be subject to a civil penalty of not less than $1,000
and not more than $5,000, and be ineligible for a period of 10 years
for any further relief under this section and sections 240A, 245, 248,
and 249. The order permitting the alien to depart voluntarily shall
inform the alien of the penalties under this subsection.
‘‘(e) ADDITIONAL CONDITIONS.—The Attorney General may by
regulation limit eligibility for voluntary departure under this section for any class or classes of aliens. No court may review any regulation issued under this subsection.
‘‘(f) JUDICIAL REVIEW.—No court shall have jurisdiction over an
appeal from denial of a request for an order of voluntary departure
under subsection (b), nor shall any court order a stay of an alien’s
removal pending consideration of any claim with respect to voluntary departure.’’.
(b) REPEAL OF SECTION 212(c).—Section 212(c) (8 U.S.C.
1182(c)) is repealed.
(c) STREAMLINING REMOVAL OF CRIMINAL ALIENS.—
(1) IN GENERAL.—Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)),
as amended by section 442(a) of Public Law 104–132 and before
redesignation by section 308(b)(5), is amended—
(A) by striking subparagraph (D);
(B) by amending subparagraph (E) to read as follows:
‘‘(D) a determination is made for the record that the individual upon whom the notice for the proceeding under
this section is served (either in person or by mail) is, in
fact, the alien named in such notice;’’; and
(C) by redesignating subparagraphs (F) and (G) as
subparagraph (E) and (F), respectively.
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall be effective as if included in the enactment of
section 442(a) of Public Law 104–132.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED
(NEW SECTION 241).

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

AND REMOVAL OF ALIENS ORDERED REMOVED

‘‘SEC. 241. (a) DETENTION, RELEASE, AND REMOVAL OF ALIENS
ORDERED REMOVED.—
‘‘(1) REMOVAL PERIOD.—
‘‘(A) IN GENERAL.—Except as otherwise provided in this
section, when an alien is ordered removed, the Attorney
General shall remove the alien from the United States
within a period of 90 days (in this section referred to as the
‘removal period’).

53
‘‘(B) BEGINNING OF PERIOD.—The removal period begins on the latest of the following:
‘‘(i) The date the order of removal becomes administratively final.
‘‘(ii) If the removal order is judicially reviewed and
if a court orders a stay of the removal of the alien, the
date of the court’s final order.
‘‘(iii) If the alien is detained or confined (except
under an immigration process), the date the alien is released from detention or confinement.
‘‘(C) SUSPENSION OF PERIOD.—The removal period
shall be extended beyond a period of 90 days and the alien
may remain in detention during such extended period if the
alien fails or refuses to make timely application in good
faith for travel or other documents necessary to the alien’s
departure or conspires or acts to prevent the alien’s removal
subject to an order of removal.
‘‘(2) DETENTION.—During the removal period, the Attorney
General shall detain the alien. Under no circumstance during
the removal period shall the Attorney General release an alien
who has been found inadmissible under section 212(a)(2) or
212(a)(3)(B) or deportable under section 237(a)(2) or
237(a)(4)(B).
‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If the alien does
not leave or is not removed within the removal period, the alien,
pending removal, shall be subject to supervision under regulations prescribed by the Attorney General. The regulations shall
include provisions requiring the alien—
‘‘(A) to appear before an immigration officer periodically for identification;
‘‘(B) to submit, if necessary, to a medical and psychiatric examination at the expense of the United States
Government;
‘‘(C) to give information under oath about the alien’s
nationality, circumstances, habits, associations, and activities, and other information the Attorney General considers
appropriate; and
‘‘(D) to obey reasonable written restrictions on the
alien’s conduct or activities that the Attorney General prescribes for the alien.
‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON PAROLE, SUPERVISED RELEASE, OR PROBATION.—
‘‘(A) IN GENERAL.—Except as provided in section 343(a)
of the Public Health Service Act (42 U.S.C. 259(a)) and
paragraph (2), the Attorney General may not remove an
alien who is sentenced to imprisonment until the alien is
released from imprisonment. Parole, supervised release,
probation, or possibility of arrest or further imprisonment
is not a reason to defer removal.
‘‘(B) EXCEPTION FOR REMOVAL OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT.—The Attorney General is authorized to remove an
alien in accordance with applicable procedures under this

54
Act before the alien has completed a sentence of imprisonment—
‘‘(i) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that
(I) the alien is confined pursuant to a final conviction
for a nonviolent offense (other than an offense related
to smuggling or harboring of aliens or an offense described in section 101(a)(43)(B), (C), (E), (I), or (L) and
(II) the removal of the alien is appropriate and in the
best interest of the United States; or
‘‘(ii) in the case of an alien in the custody of a
State (or a political subdivision of a State), if the chief
State official exercising authority with respect to the incarceration of the alien determines that (I) the alien is
confined pursuant to a final conviction for a nonviolent
offense (other than an offense described in section
101(a)(43)(C) or (E)), (II) the removal is appropriate
and in the best interest of the State, and (III) submits
a written request to the Attorney General that such
alien be so removed.
‘‘(C) NOTICE.—Any alien removed pursuant to this
paragraph shall be notified of the penalties under the laws
of the United States relating to the reentry of deported
aliens, particularly the expanded penalties for aliens removed under subparagraph (B).
‘‘(D) NO PRIVATE RIGHT.—No cause or claim may be asserted under this paragraph against any official of the
United States or of any State to compel the release, removal, or consideration for release or removal of any alien.
‘‘(5) REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS
ILLEGALLY REENTERING.—If the Attorney General finds that an
alien has reentered the United States illegally after having been
removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original
date and is not subject to being reopened or reviewed, the alien
is not eligible and may not apply for any relief under this Act,
and the alien shall be removed under the prior order at any
time after the reentry.
‘‘(6) INADMISSIBLE OR CRIMINAL ALIENS.—An alien ordered
removed who is inadmissible under section 212, removable
under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has
been determined by the Attorney General to be a risk to the
community or unlikely to comply with the order of removal,
may be detained beyond the removal period and, if released,
shall be subject to the terms of supervision in paragraph (3).
‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien ordered removed shall be eligible to receive authorization to be employed
in the United States unless the Attorney General makes a specific finding that—
‘‘(A) the alien cannot be removed due to the refusal of
all countries designated by the alien or under this section
to receive the alien, or
‘‘(B) the removal of the alien is otherwise impracticable
or contrary to the public interest.

55
‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE REMOVED.—
‘‘(1) ALIENS ARRIVING AT THE UNITED STATES.—Subject to
paragraph (3)—
‘‘(A) IN GENERAL.—Except as provided by subparagraphs (B) and (C), an alien who arrives at the United
States and with respect to whom proceedings under section
240 were initiated at the time of such alien’s arrival shall
be removed to the country in which the alien boarded the
vessel or aircraft on which the alien arrived in the United
States.
‘‘(B) TRAVEL FROM CONTIGUOUS TERRITORY.—If the
alien boarded the vessel or aircraft on which the alien arrived in the United States in a foreign territory contiguous
to the United States, an island adjacent to the United
States, or an island adjacent to a foreign territory contiguous to the United States, and the alien is not a native, citizen, subject, or national of, or does not reside in, the territory or island, removal shall be to the country in which the
alien boarded the vessel that transported the alien to the
territory or island.
‘‘(C) ALTERNATIVE COUNTRIES.—If the government of
the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that country’s territory, removal shall be to any of the following countries, as directed
by the Attorney General:
‘‘(i) The country of which the alien is a citizen, subject, or national.
‘‘(ii) The country in which the alien was born.
‘‘(iii) The country in which the alien has a residence.
‘‘(iv) A country with a government that will accept
the alien into the country’s territory if removal to each
country described in a previous clause of this subparagraph is impracticable, inadvisable, or impossible.
‘‘(2) OTHER ALIENS.—Subject to paragraph (3)—
‘‘(A) SELECTION OF COUNTRY BY ALIEN.—Except as otherwise provided in this paragraph—
‘‘(i) any alien not described in paragraph (1) who
has been ordered removed may designate one country
to which the alien wants to be removed, and
‘‘(ii) the Attorney General shall remove the alien to
the country the alien so designates.
‘‘(B) LIMITATION ON DESIGNATION.—An alien may designate under subparagraph (A)(i) a foreign territory contiguous to the United States, an adjacent island, or an island
adjacent to a foreign territory contiguous to the United
States as the place to which the alien is to be removed only
if the alien is a native, citizen, subject, or national of, or
has resided in, that designated territory or island.
‘‘(C) DISREGARDING DESIGNATION.—The Attorney General may disregard a designation under subparagraph
(A)(i) if—
‘‘(i) the alien fails to designate a country promptly;

56
‘‘(ii) the government of the country does not inform
the Attorney General finally, within 30 days after the
date the Attorney General first inquires, whether the
government will accept the alien into the country;
‘‘(iii) the government of the country is not willing
to accept the alien into the country; or
‘‘(iv) the Attorney General decides that removing
the alien to the country is prejudicial to the United
States.
‘‘(D) ALTERNATIVE COUNTRY.—If an alien is not removed to a country designated under subparagraph (A)(i),
the Attorney General shall remove the alien to a country of
which the alien is a subject, national, or citizen unless the
government of the country—
‘‘(i) does not inform the Attorney General or the
alien finally, within 30 days after the date the Attorney
General first inquires or within another period of time
the Attorney General decides is reasonable, whether the
government will accept the alien into the country; or
‘‘(ii) is not willing to accept the alien into the country.
‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—If an alien is
not removed to a country under the previous subparagraphs
of this paragraph, the Attorney General shall remove the
alien to any of the following countries:
‘‘(i) The country from which the alien was admitted to the United States.
‘‘(ii) The country in which is located the foreign
port from which the alien left for the United States or
for a foreign territory contiguous to the United States.
‘‘(iii) A country in which the alien resided before
the alien entered the country from which the alien entered the United States.
‘‘(iv) The country in which the alien was born.
‘‘(v) The country that had sovereignty over the
alien’s birthplace when the alien was born.
‘‘(vi) The country in which the alien’s birthplace is
located when the alien is ordered removed.
‘‘(vii) If impracticable, inadvisable, or impossible
to remove the alien to each country described in a previous clause of this subparagraph, another country
whose government will accept the alien into that country.
‘‘(F) REMOVAL COUNTRY WHEN UNITED STATES IS AT
WAR.—When the United States is at war and the Attorney
General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney General may remove the alien—
‘‘(i) to the country that is host to a government in
exile of the country of which the alien is a citizen or
subject if the government of the host country will permit the alien’s entry; or

57
‘‘(ii) if the recognized government of the country of
which the alien is a citizen or subject is not in exile,
to a country, or a political or territorial subdivision of
a country, that is very near the country of which the
alien is a citizen or subject, or, with the consent of the
government of the country of which the alien is a citizen or subject, to another country.
‘‘(3) RESTRICTION ON REMOVAL TO A COUNTRY WHERE
ALIEN’S LIFE OR FREEDOM WOULD BE THREATENED.—
‘‘(A) IN GENERAL.—Notwithstanding paragraphs (1)
and (2), the Attorney General may not remove an alien to
a country if the Attorney General decides that the alien’s
life or freedom would be threatened in that country because
of the alien’s race, religion, nationality, membership in a
particular social group, or political opinion.
‘‘(B) EXCEPTION.—Subparagraph (A) does not apply to
an alien deportable under section 237(a)(4)(D) or if the Attorney General decides that—
‘‘(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of an individual
because of the individual’s race, religion, nationality,
membership in a particular social group, or political
opinion;
‘‘(ii) the alien, having been convicted by a final
judgment of a particularly serious crime is a danger to
the community of the United States;
‘‘(iii) there are serious reasons to believe that the
alien committed a serious nonpolitical crime outside
the United States before the alien arrived in the United
States; or
‘‘(iv) there are reasonable grounds to believe that
the alien is a danger to the security of the United
States.
For purposes of clause (ii), an alien who has been convicted
of an aggravated felony (or felonies) for which the alien has
been sentenced to an aggregate term of imprisonment of at
least 5 years shall be considered to have committed a particularly serious crime. The previous sentence shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been
convicted of a particularly serious crime. For purposes of
clause (iv), an alien who is described in section 237(a)(4)(B)
shall be considered to be an alien with respect to whom
there are reasonable grounds for regarding as a danger to
the security of the United States.
‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF ENTRY.—
‘‘(1) VESSELS AND AIRCRAFT.—An alien arriving at a port of
entry of the United States who is ordered removed either without a hearing under section 235(b)(1) or 235(c) or pursuant to
proceedings under section 240 initiated at the time of such
alien’s arrival shall be removed immediately on a vessel or aircraft owned by the owner of the vessel or aircraft on which the
alien arrived in the United States, unless—

58
‘‘(A) it is impracticable to remove the alien on one of
those vessels or aircraft within a reasonable time, or
‘‘(B) the alien is a stowaway—
‘‘(i) who has been ordered removed in accordance
with section 235(a)(1),
‘‘(ii) who has requested asylum, and
‘‘(iii) whose application has not been adjudicated
or whose asylum application has been denied but who
has not exhausted all appeal rights.
‘‘(2) STAY OF REMOVAL.—
‘‘(A) IN GENERAL.—The Attorney General may stay the
removal of an alien under this subsection if the Attorney
General decides that—
‘‘(i) immediate removal is not practicable or proper;
or
‘‘(ii) the alien is needed to testify in the prosecution
of a person for a violation of a law of the United States
or of any State.
‘‘(B) PAYMENT OF DETENTION COSTS.—During the period an alien is detained because of a stay of removal under
subparagraph (A)(ii), the Attorney General may pay from
the appropriation ‘Immigration and Naturalization Service—Salaries and Expenses’—
‘‘(i) the cost of maintenance of the alien; and
‘‘(ii) a witness fee of $1 a day.
‘‘(C) RELEASE DURING STAY.—The Attorney General
may release an alien whose removal is stayed under subparagraph (A)(ii) on—
‘‘(i) the alien’s filing a bond of at least $500 with
security approved by the Attorney General;
‘‘(ii) condition that the alien appear when required
as a witness and for removal; and
‘‘(iii) other conditions the Attorney General may
prescribe.
‘‘(3) COSTS OF DETENTION AND MAINTENANCE PENDING REMOVAL.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) and subsection (d), an owner of a vessel or aircraft
bringing an alien to the United States shall pay the costs
of detaining and maintaining the alien—
‘‘(i) while the alien is detained under subsection
(d)(1), and
‘‘(ii) in the case of an alien who is a stowaway,
while the alien is being detained pursuant to—
‘‘(I) subsection (d)(2)(A) or (d)(2)(B)(i),
‘‘(II) subsection (d)(2)(B) (ii) or (iii) for the period of time reasonably necessary for the owner to
arrange for repatriation or removal of the stowaway, including obtaining necessary travel documents, but not to extend beyond the date on which
it is ascertained that such travel documents cannot
be obtained from the country to which the stowaway is to be returned, or

59
‘‘(III) section 235(b)(1)(B)(ii), for a period not
to exceed 15 days (excluding Saturdays, Sundays,
and holidays) commencing on the first such day
which begins on the earlier of 72 hours after the
time of the initial presentation of the stowaway for
inspection or at the time the stowaway is determined to have a credible fear of persecution.
‘‘(B) NONAPPLICATION.—Subparagraph (A) shall not
apply if—
‘‘(i) the alien is a crewmember;
‘‘(ii) the alien has an immigrant visa;
‘‘(iii) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary admission to the United States and applies for
admission not later than 120 days after the date the
visa or documentation was issued;
‘‘(iv) the alien has a reentry permit and applies for
admission not later than 120 days after the date of the
alien’s last inspection and admission;
‘‘(v)(I) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary admission to the United States or a reentry permit;
‘‘(II) the alien applies for admission more than 120
days after the date the visa or documentation was issued or after the date of the last inspection and admission under the reentry permit; and
‘‘(III) the owner of the vessel or aircraft satisfies
the Attorney General that the existence of the condition
relating to inadmissibility could not have been discovered by exercising reasonable care before the alien
boarded the vessel or aircraft; or
‘‘(vi) the individual claims to be a national of the
United States and has a United States passport.
‘‘(d) REQUIREMENTS OF PERSONS PROVIDING TRANSPORTATION.—
‘‘(1) REMOVAL AT TIME OF ARRIVAL.—An owner, agent, master, commanding officer, person in charge, purser, or consignee
of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States shall—
‘‘(A) receive an alien back on the vessel or aircraft or
another vessel or aircraft owned or operated by the same
interests if the alien is ordered removed under this part;
and
‘‘(B) take the alien to the foreign country to which the
alien is ordered removed.
‘‘(2) ALIEN STOWAWAYS.—An owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft
arriving in the United States with an alien stowaway—
‘‘(A) shall detain the alien on board the vessel or aircraft, or at such place as the Attorney General shall designate, until completion of the inspection of the alien by an
immigration officer;

60
‘‘(B) may not permit the stowaway to land in the United States, except pursuant to regulations of the Attorney
General temporarily—
‘‘(i) for medical treatment,
‘‘(ii) for detention of the stowaway by the Attorney
General, or
‘‘(iii) for departure or removal of the stowaway;
and
‘‘(C) if ordered by an immigration officer, shall remove
the stowaway on the vessel or aircraft or on another vessel
or aircraft.
The Attorney General shall grant a timely request to remove the
stowaway under subparagraph (C) on a vessel or aircraft other
than that on which the stowaway arrived if the requester has
obtained any travel documents necessary for departure or repatriation of the stowaway and removal of the stowaway will not
be unreasonably delayed.
‘‘(3) REMOVAL UPON ORDER.—An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel, aircraft, or other transportation line shall comply with an
order of the Attorney General to take on board, guard safely,
and transport to the destination specified any alien ordered to
be removed under this Act.
‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—
‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIVAL.—In the case
of an alien who is a stowaway or who is ordered removed either
without a hearing under section 235(a)(1) or 235(c) or pursuant
to proceedings under section 240 initiated at the time of such
alien’s arrival, the owner of the vessel or aircraft (if any) on
which the alien arrived in the United States shall pay the
transportation cost of removing the alien. If removal is on a vessel or aircraft not owned by the owner of the vessel or aircraft
on which the alien arrived in the United States, the Attorney
General may—
‘‘(A) pay the cost from the appropriation ‘Immigration
and Naturalization Service—Salaries and Expenses’; and
‘‘(B) recover the amount of the cost in a civil action
from the owner, agent, or consignee of the vessel or aircraft
(if any) on which the alien arrived in the United States.
‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL FOR ALIENS
ADMITTED OR PERMITTED TO LAND.—In the case of an alien who
has been admitted or permitted to land and is ordered removed,
the cost (if any) of removal of the alien to the port of removal
shall be at the expense of the appropriation for the enforcement
of this Act.
‘‘(3) COSTS OF REMOVAL FROM PORT OF REMOVAL FOR
ALIENS ADMITTED OR PERMITTED TO LAND.—
‘‘(A) THROUGH APPROPRIATION.—Except as provided in
subparagraph (B), in the case of an alien who has been admitted or permitted to land and is ordered removed, the
cost (if any) of removal of the alien from the port of removal
shall be at the expense of the appropriation for the enforcement of this Act.
‘‘(B) THROUGH OWNER.—

61
‘‘(i) IN GENERAL.—In the case of an alien described
in clause (ii), the cost of removal of the alien from the
port of removal may be charged to any owner of the
vessel, aircraft, or other transportation line by which
the alien came to the United States.
‘‘(ii) ALIENS DESCRIBED.—An alien described in
this clause is an alien who—
‘‘(I) is admitted to the United States (other
than lawfully admitted for permanent residence)
and is ordered removed within 5 years of the date
of admission based on a ground that existed before
or at the time of admission, or
‘‘(II) is an alien crewman permitted to land
temporarily under section 252 and is ordered removed within 5 years of the date of landing.
‘‘(C) COSTS OF REMOVAL OF CERTAIN ALIENS GRANTED
VOLUNTARY DEPARTURE.—In the case of an alien who has
been granted voluntary departure under section 240B and
who is financially unable to depart at the alien’s own expense and whose removal the Attorney General deems to be
in the best interest of the United States, the expense of such
removal may be paid from the appropriation for the enforcement of this Act.
‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING REMOVAL.—
‘‘(1) IN GENERAL.—If the Attorney General believes that an
alien being removed requires personal care because of the
alien’s mental or physical condition, the Attorney General may
employ a suitable person for that purpose who shall accompany
and care for the alien until the alien arrives at the final destination.
‘‘(2) COSTS.—The costs of providing the service described in
paragraph (1) shall be defrayed in the same manner as the expense of removing the accompanied alien is defrayed under this
section.
‘‘(g) PLACES OF DETENTION.—
‘‘(1) IN GENERAL.—The Attorney General shall arrange for
appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or suitably
located for detention are unavailable for rental, the Attorney
General may expend from the appropriation ‘Immigration and
Naturalization Service—Salaries and Expenses’, without regard
to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts
necessary to acquire land and to acquire, build, remodel, repair,
and operate facilities (including living quarters for immigration
officers if not otherwise available) necessary for detention.
‘‘(2) DETENTION FACILITIES OF THE IMMIGRATION AND NATURALIZATION SERVICE.—Prior to initiating any project for the
construction of any new detention facility for the Service, the
Commissioner shall consider the availability for purchase or
lease of any existing prison, jail, detention center, or other comparable facility suitable for such use.
‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to create any substantive or procedural right or benefit

62
that is legally enforceable by any party against the United States or
its agencies or officers or any other person.’’.
(b) REENTRY OF ALIEN REMOVED PRIOR TO COMPLETION OF
TERM OF IMPRISONMENT.—Section 276(b) (8 U.S.C. 1326(b)), as
amended by section 321(b), is amended—
(1) by striking ‘‘or’’ at the end of paragraph (2),
(2) by adding ‘‘or’’ at the end of paragraph (3), and
(3) by inserting after paragraph (3) the following new paragraph:
‘‘(4) who was removed from the United States pursuant to
section 241(a)(4)(B) who thereafter, without the permission of
the Attorney General, enters, attempts to enter, or is at any time
found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under
title 18, United States Code, imprisoned for not more than 10
years, or both.
(c) MISCELLANEOUS CONFORMING AMENDMENT.—Section
212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by section 621(a), is
amended by striking ‘‘241(a)(5)(B)’’ each place it appears and inserting ‘‘237(a)(5)(B)’’.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

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

REVIEW OF ORDERS OF REMOVAL

‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial review of a
final order of removal (other than an order of removal without
a hearing pursuant to section 235(b)(1)) is governed only by
chapter 158 of title 28 of the United States Code, except as provided in subsection (b) and except that the court may not order
the taking of additional evidence under section 2347(c) of such
title.
‘‘(2) MATTERS NOT SUBJECT TO JUDICIAL REVIEW.—
‘‘(A) REVIEW RELATING TO SECTION 235(b)(1).—Notwithstanding any other provision of law, no court shall have jurisdiction to review—
‘‘(i) except as provided in subsection (e), any individual determination or to entertain any other cause or
claim arising from or relating to the implementation or
operation of an order of removal pursuant to section
235(b)(1),
‘‘(ii) except as provided in subsection (e), a decision
by the Attorney General to invoke the provisions of
such section,
‘‘(iii) the application of such section to individual
aliens, including the determination made under section
235(b)(1)(B), or

63
‘‘(iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to
implement the provisions of section 235(b)(1).
‘‘(B) DENIALS OF DISCRETIONARY RELIEF.—Notwithstanding any other provision of law, no court shall have jurisdiction to review—
‘‘(i) any judgment regarding the granting of relief
under section 212(h), 212(i), 240A, 240B, or 245, or
‘‘(ii) any other decision or action of the Attorney
General the authority for which is specified under this
title to be in the discretion of the Attorney General,
other than the granting of relief under section 208(a).
‘‘(C) ORDERS AGAINST CRIMINAL ALIENS.—Notwithstanding any other provision of law, no court shall have jurisdiction to review any final order of removal against an
alien who is removable by reason of having committed a
criminal offense covered in section 212(a)(2) or
237(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by
section 237(a)(2)(A)(ii) for which both predicate offenses
are, without regard to their date of commission, otherwise
covered by section 237(a)(2)(A)(i).
‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No alien shall
have a right to appeal from a decision of an immigration judge
which is based solely on a certification described in section
240(c)(1)(B).
‘‘(b) REQUIREMENTS FOR REVIEW OF ORDERS OF REMOVAL.—
With respect to review of an order of removal under subsection
(a)(1), the following requirements apply:
‘‘(1) DEADLINE.—The petition for review must be filed not
later than 30 days after the date of the final order of removal.
‘‘(2) VENUE AND FORMS.—The petition for review shall be
filed with the court of appeals for the judicial circuit in which
the immigration judge completed the proceedings. The record
and briefs do not have to be printed. The court of appeals shall
review the proceeding on a typewritten record and on typewritten briefs.
‘‘(3) SERVICE.—
‘‘(A) IN GENERAL.—The respondent is the Attorney General. The petition shall be served on the Attorney General
and on the officer or employee of the Service in charge of
the Service district in which the final order of removal
under section 240 was entered.
‘‘(B) STAY OF ORDER.—Service of the petition on the officer or employee does not stay the removal of an alien
pending the court’s decision on the petition, unless the court
orders otherwise.
‘‘(C) ALIEN’S BRIEF.—The alien shall serve and file a
brief in connection with a petition for judicial review not
later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief
not later than 14 days after service of the brief of the Attorney General, and the court may not extend these deadlines
except upon motion for good cause shown. If an alien fails
to file a brief within the time provided in this paragraph,

64
the court shall dismiss the appeal unless a manifest injustice would result.
‘‘(4) SCOPE AND STANDARD FOR REVIEW.—Except as provided in paragraph (5)(B)—
‘‘(A) the court of appeals shall decide the petition only
on the administrative record on which the order of removal
is based,
‘‘(B) the administrative findings of fact are conclusive
unless any reasonable adjudicator would be compelled to
conclude to the contrary,
‘‘(C) a decision that an alien is not eligible for admission to the United States is conclusive unless manifestly
contrary to law, and
‘‘(D) the Attorney General’s discretionary judgment
whether to grant relief under section 208(a) shall be conclusive unless manifestly contrary to the law and an abuse of
discretion.
‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—
‘‘(A) COURT DETERMINATION IF NO ISSUE OF FACT.—If
the petitioner claims to be a national of the United States
and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioner’s nationality is presented, the court shall decide the
nationality claim.
‘‘(B) TRANSFER IF ISSUE OF FACT.—If the petitioner
claims to be a national of the United States and the court
of appeals finds that a genuine issue of material fact about
the petitioner’s nationality is presented, the court shall
transfer the proceeding to the district court of the United
States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the
district court under section 2201 of title 28, United States
Code.
‘‘(C) LIMITATION ON DETERMINATION.—The petitioner
may have such nationality claim decided only as provided
in this paragraph.
‘‘(6) CONSOLIDATION WITH REVIEW OF MOTIONS TO REOPEN
OR RECONSIDER.—When a petitioner seeks review of an order
under this section, any review sought of a motion to reopen or
reconsider the order shall be consolidated with the review of the
order.
‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN CERTAIN CRIMINAL PROCEEDINGS.—
‘‘(A) IN GENERAL.—If the validity of an order of removal has not been judicially decided, a defendant in a
criminal proceeding charged with violating section 243(a)
may challenge the validity of the order in the criminal proceeding only by filing a separate motion before trial. The
district court, without a jury, shall decide the motion before
trial.
‘‘(B) CLAIMS OF UNITED STATES NATIONALITY.—If the
defendant claims in the motion to be a national of the United States and the district court finds that—

65
‘‘(i) no genuine issue of material fact about the defendant’s nationality is presented, the court shall decide the motion only on the administrative record on
which the removal order is based and the administrative findings of fact are conclusive if supported by reasonable, substantial, and probative evidence on the
record considered as a whole; or
‘‘(ii) a genuine issue of material fact about the defendant’s nationality is presented, the court shall hold
a new hearing on the nationality claim and decide that
claim as if an action had been brought under section
2201 of title 28, United States Code.
The defendant may have such nationality claim decided
only as provided in this subparagraph.
‘‘(C) CONSEQUENCE OF INVALIDATION.—If the district
court rules that the removal order is invalid, the court shall
dismiss the indictment for violation of section 243(a). The
United States Government may appeal the dismissal to the
court of appeals for the appropriate circuit within 30 days
after the date of the dismissal.
‘‘(D) LIMITATION ON FILING PETITIONS FOR REVIEW.—
The defendant in a criminal proceeding under section
243(a) may not file a petition for review under subsection
(a) during the criminal proceeding.
‘‘(8) CONSTRUCTION.—This subsection—
‘‘(A) does not prevent the Attorney General, after a final
order of removal has been issued, from detaining the alien
under section 241(a);
‘‘(B) does not relieve the alien from complying with section 241(a)(4) and section 243(g); and
‘‘(C) does not require the Attorney General to defer removal of the alien.
‘‘(9) CONSOLIDATION OF QUESTIONS FOR JUDICIAL REVIEW.—
Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to
remove an alien from the United States under this title shall be
available only in judicial review of a final order under this section.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for review or for
habeas corpus of an order of removal—
‘‘(1) shall attach a copy of such order, and
‘‘(2) shall state whether a court has upheld the validity of
the order, and, if so, shall state the name of the court, the date
of the court’s ruling, and the kind of proceeding.
‘‘(d) REVIEW OF FINAL ORDERS.—A court may review a final
order of removal only if—
‘‘(1) the alien has exhausted all administrative remedies
available to the alien as of right, and
‘‘(2) another court has not decided the validity of the order,
unless the reviewing court finds that the petition presents
grounds that could not have been presented in the prior judicial
proceeding or that the remedy provided by the prior proceeding
was inadequate or ineffective to test the validity of the order.

66
‘‘(e) JUDICIAL REVIEW OF ORDERS UNDER SECTION 235(b)(1).—
‘‘(1) LIMITATIONS ON RELIEF.—Without regard to the nature
of the action or claim and without regard to the identity of the
party or parties bringing the action, no court may—
‘‘(A) enter declaratory, injunctive, or other equitable relief in any action pertaining to an order to exclude an alien
in accordance with section 235(b)(1) except as specifically
authorized in a subsequent paragraph of this subsection, or
‘‘(B) certify a class under Rule 23 of the Federal Rules
of Civil Procedure in any action for which judicial review
is authorized under a subsequent paragraph of this subsection.
‘‘(2) HABEAS CORPUS PROCEEDINGS.—Judicial review of any
determination made under section 235(b)(1) is available in habeas corpus proceedings, but shall be limited to determinations
of—
‘‘(A) whether the petitioner is an alien,
‘‘(B) whether the petitioner was ordered removed under
such section, and
‘‘(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully
admitted for permanent residence, has been admitted as a
refugee under section 207, or has been granted asylum
under section 208, such status not having been terminated,
and is entitled to such further inquiry as prescribed by the
Attorney General pursuant to section 235(b)(1)(C).
‘‘(3) CHALLENGES ON VALIDITY OF THE SYSTEM.—
‘‘(A) IN GENERAL.—Judicial review of determinations
under section 235(b) and its implementation is available in
an action instituted in the United States District Court for
the District of Columbia, but shall be limited to determinations of—
‘‘(i) whether such section, or any regulation issued
to implement such section, is constitutional; or
‘‘(ii) whether such a regulation, or a written policy
directive, written policy guideline, or written procedure
issued by or under the authority of the Attorney General to implement such section, is not consistent with
applicable provisions of this title or is otherwise in violation of law.
‘‘(B) DEADLINES FOR BRINGING ACTIONS.—Any action
instituted under this paragraph must be filed no later than
60 days after the date the challenged section, regulation, directive, guideline, or procedure described in clause (i) or (ii)
of subparagraph (A) is first implemented.
‘‘(C) NOTICE OF APPEAL.—A notice of appeal of an order
issued by the District Court under this paragraph may be
filed not later than 30 days after the date of issuance of
such order.
‘‘(D) EXPEDITIOUS CONSIDERATION OF CASES.—It shall
be the duty of the District Court, the Court of Appeals, and
the Supreme Court of the United States to advance on the
docket and to expedite to the greatest possible extent the
disposition of any case considered under this paragraph.

67
‘‘(4) DECISION.—In any case where the court determines
that the petitioner—
‘‘(A) is an alien who was not ordered removed under
section 235(b)(1), or
‘‘(B) has demonstrated by a preponderance of the evidence that the alien is an alien lawfully admitted for permanent residence, has been admitted as a refugee under
section 207, or has been granted asylum under section 208,
the court may order no remedy or relief other than to require
that the petitioner be provided a hearing in accordance with
section 240. Any alien who is provided a hearing under section
240 pursuant to this paragraph may thereafter obtain judicial
review of any resulting final order of removal pursuant to subsection (a)(1).
‘‘(5) SCOPE OF INQUIRY.—In determining whether an alien
has been ordered removed under section 235(b)(1), the court’s
inquiry shall be limited to whether such an order in fact was
issued and whether it relates to the petitioner. There shall be
no review of whether the alien is actually inadmissible or entitled to any relief from removal.
‘‘(f) LIMIT ON INJUNCTIVE RELIEF.—
(1) IN GENERAL.—Regardless of the nature of the action or
claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the
provisions of chapter 4 of title II, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
other than with respect to the application of such provisions to
an individual alien against whom proceedings under such
chapter have been initiated.
(2) PARTICULAR CASES.—Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows
by clear and convincing evidence that the entry or execution of
such order is prohibited as a matter of law.
‘‘(g) EXCLUSIVE JURISDICTION.—Except as provided in this section and notwithstanding any other provision of law, no court shall
have jurisdiction to hear any cause or claim by or on behalf of any
alien arising from the decision or action by the Attorney General to
commence proceedings, adjudicate cases, or execute removal orders
against any alien under this Act.’’.
(b) REPEAL OF SECTION 106.—Section 106 (8 U.S.C. 1105a) is
repealed.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to all final
orders of deportation or removal and motions to reopen filed on
or after the date of the enactment of this Act and subsection (g)
of section 242 of the Immigration and Nationality Act (as
added by subsection (a)), shall apply without limitation to
claims arising from all past, pending, or future exclusion, deportation, or removal proceedings under such Act.
(2) LIMITATION.—Paragraph (1) shall not be considered to
invalidate or to require the reconsideration of any judgment or

68
order entered under section 106 of the Immigration and Nationality Act, as amended by section 440 of Public Law 104–132.
(d) TECHNICAL AMENDMENT.—Effective as if included in the enactment of the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104–132), subsections (a), (c), (d), (g), and (h) of
section 440 of such Act are amended by striking ‘‘any offense covered
by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i)’’ and inserting ‘‘any offense covered by
section 241(a)(2)(A)(ii) for which both predicate offenses are, without
regard to the date of their commission, otherwise covered by section
241(a)(2)(A)(i)’’.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).

(a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is amended to
read as follows:
‘‘PENALTIES

RELATED TO REMOVAL

‘‘SEC. 243. (a) PENALTY FOR FAILURE TO DEPART.—
‘‘(1) IN GENERAL.—Any alien against whom a final order of
removal is outstanding by reason of being a member of any of
the classes described in section 237(a), who—
‘‘(A) willfully fails or refuses to depart from the United
States within a period of 90 days from the date of the final
order of removal under administrative processes, or if judicial review is had, then from the date of the final order of
the court,
‘‘(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary
to the alien’s departure,
‘‘(C) connives or conspires, or takes any other action,
designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to
such, or
‘‘(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order,
shall be fined under title 18, United States Code, or imprisoned
not more than four years (or 10 years if the alien is a member
of any of the classes described in paragraph (1)(E), (2), (3), or
(4) of section 237(a)), or both.
‘‘(2) EXCEPTION.—It is not a violation of paragraph (1) to
take any proper steps for the purpose of securing cancellation
of or exemption from such order of removal or for the purpose
of securing the alien’s release from incarceration or custody.
‘‘(3) SUSPENSION.—The court may for good cause suspend
the sentence of an alien under this subsection and order the
alien’s release under such conditions as the court may prescribe.
In determining whether good cause has been shown to justify
releasing the alien, the court shall take into account such factors as—
‘‘(A) the age, health, and period of detention of the
alien;
‘‘(B) the effect of the alien’s release upon the national
security and public peace or safety;

69
‘‘(C) the likelihood of the alien’s resuming or following
a course of conduct which made or would make the alien
deportable;
‘‘(D) the character of the efforts made by such alien
himself and by representatives of the country or countries
to which the alien’s removal is directed to expedite the
alien’s departure from the United States;
‘‘(E) the reason for the inability of the Government of
the United States to secure passports, other travel documents, or removal facilities from the country or countries to
which the alien has been ordered removed; and
‘‘(F) the eligibility of the alien for discretionary relief
under the immigration laws.
‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS OF RELEASE
UNDER SUPERVISION.—An alien who shall willfully fail to comply
with regulations or requirements issued pursuant to section
241(a)(3) or knowingly give false information in response to an inquiry under such section shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
‘‘(c) PENALTIES RELATING TO VESSELS AND AIRCRAFT.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) FAILURE TO CARRY OUT CERTAIN ORDERS.—If the
Attorney General is satisfied that a person has violated
subsection (d) or (e) of section 241, the person shall pay to
the Commissioner the sum of $2,000 for each violation.
‘‘(B) FAILURE TO REMOVE ALIEN STOWAWAYS.—If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under section
241(d)(2), the person shall pay to the Commissioner the
sum of $5,000 for each alien stowaway not removed.
‘‘(C) NO COMPROMISE.—The Attorney General may not
compromise the amount of such penalty under this paragraph.
‘‘(2) CLEARING VESSELS AND AIRCRAFT.—
‘‘(A) CLEARANCE BEFORE DECISION ON LIABILITY.—A
vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a
bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner.
‘‘(B) PROHIBITION ON CLEARANCE WHILE PENALTY UNPAID.—A vessel or aircraft may not be granted clearance if
a civil penalty imposed under paragraph (1) is not paid.
‘‘(d) DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.—On being notified
by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General
asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien.’’.

70
SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS.

(a) CONFORMING AMENDMENT TO TABLE OF CONTENTS; OVERREORGANIZED CHAPTERS.—The table of contents, as amended by sections 123(b) and 851(d)(1), is amended—
(1) by striking the item relating to section 106, and
(2) by striking the item relating to chapter 4 of title II and
all that follows through the item relating to section 244A and
inserting the following:
VIEW OF

‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND REMOVAL
‘‘Sec. 231. Lists of alien and citizen passengers arriving or departing; record of resident aliens and citizens leaving permanently for foreign country.
‘‘Sec. 232. Detention of aliens for physical and mental examination.
‘‘Sec. 233. Entry through or from foreign territory and adjacent islands; landing stations.
‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.
‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing.
‘‘Sec. 235A. Preinspection at foreign airports.
‘‘Sec. 236. Apprehension and detention of aliens not lawfully in the United States.
‘‘Sec. 237. General classes of deportable aliens.
‘‘Sec. 238. Expedited removal of aliens convicted of committing aggravated felonies.
‘‘Sec. 239. Initiation of removal proceedings.
‘‘Sec. 240. Removal proceedings.
‘‘Sec. 240A. Cancellation of removal; adjustment of status.
‘‘Sec. 240B. Voluntary departure.
‘‘Sec. 240C. Records of admission.
‘‘Sec. 241. Detention and removal of aliens ordered removed.
‘‘Sec. 242. Judicial review of orders of removal.
‘‘Sec. 243. Penalties relating to removal.
‘‘Sec. 244. Temporary protected status.
‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

(b) REORGANIZATION OF OTHER PROVISIONS.—Chapters 4 and 5
of title II are amended as follows:
(1) AMENDING CHAPTER HEADING.—Amend the heading for
chapter 4 of title II to read as follows:
‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION,
EXCLUSION, AND REMOVAL’’.
(2) REDESIGNATING SECTION 232 AS SECTION 232(a).—Amend
section 232 (8 U.S.C. 1222)—
(A) by inserting ‘‘(a) DETENTION OF ALIENS.—’’ after ‘‘SEC.
232.’’, and
(B) by amending the section heading to read as follows:
‘‘DETENTION

OF ALIENS FOR PHYSICAL AND MENTAL EXAMINATION’’.

(3) REDESIGNATING SECTION 234 AS SECTION 232(b).—Amend
section 234 (8 U.S.C. 1224)—
(A) by striking the heading,
(B) by striking ‘‘SEC. 234.’’ and inserting the following:
‘‘(b) PHYSICAL AND MENTAL EXAMINATION.—’’, and
(C) by moving such provision to the end of section 232.
(4) REDESIGNATING SECTION 238 AS SECTION 233.—Redesignate section 238 (8 U.S.C. 1228) as section 233 and move the
section to immediately follow section 232.
(5) REDESIGNATING SECTION 242A AS SECTION 238.—Redesignate section 242A as section 238, strike ‘‘DEPORTATION’’ in its

71
heading and insert ‘‘REMOVAL’’, and move the section to immediately follow section 237 (as redesignated by section 305(a)(2)).
(6) STRIKING SECTION 242B.—Strike section 242B (8 U.S.C.
1252b).
(7) STRIKING SECTION 244 AND REDESIGNATING SECTION
244A AS SECTION 244.—Strike section 244 (8 U.S.C. 1254) and
redesignate section 244A as section 244.
(8) AMENDING CHAPTER HEADING.—Amend the heading for
chapter 5 of title II to read as follows:
‘‘CHAPTER 5—ADJUSTMENT

AND

CHANGE

OF

STATUS’’.

(c) ADDITIONAL CONFORMING AMENDMENTS.—
(1) EXPEDITED PROCEDURES FOR AGGRAVATED FELONS
(FORMER SECTION 242A).—Section 238 (which, previous to redesignation under section 308(b)(5), was section 242A) is amended—
(A) in subsection (a)(1), by striking ‘‘section 242’’ and
inserting ‘‘section 240’’;
(B) in subsection (a)(2), by striking ‘‘section 242(a)(2)’’
and inserting ‘‘section 236(c)’’; and
(C) in subsection (b)(1), by striking ‘‘section
241(a)(2)(A)(iii)’’ and inserting ‘‘section 237(a)(2)(A)(iii)’’.
(2) TREATMENT OF CERTAIN HELPLESS ALIENS.—
(A) CERTIFICATION OF HELPLESS ALIENS.—Section 232
(8 U.S.C. 1222), as amended by section 308(b)(2), is further
amended by adding at the end the following new subsection:
‘‘(c) CERTIFICATION OF CERTAIN HELPLESS ALIENS.—If an examining medical officer determines that an alien arriving in the
United States is inadmissible, is helpless from sickness, mental or
physical disability, or infancy, and is accompanied by another alien
whose protection or guardianship may be required, the officer may
certify such fact for purposes of applying section 212(a)(10)(B) with
respect to the other alien.’’.
(B) GROUND OF INADMISSIBILITY FOR PROTECTION AND
GUARDIANSHIP OF ALIENS DENIED ADMISSION FOR HEALTH
OR INFANCY.—Subparagraph (B) of section 212(a)(10) (8

OF

U.S.C. 1182(a)(10)), as redesignated by section 301(a)(1), is
amended to read as follows:
‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY HELPLESS
ALIEN.—Any alien—
‘‘(i) who is accompanying another alien who is inadmissible and who is certified to be helpless from
sickness, mental or physical disability, or infancy pursuant to section 232(c), and
‘‘(ii) whose protection or guardianship is determined to be required by the alien described in clause
(i),
is inadmissible.’’.
(3) CONTINGENT CONSIDERATION IN RELATION TO REMOVAL
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:

72
‘‘(2) It is unlawful for an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft
who is bringing an alien (except an alien crewmember) to the United States to take any consideration to be kept or returned contingent
on whether an alien is admitted to, or ordered removed from, the
United States.’’.
(4) CLARIFICATION.—(A) Section 238(a)(1), which, previous
to redesignation under section 308(b)(5), was section 242A(a)(1),
is amended by adding at the end the following: ‘‘Nothing in this
section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.’’.
(B) Section 225 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416), as amended by section 851(b)(15), is amended by striking ‘‘and nothing
in’’ and all that follows up to ‘‘shall’’.
(d) ADDITIONAL CONFORMING AMENDMENTS RELATING TO EXCLUSION AND INADMISSIBILITY.—
(1) SECTION 212.—Section 212 (8 U.S.C. 1182(a)) is amended—
(A) in the heading, by striking ‘‘EXCLUDED FROM’’ and
inserting ‘‘INELIGIBLE FOR’’;
(B) in the matter in subsection (a) before paragraph
(1), by striking all that follows ‘‘(a)’’ and inserting the following: ‘‘CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMISSION.—Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:’’;
(C) in subsection (a), by striking ‘‘is excludable’’ and inserting ‘‘is inadmissible’’ each place it appears;
(D) in subsections (a)(5)(C) (before redesignation by section 343(c)(1), (d)(1), (k), by striking ‘‘exclusion’’ and inserting ‘‘inadmissibility’’;
(E) in subsections (b), (d)(3), (h)(1)(A)(i), and (k), by
striking ‘‘excludable’’ each place it appears and inserting
‘‘inadmissible’’;
(F) in subsection (b)(2), by striking ‘‘or ineligible for
entry’’;
(G) in subsection (d)(7), by striking ‘‘excluded from’’
and inserting ‘‘denied’’; and
(H) in subsection (h)(1)(B), by striking ‘‘exclusion’’ and
inserting ‘‘denial of admission’’.
(2) SECTION 241.—Section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2), is amended—
(A) in subsection (a)(1)(H), by striking ‘‘excludable’’ and
inserting ‘‘inadmissible’’;
(B) in subsection (a)(4)(C)(ii), by striking ‘‘excludability’’ and inserting ‘‘inadmissibility’’;
(C) in subsection (c), by striking ‘‘exclusion’’ and inserting ‘‘inadmissibility’’; and
(D) effective upon enactment of this Act, by striking
subsection (d), as added by section 414(a) of the

73
Antiterrorism and Effective Death Penalty Act of 1996 (P.L.
104–132).
(3) OTHER GENERAL REFERENCES.—The following provisions are amended by striking ‘‘excludability’’ and ‘‘excludable’’
each place each appears and inserting ‘‘inadmissibility’’ and
‘‘inadmissible’’, respectively:
(A) Sections 101(f)(3), 213, 234 (before redesignation by
section 308(b)), 241(a)(1) (before redesignation by section
305(a)(2)), 272(a), 277, 286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
(B) Section 601(c) of the Immigration Act of 1990.
(C) Section 128 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102–138).
(D) Section 1073 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337).
(E) Section 221 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103–416).
(4) RELATED TERMS.—
(A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended by striking ‘‘or expulsion’’ and inserting ‘‘expulsion, or
removal’’.
(B) Section 102 (8 U.S.C. 1102) is amended by striking
‘‘exclusion or deportation’’ and inserting ‘‘removal’’.
(C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended
by striking ‘‘been excluded or deported’’ and inserting ‘‘not
been admitted or have been removed’’.
(D) Section 206 (8 U.S.C. 1156) is amended by striking
‘‘excluded from admission to the United States and deported’’ and inserting ‘‘denied admission to the United
States and removed’’.
(E) Section 216(f) (8 U.S.C. 1186a) is amended by
striking ‘‘exclusion’’ and inserting ‘‘inadmissibility’’.
(F) Section 217 (8 U.S.C. 1187) is amended by striking
‘‘excluded from admission’’ and inserting ‘‘denied admission at the time of arrival’’ each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is amended by striking ‘‘exclude’’ and inserting ‘‘deny admission to’’.
(H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated
by subsection (b)(2), is amended by striking ‘‘excluded by’’
and ‘‘the excluded classes’’ and inserting ‘‘inadmissible
under’’ and ‘‘inadmissible classes’’, respectively.
(I)(i) Section 272 (8 U.S.C. 1322) is amended—
(I) by striking ‘‘EXCLUSION’’ in the heading and inserting ‘‘DENIAL OF ADMISSION’’,
(II) in subsection (a), by striking ‘‘excluding condition’’ and inserting ‘‘condition causing inadmissibility’’,
and
(III) in subsection (c), by striking ‘‘excluding’’.
(ii) The item in the table of contents relating to such
section is amended by striking ‘‘exclusion’’ and inserting
‘‘denial of admission’’.
(J) Section 276(a) (8 U.S.C. 1326(a)) is amended—
(i) in paragraph (1), as amended by section
324(a)—

74
(I) by striking ‘‘arrested and deported, has
been excluded and deported,’’ and inserting ‘‘denied admission, excluded, deported, or removed’’,
and
(II) by striking ‘‘exclusion or deportation’’ and
inserting ‘‘exclusion, deportation, or removal’’; and
(ii) in paragraph (2)(B), by striking ‘‘excluded and
deported’’ and inserting ‘‘denied admission and removed’’.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi))
is amended by striking ‘‘exclusion’’ each place it appears
and inserting ‘‘removal’’.
(L) Section 287 (8 U.S.C. 1357) is amended—
(i) in subsection (a), by striking ‘‘or expulsion’’ each
place it appears and inserting ‘‘expulsion, or removal’’,
and
(ii) in subsection (c), by striking ‘‘exclusion from’’
and inserting ‘‘denial of admission to’’.
(M) Section 290(a) (8 U.S.C. 1360(a)) is amended by
striking ‘‘admitted to the United States, or excluded therefrom’’ each place it appears and inserting ‘‘admitted or denied admission to the United States’’.
(N) Section 291 (8 U.S.C. 1361) is amended by striking
‘‘subject to exclusion’’ and inserting ‘‘inadmissible’’ each
place it appears.
(O) Section 292 (8 U.S.C. 1362) is amended by striking
‘‘exclusion or deportation’’ each place it appears and inserting ‘‘removal’’.
(P) Section 360 (8 U.S.C. 1503) is amended—
(i) in subsection (a), by striking ‘‘exclusion’’ each
place it appears and inserting ‘‘removal’’, and
(ii) in subsection (c), by striking ‘‘excluded from’’
and inserting ‘‘denied’’.
(Q) Section 507(b)(2)(D) (8 U.S.C. 1537(b)(2)(D)) is
amended by striking ‘‘exclusion because such alien is excludable’’ and inserting ‘‘removal because such alien is inadmissible’’.
(R) Section 301(a)(1) of the Immigration Act of 1990 is
amended by striking ‘‘exclusion’’ and inserting ‘‘inadmissibility’’.
(S) Section 401(c) of the Refugee Act of 1980 is amended by striking ‘‘deportation or exclusion’’ and inserting ‘‘removal’’.
(T) Section 501(e)(2) of the Refugee Education Assistance Act of 1980 (Public Law 96–422) is amended—
(i) by striking ‘‘exclusion or deportation’’ each place
it appears and inserting ‘‘removal’’, and
(ii) by striking ‘‘deportation or exclusion’’ each
place it appears and inserting ‘‘removal’’.
(U) Section 4113(c) of title 18, United States Code, is
amended by striking ‘‘exclusion and deportation’’ and inserting ‘‘removal’’.
(5) REPEAL OF SUPERSEDED PROVISION.—Effective as of the
date of the enactment of the Antiterrorism and Effective Death

75
Penalty Act of 1996, section 422 of such Act is repealed and the
Immigration and Nationality Act shall be applied as if such
section had not been enacted.
(e) REVISION OF TERMINOLOGY RELATING TO DEPORTATION.—
(1) Each of the following is amended by striking ‘‘deportation’’ each place it appears and inserting ‘‘removal’’:
(A)
Subparagraphs
(A)(iii)(II),
(A)(iv)(II),
and
(B)(iii)(II) of section 204(a)(1) (8 U.S.C. 1154(a)(1)).
(B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
(C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
(D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as redesignated by section 851(a)(3)(A).
(E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before
redesignation as section 237 by section 305(a)(2).
(F) Section 242A (8 U.S.C. 1252a), before redesignation
as section 238 by subsection (b)(5).
(G) Subsections (a)(3) and (b)(5)(B) of section 244A (8
U.S.C. 1254a), before redesignation as section 244 by subsection (b)(7).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)).
(M) Section 287(g) (8 U.S.C. 1357(g)) (as added by section 122).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322).
(Q) Section 4113(b) of title 18, United States Code.
(2) Each of the following is amended by striking ‘‘deported’’
each place it appears and inserting ‘‘removed’’:
(A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)), before redesignation as section 237 by section 305(a)(2).
(D)
Section
242A(c)(2)(D)(iv)
(8
U.S.C.
1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266 (8 U.S.C.
1306).
(H) Section 301(a)(1) of the Immigration Act of 1990.
(I) Section 4113 of title 18, United States Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by inserting ‘‘or removed’’ after ‘‘deported’’ each place it appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
striking ‘‘suspension of deportation’’ and inserting ‘‘cancellation
of removal’’.
(5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is amended
by striking ‘‘deportation is suspended’’ and inserting ‘‘removal
is canceled’’.

76
(6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is amended
by striking ‘‘deportation against’’ and inserting ‘‘removal of’’.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), and
(d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended by
striking ‘‘DEPORTATION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’
each place each appears and inserting ‘‘REMOVAL’’, ‘‘removal’’,
‘‘remove’’, and ‘‘removed’’, respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) of
section 216A (8 U.S.C. 1186b) are each amended by striking
‘‘DEPORTATION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’ and inserting ‘‘REMOVAL’’, ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by
striking ‘‘deportation against’’ and inserting ‘‘removal of’’.
(10) Section 242A (8 U.S.C. 1252a), before redesignation as
section 238 by subsection (b)(6), is amended, in the headings to
various subdivisions, by striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.
(11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), before
redesignation as section 244 by subsection (b)(8), is amended—
(A) in subsection (a)(1)(A), by striking ‘‘deport’’ and inserting ‘‘remove’’, and
(B) in subsection (e), by striking ‘‘SUSPENSION OF DEPORTATION’’ and inserting ‘‘CANCELLATION OF REMOVAL’’.
(12) Section 254 (8 U.S.C. 1284) is amended by striking
‘‘deport’’ each place it appears and inserting ‘‘remove’’.
(13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amended by striking
‘‘DEPORTED’’ and inserting ‘‘REMOVED’’.
(B) The item in the table of contents relating to such section
is amended by striking ‘‘deported’’ and inserting ‘‘removed’’.
(15) Section 318 (8 U.S.C. 1429) is amended by striking
‘‘suspending’’ and inserting ‘‘canceling’’.
(16) Section 301(a) of the Immigration Act of 1990 is
amended by striking ‘‘DEPORTATION’’ and inserting ‘‘REMOVAL’’.
(17) The heading of section 130005 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103–
322) is amended by striking ‘‘DEPORTATION’’ and inserting
‘‘REMOVAL’’.
(18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is
amended by striking ‘‘deported’’ and all that follows through
‘‘Deportation’’ and inserting ‘‘removed pursuant to chapter 4 of
title II of the Immigration and Nationality Act’’.
(19) Section 8(c) of the Foreign Agents Registration Act (22
U.S.C. 618(c)) is amended by striking ‘‘deportation’’ and all that
follows and inserting ‘‘removal pursuant to chapter 4 of title II
of the Immigration and Nationality Act.’’.
(f) REVISION OF REFERENCES TO ENTRY.—
(1) The following provisions are amended by striking
‘‘entry’’ and inserting ‘‘admission’’ each place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
(B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
(C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)).

77
(E) Section 212(h)(1)(A)(i) (8 U.S.C. 1182(h)(1)(A)(i)).
(F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
(G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
(H) Section 214(d) (8 U.S.C. 1184(d)).
(I) Section 216(b)(1)(A)(i) (8 U.S.C. 1186a(b)(1)(A)(i)).
(J)
Section
216(d)(1)(A)(i)(III)
(8
U.S.C.
1186a(d)(1)(A)(i)(III)).
(K) Subsection (b) of section 240 (8 U.S.C. 1230), before
redesignation as section 240C by section 304(a)(2).
(L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2).
(M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2),
other than the last time it appears.
(N) Paragraphs (2) and (4) of subsection (a) of section
241 (8 U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2).
(O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
(P) Section 247(a) (8 U.S.C. 1257(a)).
(Q) Section 601(c)(2) of the Immigration Act of 1990.
(2) The following provisions are amended by striking
‘‘enter’’ and inserting ‘‘be admitted’’:
(A) Section 204(e) (8 U.S.C. 1154(e)).
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
(3) The following provisions are amended by striking ‘‘enters’’ and inserting ‘‘is admitted to’’:
(A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
(B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
(4) Subsection (a) of section 238 (8 U.S.C. 1228), before redesignation as section 233 by section 308(b)(4), is amended by
striking ‘‘entry and inspection’’ and inserting ‘‘inspection and
admission’’.
(5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2), is
amended by striking ‘‘at entry’’.
(6) Section 7 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403h) is amended by striking ‘‘that the entry’’, ‘‘given
entry into’’, and ‘‘entering’’ and inserting ‘‘that the admission’’,
‘‘admitted to’’, and ‘‘admitted to’’.
(7) Section 4 of the Atomic Weapons and Special Nuclear
Materials Rewards Act (50 U.S.C. 47c) is amended by striking
‘‘entry’’ and inserting ‘‘admission’’.
(g) CONFORMING REFERENCES TO REORGANIZED SECTIONS.—
(1) REFERENCES TO SECTIONS 232, 234, 238, 239, 240, 241,
242A, AND 244A.—Any reference in law in effect on the day before
the date of the enactment of this Act to section 232, 234, 238,
239, 240, 241, 242A, or 244A of the Immigration and Nationality Act (or a subdivision of such section) is deemed, as of the
title III–A effective date, to refer to section 232(a), 232(b), 233,
234, 234A, 237, 238, or 244 of such Act (or the corresponding
subdivision of such section), as redesignated by this subtitle.
Any reference in law to section 241 (or a subdivision of such
section) of the Immigration and Nationality Act in an amend-

78
ment made by a subsequent subtitle of this title is deemed a reference (as of the title III–A effective date) to section 237 (or the
corresponding subdivision of such section), as redesignated by
this subtitle.
(2) REFERENCES TO SECTION 106.—
(A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C.
1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section
851(b)(14) but before redesignation as section 238 by subsection (b)(5), are each amended by striking ‘‘106’’ and inserting ‘‘242’’.
(B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C.
1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘106’’.
(C)
Section
242A(c)(3)(A)(iii)
(8
U.S.C.
1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5), is
amended by striking ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.
(3) REFERENCES TO SECTION 236.—
(A) Sections 205 and 209(a)(1) (8 U.S.C. 1155,
1159(a)(1)) are each amended by striking ‘‘236’’ and inserting ‘‘240’’.
(B) Section 4113(c) of title 18, United States Code, is
amended by striking ‘‘1226 of title 8, United States Code’’
and inserting ‘‘240 of the Immigration and Nationality
Act’’.
(4) REFERENCES TO SECTION 237.—
(A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended
by striking ‘‘237’’ and inserting ‘‘241’’.
(B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended
by striking ‘‘237(a)’’ and inserting ‘‘241(c)’’.
(C) Section 280(a) (8 U.S.C. 1330(a)) is amended by
striking ‘‘237, 239, 243’’ and inserting ‘‘234, 243(c)(2)’’.
(5) REFERENCES TO SECTION 242.—
(A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C.
1184(d), 1282(b), 1357(f)(1)) are each amended by striking
‘‘242’’ and inserting ‘‘240’’.
(ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a),
as amended by section 851(b)(13) but before redesignation
as section 238 by subsection (b)(5), are each amended by
striking ‘‘242’’ and inserting ‘‘240’’.
(iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) is
amended by inserting ‘‘(as in effect before October 1, 1996)’’
after ‘‘242’’.
(iv) Section 4113 of title 18, United States Code, is
amended—
(I) in subsection (a), by striking ‘‘section 1252(b) or
section 1254(e) of title 8, United States Code,’’ and inserting ‘‘section 240B of the Immigration and Nationality Act’’; and
(II) in subsection (b), by striking ‘‘section 1252 of
title 8, United States Code,’’ and inserting ‘‘section 240
of the Immigration and Nationality Act’’.

79
(B) Section 130002(a) of Public Law 103–322, as
amended by section 345, is amended by striking
‘‘242(a)(3)(A)’’ and inserting ‘‘236(d)’’.
(C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before redesignation as section 238 by section 308(b)(5), is amended
by striking ‘‘242(b)’’ and inserting ‘‘240’’.
(D)
Section
242A(c)(2)(D)(ii)
(8
U.S.C.
1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) but before redesignation as section 238 by subsection (b)(5), is
amended by striking ‘‘242(b)’’ and inserting ‘‘240’’.
(E) Section 1821(e) of title 28, United States Code, is
amended by striking ‘‘242(b)’’ and inserting ‘‘240’’.
(F) Section 130007(a) of Public Law 103–322 is amended by striking ‘‘242(i)’’ and inserting ‘‘239(d)’’.
(G) Section 20301(c) of Public Law 103–322 is amended by striking ‘‘242(j)(5)’’ and ‘‘242(j)’’ and inserting
‘‘241(h)(5)’’ and ‘‘241(h)’’, respectively.
(6) REFERENCES TO SECTION 242B.—
(A) Section 303(d)(2) of the Immigration Act of 1990 is
amended by striking ‘‘242B’’ and inserting ‘‘240(b)(5)’’.
(B) Section 545(g)(1)(B) of the Immigration Act of 1990
is amended by striking ‘‘242B(a)(4)’’ and inserting
‘‘239(a)(4)’’.
(7) REFERENCES TO SECTION 243.—
(A) Section 214(d) (8 U.S.C. 1184(d)) is amended by
striking ‘‘243’’ and inserting ‘‘241’’.
(B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) is amended
by striking ‘‘withholding of deportation under section
243(h)’’ and inserting ‘‘by withholding of removal under
section 241(b)(3)’’.
(C)(i) Section 315(c) of the Immigration Reform and
Control Act of 1986 is amended by striking ‘‘243(g)’’ and
‘‘1253(g)’’ and inserting ‘‘243(d)’’ and ‘‘1253(d)’’ respectively.
(ii) Section 702(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988 is amended by striking ‘‘243(g)’’ and
inserting ‘‘243(d)’’.
(iii) Section 903(b) of Public Law 100–204 is amended
by striking ‘‘243(g)’’ and inserting ‘‘243(d)’’.
(D)(i) Section 6(f)(2)(F) of the Food Stamp Act of 1977
(7 U.S.C. 2015(f)(2)(F)) is amended by striking ‘‘243(h)’’
and inserting ‘‘241(b)(3)’’.
(ii) Section 214(a)(5) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amended by striking ‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.
(E)(i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C.
1254a), before redesignated as section 244 by section
308(b)(7), is amended by striking ‘‘243(h)(2)’’ and inserting
‘‘208(b)(2)(A)’’.
(ii) Section 301(e)(2) of the Immigration Act of 1990 is
amended
by
striking
‘‘243(h)(2)’’
and
inserting
‘‘208(b)(2)(A)’’.
(F) Section 316(f) (8 U.S.C. 1427(f)) is amended by
striking ‘‘subparagraphs (A) through (D) of paragraph

80
243(h)(2)’’ and inserting ‘‘clauses (i) through (v) of section
208(b)(2)(A)’’.
(8) REFERENCES TO SECTION 244.—
(A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and
subsection (e) of section 244A (8 U.S.C. 1254a), before redesignation as section 244 by section 308(b)(7), are each
amended by striking ‘‘244(a)’’ and inserting ‘‘240A(a)’’.
(ii) Section 304(c)(1)(B) of the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991 (Public Law 102–232) is amended by striking ‘‘244(a)’’
and inserting ‘‘240A(a)’’.
(B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) is amended
by striking ‘‘suspension of deportation under subsection (a)
or (e) of section 244’’ and inserting ‘‘cancellation of removal
under section 240A’’.
(C) Section 304(c)(1)(B) of the Miscellaneous and Technical Immigration and Naturalization Amendments of
1991 (Public Law 102–232) is amended by striking
‘‘244(b)(2)’’ and inserting ‘‘240A(b)(2)’’.
(D) Section 364(a)(2) of this Act is amended by striking
‘‘244(a)(3)’’ and inserting ‘‘240A(a)(3)’’.
(9) REFERENCES TO CHAPTER 5.—
(A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b),
1306(c), 1361) are each amended by striking ‘‘chapter 5’’
and inserting ‘‘chapter 4’’.
(B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C.
855(b)) is amended by striking ‘‘chapter 5, title II, of the
Immigration and Nationality Act (66 Stat. 163)’’ and inserting ‘‘chapter 4 of title II of the Immigration and Nationality Act’’.
(10) MISCELLANEOUS CROSS-REFERENCE CORRECTIONS FOR
NEWLY ADDED PROVISIONS.—
(A) Section 212(h), as amended by section 301(h), is
amended by striking ‘‘section 212(c)’’ and inserting ‘‘paragraphs (1) and (2) of section 240A(a)’’.
(B) Section 245(c)(6), as amended by section 332(d), is
amended by striking ‘‘241(a)(4)(B)’’ and inserting
‘‘237(a)(4)(B)’’.
(C) Section 249(d), as amended by section 332(e), is
amended by striking ‘‘241(a)(4)(B)’’ and inserting
‘‘237(a)(4)(B)’’.
(D) Section 274C(d)(7), as added by section 212(d), is
amended by striking ‘‘withholding of deportation under section 243(h)’’ and inserting ‘‘withholding of removal under
section 241(b)(3)’’.
(E) Section 3563(b)(21) of title 18, United States Code,
as inserted by section 374(b), is amended by striking
‘‘242A(d)(5)’’ and inserting ‘‘238(d)(5)’’.
(F) Section 130007(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322), as
amended by section 671(a)(6), is amended by striking
‘‘242A(a)(3)’’ and inserting ‘‘238(a)(3)’’.
(G) Section 386(b) of this Act is amended by striking
‘‘excludable’’ and ‘‘EXCLUDABLE’’ and inserting ‘‘inadmis-

81
sible’’ and ‘‘INADMISSIBLE’’, respectively, each place each appears.
(H) Subsections (a), (c), (d), (g), and (h) of section 440
of the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104–132), as amended by section 306(d),
are
amended
by
striking
‘‘241(a)(2)(A)(ii)’’
and
‘‘241(a)(2)(A)(i)’’ and inserting ‘‘237(a)(2)(A)(ii)’’ and
‘‘237(a)(2)(A)(i)’’, respectively.
SEC. 309. EFFECTIVE DATES; TRANSITION.

(a) IN GENERAL.—Except as provided in this section and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5), this subtitle and
the amendments made by this subtitle shall take effect on the first
day of the first month beginning more than 180 days after the date
of the enactment of this Act (in this title referred to as the ‘‘title III–
A effective date’’).
(b) PROMULGATION OF REGULATIONS.—The Attorney General
shall first promulgate regulations to carry out this subtitle by not
later than 30 days before the title III–A effective date.
(c) TRANSITION FOR ALIENS IN PROCEEDINGS.—
(1) GENERAL RULE THAT NEW RULES DO NOT APPLY.—Subject to the succeeding provisions of this subsection, in the case
of an alien who is in exclusion or deportation proceedings as of
the title III–A effective date—
(A) the amendments made by this subtitle shall not
apply, and
(B) the proceedings (including judicial review thereof)
shall continue to be conducted without regard to such
amendments.
(2) ATTORNEY GENERAL OPTION TO ELECT TO APPLY NEW
PROCEDURES.—In a case described in paragraph (1) in which
an evidentiary hearing under section 236 or 242 and 242B of
the Immigration and Nationality Act has not commenced as of
the title III–A effective date, the Attorney General may elect to
proceed under chapter 4 of title II of such Act (as amended by
this subtitle). The Attorney General shall provide notice of such
election to the alien involved not later than 30 days before the
date any evidentiary hearing is commenced. If the Attorney
General makes such election, the notice of hearing provided to
the alien under section 235 or 242(a) of such Act shall be valid
as if provided under section 239 of such Act (as amended by
this subtitle) to confer jurisdiction on the immigration judge.
(3) ATTORNEY GENERAL OPTION TO TERMINATE AND REINITIATE PROCEEDINGS.—In the case described in paragraph (1), the
Attorney General may elect to terminate proceedings in which
there has not been a final administrative decision and to reinitiate proceedings under chapter 4 of title II the Immigration
and Nationality Act (as amended by this subtitle). Any determination in the terminated proceeding shall not be binding in
the reinitiated proceeding.
(4) TRANSITIONAL CHANGES IN JUDICIAL REVIEW.—In the
case described in paragraph (1) in which a final order of exclusion or deportation is entered more than 30 days after the date
of the enactment of this Act, notwithstanding any provision of

82
section 106 of the Immigration and Nationality Act (as in effect
as of the date of the enactment of this Act) to the contrary—
(A) in the case of judicial review of a final order of exclusion, subsection (b) of such section shall not apply and
the action for judicial review shall be governed by the provisions of subsections (a) and (c) of such in the same manner as they apply to judicial review of orders of deportation;
(B) a court may not order the taking of additional evidence under section 2347(c) of title 28, United States Code;
(C) the petition for judicial review must be filed not
later than 30 days after the date of the final order of exclusion or deportation;
(D) the petition for review shall be filed with the court
of appeals for the judicial circuit in which the administrative proceedings before the special inquiry officer or immigration judge were completed;
(E) there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the
Immigration and Nationality Act (as in effect as of the date
of the enactment of this Act);
(F) service of the petition for review shall not stay the
deportation of an alien pending the court’s decision on the
petition, unless the court orders otherwise; and
(G) there shall be no appeal permitted in the case of an
alien who is inadmissible or deportable by reason of having
committed a criminal offense covered in section 212(a)(2) or
section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration
and Nationality Act (as in effect as of the date of the enactment of this Act), or any offense covered by section
241(a)(2)(A)(ii) of such Act (as in effect on such date) for
which both predicate offenses are, without regard to their
date of commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
(5) TRANSITIONAL RULE WITH REGARD TO SUSPENSION OF
DEPORTATION.—Paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act (relating to continuous residence or physical presence) shall apply to notices to appear issued before, on, or after the date of the enactment of this Act.
(6) TRANSITION FOR CERTAIN FAMILY UNITY ALIENS.—The
Attorney General may waive the application of section 212(a)(9)
of the Immigration and Nationality Act, as inserted by section
301(b)(1), in the case of an alien who is provided benefits under
the provisions of section 301 of the Immigration Act of 1990 (relating to family unity).
(7) LIMITATION ON SUSPENSION OF DEPORTATION.—The Attorney General may not suspend the deportation and adjust the
status under section 244 of the Immigration and Nationality
Act of more than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous sentence
shall apply regardless of when an alien applied for such suspension and adjustment.
(d) TRANSITIONAL REFERENCES.—For purposes of carrying out
the Immigration and Nationality Act, as amended by this subtitle—

83
(1) any reference in section 212(a)(1)(A) of such Act to the
term ‘‘inadmissible’’ is deemed to include a reference to the term
‘‘excludable’’, and
(2) any reference in law to an order of removal shall be
deemed to include a reference to an order of exclusion and deportation or an order of deportation.
(e) TRANSITION.—No period of time before the date of the enactment of this Act shall be included in the period of 1 year described
in section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as
amended by section 301(c)).

Subtitle B—Criminal Alien Provisions
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.

(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as
amended by section 441(e) of the Antiterrorism and Effective Death
Penalty Act of 1996 (P.L. 104–132), is amended—
(1) in subparagraph (A), by inserting ‘‘, rape, or sexual
abuse of a minor’’ after ‘‘murder’’;
(2) in subparagraph (D), by striking ‘‘$100,000’’ and inserting ‘‘$10,000’’;
(3) in subparagraphs (F), (G), (N), and (P), by striking ‘‘is
at least 5 years’’ each place it appears and inserting ‘‘at least
one year’’;
(4) in subparagraph (J), by striking ‘‘sentence of 5 years’
imprisonment’’ and inserting ‘‘sentence of one year imprisonment’’;
(5) in subparagraph (K)(ii), by inserting ‘‘if committed’’ before ‘‘for commercial advantage’’;
(6) in subparagraph (L)—
(A) by striking ‘‘or’’ at the end of clause (i),
(B) by inserting ‘‘or’’ at the end of clause (ii), and
(C) by adding at the end the following new clause:
‘‘(iii) section 601 of the National Security Act of
1947 (relating to protecting the identity of undercover
agents);’’;
(7) in subparagraph (M), by striking ‘‘$200,000’’ each place
it appears and inserting ‘‘$10,000’’;
(8) in subparagraph (N), by striking ‘‘for which the term’’
and all that follows and inserting the following: ‘‘, except in the
case of a first offense for which the alien has affirmatively
shown that the alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien’s spouse, child, or
parent (and no other individual) to violate a provision of this
Act’’;
(9) in subparagraph (P), by striking ‘‘18 months’’ and inserting ‘‘12 months, except in the case of a first offense for
which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding
only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act’’;
(10) in subparagraph (R), by striking ‘‘for which a sentence
of 5 years’ imprisonment or more may be imposed’’ and insert-

84
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 inserting ‘‘for which the term of imprisonment is at least one year’’.
(b) EFFECTIVE DATE OF DEFINITION.—Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by adding at the end the following
new sentence: ‘‘Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the
conviction was entered before, on, or after the date of enactment of
this paragraph.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to actions taken on or after the date of the enactment
of this Act, regardless of when the conviction occurred, and shall
apply under section 276(b) of the Immigration and Nationality Act
only to violations of section 276(a) of such Act occurring on or after
such date.
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.

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

85
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR CRIMINAL PAROLE.

Section 263(a) (8 U.S.C. 1303(a)) is amended by striking ‘‘and
(5)’’ and inserting ‘‘(5) aliens who are or have been on criminal probation or criminal parole within the United States, and (6)’’.
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.

(a) IN GENERAL.—Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is
amended to read as follows:
‘‘(1) has been arrested and deported, has been excluded and
deported, or has departed the United States while an order of
exclusion or deportation is outstanding, and thereafter’’.
(b) TREATMENT OF STIPULATIONS.—The last sentence of section
276(b) (8 U.S.C. 1326(b)) is amended by inserting ‘‘(or not during)’’
after ‘‘during’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to departures that occurred before, on, or after the date
of the enactment of this Act, but only with respect to entries (and
attempted entries) occurring on or after such date.
SEC. 325. CHANGE IN FILING REQUIREMENT.

Section 2424 of title 18, United States Code, is amended—
(1) in the first undesignated paragraph of subsection (a)—
(A) by striking ‘‘alien’’ each place it appears;
(B) by inserting after ‘‘individual’’ the first place it appears the following: ‘‘, knowing or in reckless disregard of
the fact that the individual is an alien’’; and
(C) by striking ‘‘within three years after that individual
has entered the United States from any country, party to
the arrangement adopted July 25, 1902, for the suppression
of the white-slave traffic’’;
(2) in the second undesignated paragraph of subsection
(a)—
(A) by striking ‘‘thirty’’ and inserting ‘‘five business’’;
and
(B) by striking ‘‘within three years after that individual
has entered the United States from any country, party to
the said arrangement for the suppression of the white-slave
traffic,’’; and
(3) in the text following the third undesignated paragraph
of subsection (a), by striking ‘‘two’’ and inserting ‘‘10’’.
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

Subsection (a) of section 130002 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322), as amended by section 432 of Public Law 104–132, is amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner of Immigration and Naturalization shall, under the authority of section
242(a)(3)(A) of the Immigration and Nationality Act operate a
criminal alien identification system. The criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be
subject to removal by reason of their conviction of aggravated felonies, subject to prosecution under section 275 of such Act, not lawfully present in the United States, or otherwise removable. Such sys-

86
tem shall include providing for recording of fingerprint records of
aliens who have been previously arrested and removed into appropriate automated fingerprint identification systems.’’.
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

Section 130002(b) of the Violent Crime Control and Law Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended—
(1) by inserting ‘‘and’’ after ‘‘1996;’’, and
(2) by striking paragraph (2) and all that follows through
the period at the end and inserting the following:
‘‘(2) $5,000,000 for each of fiscal years 1997 through 2001.’’.
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

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

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grants, aiming for all State Criminal Alien Assistance Program funds to be disbursed during the fiscal year for which
they are appropriated.
SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN INCARCERATION FACILITY OF ANAHEIM,
CALIFORNIA.

(a) AUTHORITY.—The Attorney General shall conduct a project
demonstrating the feasibility of identifying, from among the individuals who are incarcerated in local governmental prison facilities
prior to arraignment on criminal charges, those individuals who are
aliens unlawfully present in the United States.
(b) DESCRIPTION OF PROJECT.—The project authorized by subsection (a) shall include—
(1) the detail to incarceration facilities within the city of
Anaheim, California and the county of Ventura, California, of
an employee of the Immigration and Naturalization Service
who has expertise in the identification of aliens unlawfully in
the United States, and
(2) provision of funds sufficient to provide for—
(A) access for such employee to records of the Service
necessary to identify such aliens, and
(B) in the case of an individual identified as such an
alien, pre-arraignment reporting to the court regarding the
Service’s intention to remove the alien from the United
States.
(c) TERMINATION.—The authority under this section shall cease
to be effective 6 months after the date of the enactment of this Act.
SEC. 330. PRISONER TRANSFER TREATIES.

(a) NEGOTIATIONS WITH OTHER COUNTRIES.—(1) Congress advises the President to begin to negotiate and renegotiate, not later
than 90 days after the date of enactment of this Act, bilateral prisoner transfer treaties, providing for the incarceration, in the country
of the alien’s nationality, of any alien who—
(A) is a national of a country that is party to such a treaty;
and
(B) has been convicted of a criminal offense under Federal
or State law and who—
(i) is not in lawful immigration status in the United
States, or
(ii) on the basis of conviction for a criminal offense
under Federal or State law, or on any other basis, is subject to deportation or removal under the Immigration and
Nationality Act,
for the duration of the prison term to which the alien was sentenced
for the offense referred to in subparagraph (B). Any such agreement
may provide for the release of such alien pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1), the President may consider providing for appropriate compensation, subject
to the availability of appropriations, in cases where the United
States is able to independently verify the adequacy of the sites where
aliens will be imprisoned and the length of time the alien is actually
incarcerated in the foreign country under such a treaty.

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(b) SENSE OF CONGRESS.—It is the sense of the Congress that—
(1) the focus of negotiations for such agreements should
be—
(A) to expedite the transfer of aliens unlawfully in the
United States who are (or are about to be) incarcerated in
United States prisons,
(B) to ensure that a transferred prisoner serves the balance of the sentence imposed by the United States courts,
(C) to eliminate any requirement of prisoner consent to
such a transfer, and
(D) to allow the Federal Government or the States to
keep their original prison sentences in force so that transferred prisoners who return to the United States prior to
the completion of their original United States sentences can
be returned to custody for the balance of their prisons sentences;
(2) the Secretary of State should give priority to concluding
an agreement with any country for which the President determines that the number of aliens described in subsection (a) who
are nationals of that country in the United States represents a
significant percentage of all such aliens in the United States;
and
(3) no new treaty providing for the transfer of aliens from
Federal, State, or local incarceration facilities to a foreign incarceration facility should permit the alien to refuse the transfer.
(c) PRISONER CONSENT.—Notwithstanding any other provision
of law, except as required by treaty, the transfer of an alien from
a Federal, State, or local incarceration facility under an agreement
of the type referred to in subsection (a) shall not require consent of
the alien.
(d) ANNUAL REPORT.—Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the Attorney
General shall submit a report to the Committees on the Judiciary
of the House of Representatives and of the Senate stating whether
each prisoner transfer treaty to which the United States is a party
has been effective in the preceding 12 months in bringing about the
return of deportable incarcerated aliens to the country of which they
are nationals and in ensuring that they serve the balance of their
sentences.
(e) TRAINING FOREIGN LAW ENFORCEMENT PERSONNEL.—(1)
Subject to paragraph (2), the President shall direct the Border Patrol Academy and the Customs Service Academy to enroll for training an appropriate number of foreign law enforcement personnel,
and shall make appointments of foreign law enforcement personnel
to such academies, as necessary to further the following United
States law enforcement goals:
(A) Preventing of drug smuggling and other cross-border
criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into the United
States (including goods the sale of which is illegal in the United
States, the entry of which would cause a quota to be exceeded,
or the appropriate duty or tariff for which has not been paid).

89
(2) The appointments described in paragraph (1) shall be made
only to the extent there is capacity in such academies beyond what
is required to train United States citizens needed in the Border Patrol and Customs Service, and only of personnel from a country
with which the prisoner transfer treaty has been stated to be effective in the most recent report referred to in subsection (d).
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out this
section.
SEC. 331. PRISONER TRANSFER TREATIES STUDY.

(a) REPORT TO CONGRESS.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and the Attorney General shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate a report that describes the use and effectiveness of the prisoner transfer treaties
with the three countries with the greatest number of their nationals
incarcerated in the United States in removing from the United
States such incarcerated nationals.
(b) USE OF TREATY.—The report under subsection (a) shall include—
(1) the number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have
been or are eligible for transfer pursuant to the treaties;
(2) the number of aliens described in paragraph (1) who
have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the treaties;
(4) the number of aliens who are incarcerated in a penal
institution in the United States who are eligible for transfer
pursuant to the treaties; and
(5) the number of aliens described in paragraph (4) who
are incarcerated in Federal, State, and local penal institutions
in the United States.
(c) RECOMMENDATIONS.—The report under subsection (a) shall
include the recommendations of the Secretary of State and the Attorney General to increase the effectiveness and use of, and full compliance with, the treaties. In considering the recommendations
under this subsection, the Secretary and the Attorney General shall
consult with such State and local officials in areas disproportionately impacted by aliens convicted of criminal offenses as the Secretary and the Attorney General consider appropriate. Such recommendations shall address—
(1) changes in Federal laws, regulations, and policies affecting the identification, prosecution, and deportation of aliens
who have committed criminal offenses in the United States;
(2) changes in State and local laws, regulations, and policies affecting the identification, prosecution, and deportation of
aliens who have committed a criminal offense in the United
States;
(3) changes in the treaties that may be necessary to increase
the number of aliens convicted of criminal offenses who may be
transferred pursuant to the treaties;
(4) methods for preventing the unlawful reentry into the
United States of aliens who have been convicted of criminal of-

90
fenses in the United States and transferred pursuant to the
treaties;
(5) any recommendations by appropriate officials of the appropriate government agencies of such countries regarding programs to achieve the goals of, and ensure full compliance with,
the treaties;
(6) whether the recommendations under this subsection require the renegotiation of the treaties; and
(7) the additional funds required to implement each recommendation under this subsection.
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.

Not later than 12 months after the date of the enactment of this
Act, and annually thereafter, the Attorney General shall submit to
the Committees on the Judiciary of the House of Representatives
and of the Senate a report detailing—
(1) the number of illegal aliens incarcerated in Federal and
State prisons for having committed felonies, stating the number
incarcerated for each type of offense;
(2) the number of illegal aliens convicted of felonies in any
Federal or State court, but not sentenced to incarceration, in the
year before the report was submitted, stating the number convicted for each type of offense;
(3) programs and plans underway in the Department of
Justice to ensure the prompt removal from the United States of
criminal aliens subject to removal; and
(4) methods for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in
the United States and removed from the United States.
SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN
TO COMMIT AN OFFENSE UNDER THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.

(a) REVIEW OF GUIDELINES.—Not later than 6 months after the
date of the enactment of this Act, the United States Sentencing
Commission shall conduct a review of the guidelines applicable to
an offender who conspires with, or aids or abets, a person who is
not a citizen or national of the United States in committing any offense under section 1010 of the Controlled Substance Import and
Export Act (21 U.S.C. 960).
(b) REVISION OF GUIDELINES.—Following such review, pursuant
to section 994(p) of title 28, United States Code, the Commission
shall promulgate sentencing guidelines or amend existing sentencing guidelines to ensure an appropriately stringent sentence for such
offenders.
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL
REENTRY, AND PASSPORT AND VISA FRAUD.

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

91
(b) PASSPORT AND VISA OFFENSES.—The United States Sentencing Commission shall promptly promulgate, pursuant to section 994
of title 28, United States Code, amendments to the sentencing guidelines to make appropriate increases in the base offense level for offenses under chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime Control
and Law Enforcement Act of 1994.

Subtitle C—Revision of Grounds for
Exclusion and Deportation
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.

(a) IN GENERAL.—Section 212(a)(1)(A) (8 U.S.C. 1182(a)(1)(A))
is amended—
(1) by redesignating clauses (ii) and (iii) as clauses (iii) and
(iv), respectively, and
(2) by inserting after clause (i) the following new clause:
‘‘(ii) who seeks admission as an immigrant, or who
seeks adjustment of status to the status of an alien
lawfully admitted for permanent residence, and who
has failed to present documentation of having received
vaccination against vaccine-preventable diseases,
which shall include at least the following diseases:
mumps, measles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B and hepatitis B,
and any other vaccinations against vaccine-preventable
diseases recommended by the Advisory Committee for
Immunization Practices,’’.
(b) WAIVER.—Section 212(g) (8 U.S.C. 1182(g)) is amended by
striking ‘‘, or’’ at the end of paragraph (1) and all that follows and
inserting a semicolon and the following:
‘‘in accordance with such terms, conditions, and controls, if any,
including the giving of bond, as the Attorney General, in the
discretion of the Attorney General after consultation with the
Secretary of Health and Human Services, may by regulation
prescribe;
‘‘(2) subsection (a)(1)(A)(ii) in the case of any alien—
‘‘(A) who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed
to present documentation of previous vaccination,
‘‘(B) for whom a civil surgeon, medical officer, or panel
physician (as those terms are defined by section 34.2 of title
42 of the Code of Federal Regulations) certifies, according
to such regulations as the Secretary of Health and Human
Services may prescribe, that such vaccination would not be
medically appropriate, or
‘‘(C) under such circumstances as the Attorney General
provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien’s
religious beliefs or moral convictions; or
‘‘(3) subsection (a)(1)(A)(iii) in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the dis-

92
cretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to applications for immigrant visas or for
adjustment of status filed after September 30, 1996.
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF
FALSE DOCUMENTATION TO TERRORISTS AS A BASIS FOR
EXCLUSION FROM THE UNITED STATES.

(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B))
is amended—
(1) by redesignating subclauses (III) and (IV) of clause (i)
as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause (i) the following new subclause:
‘‘(III) has, under circumstances indicating an
intention to cause death or serious bodily harm,
incited terrorist activity,’’; and
(3) in clause (iii)(III), by inserting ‘‘documentation or’’ before ‘‘identification’’;
(b) EFFECTIVE DATE.—The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act and shall
apply to incitement regardless of when it occurs.
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTHCARE WORKERS.

Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended—
(1) by redesignating subparagraph (C) as subparagraph
(D), and
(2) by inserting after subparagraph (B) the following new
subparagraph:
‘‘(C) UNCERTIFIED FOREIGN HEALTH-CARE WORKERS.—
Any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other
than a physician, is excludable unless the alien presents to
the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation
with the Secretary of Health and Human Services, verifying
that—
‘‘(i) the alien’s education, training, license, and experience—
‘‘(I) meet all applicable statutory and regulatory requirements for entry into the United
States under the classification specified in the application;
‘‘(II) are comparable with that required for an
American health-care worker of the same type; and
‘‘(III) are authentic and, in the case of a license, unencumbered;
‘‘(ii) the alien has the level of competence in oral
and written English considered by the Secretary of
Health and Human Services, in consultation with the

93
Secretary of Education, to be appropriate for health
care work of the kind in which the alien will be engaged, as shown by an appropriate score on one or
more nationally recognized, commercially available,
standardized assessments of the applicant’s ability to
speak and write; and
‘‘(iii) if a majority of States licensing the profession
in which the alien intends to work recognize a test predicting the success on the profession’s licensing or certification examination, the alien has passed such a test
or has passed such an examination.
For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of
Health and Human Services and are not subject to further
administrative or judicial review.’’.
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES
CITIZENSHIP.

(a) EXCLUSION OF ALIENS WHO HAVE FALSELY CLAIMED
UNITED STATES CITIZENSHIP.—Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended—
(1) by redesignating clause (ii) as clause (iii), and
(2) by inserting after clause (i) the following new clause:
‘‘(ii) FALSELY CLAIMING CITIZENSHIP.—Any alien
who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for
any purpose or benefit under this Act (including section
274A) or any other Federal or State law is excludable.’’.
(b) DEPORTATION OF ALIENS WHO HAVE FALSELY CLAIMED
UNITED STATES CITIZENSHIP.—Section 241(a)(3) (8 U.S.C.
1251(a)(3)) is amended by adding at the end the following new subparagraph:
‘‘(D) FALSELY CLAIMING CITIZENSHIP.—Any alien who
falsely represents, or has falsely represented, himself to be
a citizen of the United States for any purpose or benefit
under this Act (including section 274A) or any Federal or
State law is deportable.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to representations made on or after the date of the enactment of this Act.
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR
CERTAIN SECTION 274C VIOLATORS.

(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C. 1182) is
amended—
(1) by amending subparagraph (F) of subsection (a)(6) to
read as follows:
‘‘(F) SUBJECT OF CIVIL PENALTY.—
‘‘(i) IN GENERAL.—An alien who is the subject of a
final order for violation of section 274C is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For provision authorizing waiver of clause (i), see subsection (d)(12).’’; and

94
(2) by adding at the end of subsection (d) the following new
paragraph:
‘‘(12) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes or to assure family unity,
waive application of clause (i) of subsection (a)(6)(F)—
‘‘(A) in the case of an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily
and not under an order of deportation or removal and who is
otherwise admissible to the United States as a returning resident under section 211(b), and
‘‘(B) in the case of an alien seeking admission or adjustment of status under section 201(b)(2)(A) or under section
203(a),
if no previous civil money penalty was imposed against the alien
under section 274C and the offense was committed solely to assist,
aid, or support the alien’s spouse or child (and not another individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this paragraph.’’.
(b) GROUND OF DEPORTATION.—Subparagraph (C) of section
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by section
305(a)(2), is amended to read as follows:
‘‘(C) DOCUMENT FRAUD.—
‘‘(i) IN GENERAL.—An alien who is the subject of a
final order for violation of section 274C is deportable.
‘‘(ii) WAIVER AUTHORIZED.—The Attorney General
may waive clause (i) in the case of an alien lawfully
admitted for permanent residence if no previous civil
money penalty was imposed against the alien under
section 274C and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no
other individual). No court shall have jurisdiction to
review a decision of the Attorney General to grant or
deny a waiver under this clause.’’.
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.

(a) IN GENERAL.—Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is
amended by adding at the end the following new subparagraph:
‘‘(G) STUDENT VISA ABUSERS.—An alien who obtains
the status of a nonimmigrant under section 101(a)(15)(F)(i)
and who violates a term or condition of such status under
section 214(l) is excludable until the alien has been outside
the United States for a continuous period of 5 years after
the date of the violation.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to aliens who obtain the status of a nonimmigrant
under section 101(a)(15)(F) of the Immigration and Nationality Act
after the end of the 60-day period beginning on the date of the enactment of this Act, including aliens whose status as such a nonimmigrant is extended after the end of such period.
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.

(a) EXCLUSION OF ALIENS WHO HAVE UNLAWFULLY VOTED.—
Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section
301(b), is amended by adding at the end the following new subparagraph:

95
‘‘(D) UNLAWFUL VOTERS.—Any alien who has voted in
violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is excludable.’’.
(b) DEPORTATION OF ALIENS WHO HAVE UNLAWFULLY VOTED.—
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by section
305(a)(2), is amended by adding at the end the following new paragraph:
‘‘(6) UNLAWFUL VOTERS.—Any alien who has voted in violation of any Federal, State, or local constitutional provision,
statute, ordinance, or regulation is deportable.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to voting occurring before, on, or after the date of the
enactment of this Act.
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.

(a) IN GENERAL.—Section 212(h) (8 U.S.C. 1182(h)) is amended
by adding at the end the following: ‘‘No waiver shall be granted
under this subsection in the case of an alien who has previously
been admitted to the United States as an alien lawfully admitted
for permanent residence if either since the date of such admission
the alien has been convicted of an aggravated felony or the alien has
not lawfully resided continuously in the United States for a period
of not less than 7 years immediately preceding the date of initiation
of proceedings to remove the alien from the United States. No court
shall have jurisdiction to review a decision of the Attorney General
to grant or deny a waiver under this subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective on the date of the enactment of this Act and shall
apply in the case of any alien who is in exclusion or deportation
proceedings as of such date unless a final administrative order in
such proceedings has been entered as of such date.
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMISSIBILITY FOR CERTAIN ALIEN.

Subsection (i) of section 212 (8 U.S.C. 1182) is amended to read
as follows:
‘‘(i)(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection
(a)(6)(C) in the case of an immigrant who is the spouse, son, or
daughter of a United States citizen or of an alien lawfully admitted
for permanent residence if it is established to the satisfaction of the
Attorney General that the refusal of admission to the United States
of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien.
‘‘(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph
(1).’’.
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS
GROUND FOR DEPORTATION.

(a) IN GENERAL.—Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is
amended by adding at the end the following:
‘‘(E) CRIMES OF DOMESTIC VIOLENCE, STALKING, OR VIOLATION OF PROTECTION ORDER, CRIMES AGAINST CHILDREN
AND .—

96
‘‘(i) DOMESTIC VIOLENCE, STALKING, AND CHILD
ABUSE.—Any alien who at any time after entry is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child
abandonment is deportable. For purposes of this
clause, the term ‘crime of domestic violence’ means any
crime of violence (as defined in section 16 of title 18,
United States Code) against a person committed by a
current or former spouse of the person, by an individual with whom the person shares a child in common,
by an individual who is cohabiting with or has
cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under
the domestic or family violence laws of the jurisdiction
where the offense occurs, or by any other individual
against a person who is protected from that individual’s acts under the domestic or family violence laws of
the United States or any State, Indian tribal government, or unit of local government.
‘‘(ii) VIOLATORS OF PROTECTION ORDERS.—Any alien
who at any time after entry is enjoined under a protection
order issued by a court and whom the court determines has
engaged in conduct that violates the portion of a protection
order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person
or persons for whom the protection order was issued is deportable. For purposes of this clause, the term ‘protection
order’ means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or
provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to convictions, or violations of court orders, occurring
after the date of the enactment of this Act.
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR WAIVER FROM EXCLUSION OR DEPORTATION
FOR SMUGGLING.

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

97
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO AVOID UNITED STATES TAXATION.

(a) IN GENERAL.—Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as
redesignated by section 301(b) and as amended by section 347(a), is
amended by adding at the end the following:
‘‘(E) FORMER CITIZENS WHO RENOUNCED CITIZENSHIP
TO AVOID TAXATION.—Any alien who is a former citizen of
the United States who officially renounces United States
citizenship and who is determined by the Attorney General
to have renounced United States citizenship for the purpose
of avoiding taxation by the United States is excludable.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to individuals who renounce United States citizenship
on and after the date of the enactment of this Act.
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN ACT.

(a) DEPORTATION FOR HIGH SPEED FLIGHT.—For provision
making high speed flight from an immigration checkpoint subject to
deportation, see section 108(c).
(b) INADMISSIBILITY OF ALIENS PREVIOUSLY REMOVED AND UNLAWFULLY PRESENT.—For provision making aliens previously removed and unlawfully present in the United States inadmissible,
see section 301(b).
(c) INADMISSIBILITY OF ILLEGAL ENTRANTS.—For provision revising the ground of inadmissibility for illegal entrants and immigration violators, see section 301(c).
(d) DEPORTATION FOR VISA VIOLATORS.—For provision revising
the ground of deportation for illegal entrants, see section 301(d).
(e) LABOR CERTIFICATIONS FOR PROFESSIONAL ATHLETES.—For
provision providing for continued validity of labor certifications and
classification petitions for professional athletes, see section 624.

Subtitle D—Changes in Removal of Alien
Terrorist Provisions
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.

(a) LIMITATION ON PROVISION OF SUMMARIES; USE OF SPECIAL
ATTORNEYS IN CHALLENGES TO CLASSIFIED INFORMATION.—
(1) NO PROVISION OF SUMMARY IN CERTAIN CASES.—Section
504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended—
(A) in clause (ii), by inserting before the period at the
end the following: ‘‘unless the judge makes the findings
under clause (iii)’’, and
(B) by adding at the end the following new clause:
‘‘(iii) FINDINGS.—The findings described in this
clause are, with respect to an alien, that—
‘‘(I) the continued presence of the alien in the
United States would likely cause serious and irreparable harm to the national security or death or
serious bodily injury to any person, and
‘‘(II) the provision of the summary would likely
cause serious and irreparable harm to the national
security or death or serious bodily injury to any
person.’’.

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(2) SPECIAL CHALLENGE PROCEDURES.—Section 504(e)(3) (8
U.S.C. 1534(e)(3)) is amended by adding at the end the following new subparagraphs:
‘‘(E) CONTINUATION OF HEARING WITHOUT SUMMARY.—
If a judge makes the findings described in subparagraph
(D)(iii)—
‘‘(i) if the alien involved is an alien lawfully admitted for permanent residence, the procedures described
in subparagraph (F) shall apply; and
‘‘(ii) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in
camera and ex parte may be used pursuant to this
paragraph.
‘‘(F) SPECIAL PROCEDURES FOR ACCESS AND CHALLENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—
‘‘(i) IN GENERAL.—The procedures described in this
subparagraph are that the judge (under rules of the removal court) shall designate a special attorney to assist
the alien—
‘‘(I) by reviewing in camera the classified information on behalf of the alien, and
‘‘(II) by challenging through an in camera proceeding the veracity of the evidence contained in
the classified information.
‘‘(ii) RESTRICTIONS ON DISCLOSURE.—A special attorney receiving classified information under clause
(i)—
‘‘(I) shall not disclose the information to the
alien or to any other attorney representing the
alien, and
‘‘(II) who discloses such information in violation of subclause (I) shall be subject to a fine under
title 18, United States Code, imprisoned for not
less than 10 years nor more than 25 years, or
both.’’.
(3) APPEALS.—Section 505(c) (8 U.S.C. 1535(c)) is amended—
(A) in paragraph (1), by striking ‘‘The decision’’ and inserting ‘‘Subject to paragraph (2), the decision’’;
(B) in paragraph (3)(D), by inserting before the period
at the end the following: ‘‘, except that in the case of a review under paragraph (2) in which an alien lawfully admitted for permanent residence was denied a written summary of classified information under section 504(c)(3), the
Court of Appeals shall review questions of fact de novo’’;
(C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(D) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMANENT RESIDENT ALIENS IN WHICH NO SUMMARY PROVIDED.—

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‘‘(A) IN GENERAL.—Unless the alien waives the right to
a review under this paragraph, in any case involving an
alien lawfully admitted for permanent residence who is denied a written summary of classified information under
section 504(e)(3) and with respect to which the procedures
described in section 504(e)(3)(F) apply, any order issued by
the judge shall be reviewed by the Court of Appeals for the
District of Columbia Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With respect to any
issue relating to classified information that arises in such
review, the alien shall be represented only by the special attorney designated under section 504(e)(3)(F)(i) on behalf of
the alien.’’.
(4) ESTABLISHMENT OF PANEL OF SPECIAL ATTORNEYS.—
Section 502 (8 U.S.C. 1532) is amended by adding at the end
the following new subsection:
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL ATTORNEYS.—The
removal court shall provide for the designation of a panel of attorneys each of whom—
‘‘(1) has a security clearance which affords the attorney access to classified information, and
‘‘(2) has agreed to represent permanent resident aliens with
respect to classified information under section 504(e)(3) in accordance with (and subject to the penalties under) this title.’’.
(5) DEFINITION OF SPECIAL ATTORNEY.—Section 501 (8
U.S.C. 1531) is amended—
(A) by striking ‘‘and’’ at the end of paragraph (5),
(B) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’, and
(C) by adding at the end the following new paragraph:
‘‘(7) the term ‘special attorney’ means an attorney who is on
the panel established under section 502(e).’’.
(b) OTHER PROVISIONS RELATING TO CLASSIFIED INFORMATION.—
(1) INTRODUCTION OF CLASSIFIED INFORMATION.—Section
504(e) (8 U.S.C. 1534(e)) is amended—
(A) in paragraph (1)—
(i) by inserting after ‘‘(A)’’ the following: ‘‘the Government is authorized to use in a removal proceedings
the fruits of electronic surveillance and unconsented
physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) without regard to subsections (c), (e), (f), (g), and
(h) of section 106 of that Act and’’, and
(ii) by striking ‘‘the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)’’ and inserting ‘‘such Act’’; and
(B) by striking the period at the end of paragraph
(3)(A) and inserting the following: ‘‘and neither the alien
nor the public shall be informed of such evidence or its
sources other than through reference to the summary provided pursuant to this paragraph. Notwithstanding the
previous sentence, the Department of Justice may, in its
discretion and, in the case of classified information, after

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coordination with the originating agency, elect to introduce
such evidence in open session.’’.
(2) MAINTENANCE OF CONFIDENTIALITY OF CLASSIFIED INFORMATION IN ARGUMENTS.—Section 504(f) (8 U.S.C. 1534(f)) is
amended by adding at the end the following: ‘‘The judge may
allow any part of the argument that refers to evidence received
in camera and ex parte to be heard in camera and ex parte.’’.
(3) MAINTENANCE OF CONFIDENTIALITY OF CLASSIFIED INFORMATION IN ORDERS.—Section 504(j) (8 U.S.C. 1534(j)) is
amended by adding at the end the following: ‘‘Any portion of
the order that would reveal the substance or source of information received in camera and ex parte pursuant to subsection (e)
shall not be made available to the alien or the public.’’.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS.

Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of Public Law 104–132, is amended by
inserting ‘‘which the alien knows or should have known is a terrorist organization’’ after ‘‘219,’’.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION DESIGNATIONS.

Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by section
302(a) of Public Law 104–132, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (B),
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon, and
(3) by adding at the end the following:
‘‘(D) lacking substantial support in the administrative
record taken as a whole or in classified information submitted to the court under paragraph (2), or
‘‘(E) not in accord with the procedures required by
law.’’.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPARTURE.

Section 504(k) (8 U.S.C. 1534(k)) is amended—
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), and
(2) by inserting after paragraph (3) the following new paragraph:
‘‘(4) voluntary departure under section 244(e);’’.
SEC. 358. EFFECTIVE DATE.

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

Subtitle E—Transportation of Aliens
SEC. 361. DEFINITION OF STOWAWAY.

(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C. 1101(a)), as
amended by section 322(a)(1), is amended by adding at the end the
following new paragraph:

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‘‘(49) The term ‘stowaway’ means any alien who obtains transportation without the consent of the owner, charterer, master or person in command of any vessel or aircraft through concealment
aboard such vessel or aircraft. A passenger who boards with a valid
ticket is not to be considered a stowaway.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 362. TRANSPORTATION CONTRACTS.

(a) COVERAGE OF NONCONTIGUOUS TERRITORY.—Section 238 (8
U.S.C. 1228), before redesignation as section 233 under section
308(b)(4), is amended—
(1) in the heading, by striking ‘‘CONTIGUOUS’’, and
(2) by striking ‘‘contiguous’’ each place it appears in subsections (a), (b), and (d).
(b) COVERAGE OF RAILROAD TRAIN.—Subsection (d) of such section is further amended by inserting ‘‘or railroad train’’ after ‘‘aircraft’’.

Subtitle F—Additional Provisions
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.

(a) DEFINITION OF TERM.—Paragraph (4) of section 101(b) (8
U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney whom the
Attorney General appoints as an administrative judge within the
Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 240.
An immigration judge shall be subject to such supervision and shall
perform such duties as the Attorney General shall prescribe, but
shall not be employed by the Immigration and Naturalization Service.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY OFFICER’’.—The
Immigration and Nationality Act is amended by striking ‘‘a special
inquiry officer’’, ‘‘A special inquiry officer’’, ‘‘special inquiry officer’’,
and ‘‘special inquiry officers’’ and inserting ‘‘an immigration judge’’,
‘‘An immigration judge’’, ‘‘immigration judge’’, and ‘‘immigration
judges’’, respectively, each place it appears in the following sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), before its repeal
by section 306(c).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before redesignation by section 308(b).
(4) Section 235 (8 U.S.C. 1225), before amendment by section 302(a).
(5) Section 236 (8 U.S.C. 1226), before amendment by section 303.
(6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by
section 306(a)(2).
(7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)), before repeal
by section 306(b)(6).
(8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by
section 308(e)(13).
(9) Section 292 (8 U.S.C. 1362).

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(c) COMPENSATION FOR IMMIGRATION JUDGES.—
(1) IN GENERAL.—There shall be four levels of pay for immigration judges, under the Immigration Judge Schedule (designated as IJ–1, 2, 3, and 4, respectively), and each such judge
shall be paid at one of those levels, in accordance with the provisions of this subsection.
(2) RATES OF PAY.—
(A) The rates of basic pay for the levels established
under paragraph (1) shall be as follows:
IJ–1 ........................................................
IJ–2 ........................................................
IJ–3 ........................................................
IJ–4 ........................................................

70% of the next to highest rate of basic
pay for the Senior Executive Service
80% of the next to highest rate of basic
pay for the Senior Executive Service
90% of the next to highest rate of basic
pay for the Senior Executive Service
92% of the next to highest rate of basic
pay for the Senior Executive Service.

(B) Locality pay, where applicable, shall be calculated
into the basic pay for immigration judges.
(3) APPOINTMENT.—
(A) Upon appointment, an immigration judge shall be
paid at IJ–1, and shall be advanced to IJ–2 upon completion of 104 weeks of service, to IJ–3 upon completion of 104
weeks of service in the next lower rate, and to IJ–4 upon
completion of 52 weeks of service in the next lower rate.
(B) Notwithstanding subparagraph (A), the Attorney
General may provide for appointment of an immigration
judge at an advanced rate under such circumstances as the
Attorney General may determine appropriate.
(4) TRANSITION.—Immigration judges serving as of the effective date shall be paid at the rate that corresponds to the
amount of time, as provided under paragraph (3)(A), that they
have served as an immigration judge, and in no case shall be
paid less after the effective date than the rate of pay prior to
the effective date.
(d) EFFECTIVE DATES.—
(1) Subsections (a) and (b) shall take effect on the date of
the enactment of this Act.
(2) Subsection (c) shall take effect 90 days after the date of
the enactment of this Act.
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.

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

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 administrative detention in non-Federal institutions, is authorized—
‘‘(A) to make payments from funds appropriated for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration for necessary clothing, medical care, necessary guard hire, and the housing, care,
and security of persons detained by the Service pursuant to
Federal law under an agreement with a State or political subdivision of a State; and
‘‘(B) to enter into a cooperative agreement with any State,
territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies or materials required to establish acceptable conditions of
confinement and detention services in any State or unit of local
government which agrees to provide guaranteed bed space for
persons detained by the Service.’’; and
(2) by adding at the end of subsection (c), as redesignated
by section 102(d)(1), the following: ‘‘The Commissioner may
enter into cooperative agreements with State and local law enforcement agencies for the purpose of assisting in the enforcement of the immigration laws.’’.
SEC. 374. JUDICIAL DEPORTATION.

(a) IN GENERAL.—Section 242A(d) (8 U.S.C. 1252a(d)), as
added by section 224(a) of Immigration and Nationality Technical
Corrections Act of 1994 and before redesignation by section
308(b)(5), is amended—
(1) in paragraph (1), by striking ‘‘whose criminal conviction
causes such alien to be deportable under section 241(a)(2)(A)’’
and inserting ‘‘who is deportable’’;
(2) in paragraph (4), by striking ‘‘without a decision on the
merits’’; and
(3) by adding at the end the following new paragraph:
‘‘(5) STIPULATED JUDICIAL ORDER OF DEPORTATION.—The
United States Attorney, with the concurrence of the Commissioner, may, pursuant to Federal Rule of Criminal Procedure
11, enter into a plea agreement which calls for the alien, who
is deportable under this Act, to waive the right to notice and a
hearing under this section, and stipulate to the entry of a judicial order of deportation from the United States as a condition
of the plea agreement or as a condition of probation or supervised release, or both. The United States district court, in both
felony and misdemeanor cases, and a United States magistrate
judge in misdemeanor cases, may accept such a stipulation and
shall have jurisdiction to enter a judicial order of deportation
pursuant to the terms of such stipulation.’’.

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(b) DEPORTATION AS A CONDITION OF PROBATION.—Section
3563(b) of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (20);
(2) by redesignating paragraph (21) as paragraph (22); and
(3) by inserting after paragraph (20) the following new
paragraph:
‘‘(21) be ordered deported by a United States district court,
or United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section
242A(d)(5) of the Immigration and Nationality Act, except that,
in the absence of a stipulation, the United States district court
or a United States magistrate judge, may order deportation as
a condition of probation, if, after notice and hearing pursuant
to such section, the Attorney General demonstrates by clear and
convincing evidence that the alien is deportable; or’’.
(c) EFFECTIVE DATE.—The amendment made by subsection
(a)(2) shall be effective as if included in the enactment of section
224(a) of the Immigration and Nationality Technical Corrections
Act of 1994.
SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.

Section 245(c) (8 U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or (6)’’ and inserting ‘‘(6)’’; and
(2) by inserting before the period at the end the following:
‘‘; (7) any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the
alien was an unauthorized alien, as defined in section
274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa’’.
SEC. 376. TREATMENT OF CERTAIN FEES.

(a) INCREASE IN FEE.—Section 245(i) (8 U.S.C. 1255(i)), as
added by section 506(b) of Public Law 103–317, is amended—
(1) in paragraph (1), by striking ‘‘five times the fee required
for the processing of applications under this section’’ and inserting ‘‘$1,000’’; and
(2) by amending paragraph (3) to read as follows:
‘‘(3)(A) The portion of each application fee (not to exceed $200)
that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General
pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n),
and (o) of section 286.
‘‘(B) Any remaining portion of such fees remitted under such
paragraphs shall be deposited by the Attorney General into the Immigration Detention Account established under section 286(s).’’.
(b) IMMIGRATION DETENTION ACCOUNT.—Section 286 (8 U.S.C.
1356) is amended by adding at the end the following new subsection:
‘‘(s) IMMIGRATION DETENTION ACCOUNT.—(1) There is established in the general fund of the Treasury a separate account which
shall be known as the ‘Immigration Detention Account’. Notwithstanding any other section of this title, there shall be deposited as

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offsetting receipts into the Immigration Detention Account amounts
described in section 245(i)(3)(B) to remain available until expended.
‘‘(2)(A) The Secretary of the Treasury shall refund out of the Immigration Detention Account to any appropriation the amount paid
out of such appropriation for expenses incurred by the Attorney General for the detention of aliens under sections 236(c) and 241(a).
‘‘(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of
estimates made by the Attorney General of the expenses referred to
in subparagraph (A). Proper adjustments shall be made in the
amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A).
‘‘(C) The amounts required to be refunded from the Immigration
Detention Account for fiscal year 1997 and thereafter shall be refunded in accordance with estimates made in the budget request of
the Attorney General for those fiscal years. Any proposed changes in
the amounts designated in such budget requests shall only be made
after notification to the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 605 of
Public Law 104–134.
‘‘(D) The Attorney General shall prepare and submit annually
to the Congress statements of financial condition of the Immigration
Detention Account, including beginning account balance, revenues,
withdrawals, and ending account balance and projection for the ensuing fiscal year.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to applications made on or after the end of the 90-day
period beginning on the date of the enactment of this Act.
SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.

(a) LIMITATION ON COURT JURISDICTION.—Section 245A(f)(4) (8
U.S.C. 1255a(f)(4)) is amended by adding at the end the following
new subparagraph:
‘‘(C) JURISDICTION OF COURTS.—Notwithstanding any
other provision of law, no court shall have jurisdiction of
any cause of action or claim by or on behalf of any person
asserting an interest under this section unless such person
in fact filed an application under this section within the period specified by subsection (a)(1), or attempted to file a
complete application and application fee with an authorized legalization officer of the Service but had the application and fee refused by that officer.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective as if included in the enactment of the Immigration
Reform and Control Act of 1986.
SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

(a) IN GENERAL.—Section 246(a) (8 U.S.C. 1256(a)) is amended
by adding at the end the following sentence: ‘‘Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under
section 240, and an order of removal issued by an immigration
judge shall be sufficient to rescind the alien’s status.’’.

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(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the title III–A effective date (as defined in section
309(a)).
SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.

(a) IN GENERAL.—Sections 274A(e)(7) and 274C(d)(4) (8 U.S.C.
1324a(e)(7), 1324c(d)(4)) are each amended—
(1) by striking ‘‘unless, within 30 days, the Attorney General modifies or vacates the decision and order’’ and inserting
‘‘unless either (A) within 30 days, an official delegated by regulation to exercise review authority over the decision and order
modifies or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation (or within
60 days of the date of decision and order of an administrative
law judge if not so modified or vacated) the decision and order
is referred to the Attorney General pursuant to regulations’’;
and
(2) by striking ‘‘a final order’’ and inserting ‘‘the final agency decision and order’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply to orders issued on or after the date of the enactment
of this Act.
SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.

(a) IN GENERAL.—The Immigration and Nationality Act is
amended by inserting after section 274C the following new section:
‘‘CIVIL

PENALTIES FOR FAILURE TO DEPART

‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to a final order
of removal who—
‘‘(1) willfully fails or refuses to—
‘‘(A) depart from the United States pursuant to the
order,
‘‘(B) make timely application in good faith for travel or
other documents necessary for departure, or
‘‘(C) present for removal at the time and place required
by the Attorney General; or
‘‘(2) conspires to or takes any action designed to prevent or
hamper the alien’s departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the Commissioner
for each day the alien is in violation of this section.
‘‘(b) CONSTRUCTION.—Nothing in this section shall be construed
to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 243(a) or any other section
of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents is amended
by inserting after the item relating to section 274C the following
new item:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.

(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to actions occurring on or after the title III–A effective
date (as defined in section 309(a)).
SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.

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

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: ‘‘Nothing in this section shall be construed as providing jurisdiction
for suits against the United States or its agencies or officers.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply to actions filed after the date of the enactment of this
Act.
SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

(a) IN GENERAL.—Subsection (b) of section 280 (8 U.S.C. 1330)
is amended to read as follows:
‘‘(b)(1) There is established in the general fund of the Treasury
a separate account which shall be known as the ‘Immigration Enforcement Account’. Notwithstanding any other section of this title,
there shall be deposited as offsetting receipts into the Immigration
Enforcement Account amounts described in paragraph (2) to remain
available until expended.
‘‘(2) The amounts described in this paragraph are the following:
‘‘(A) The increase in penalties collected resulting from the
amendments made by sections 203(b) and 543(a) of the Immigration Act of 1990.
‘‘(B) Civil penalties collected under sections 240B(d), 274C,
274D, and 275(b).
‘‘(3)(A) The Secretary of the Treasury shall refund out of the Immigration Enforcement Account to any appropriation the amount
paid out of such appropriation for expenses incurred by the Attorney
General for activities that enhance enforcement of provisions of this
title. Such activities include—
‘‘(i) the identification, investigation, apprehension, detention, and removal of criminal aliens;
‘‘(ii) the maintenance and updating of a system to identify
and track criminal aliens, deportable aliens, inadmissible
aliens, and aliens illegally entering the United States; and
‘‘(iii) for the repair, maintenance, or construction on the
United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into
the United States.
‘‘(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of
estimates made by the Attorney General of the expenses referred to
in subparagraph (A). Proper adjustments shall be made in the
amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A).
‘‘(C) The amounts required to be refunded from the Immigration
Enforcement Account for fiscal year 1996 and thereafter shall be refunded in accordance with estimates made in the budget request of
the Attorney General for those fiscal years. Any proposed changes in
the amounts designated in such budget requests shall only be made
after notification to the Committees on Appropriations of the House

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, revenues, withdrawals, and ending account balance and projection for
the ensuing fiscal year.’’.
(b) IMMIGRATION USER FEE ACCOUNT.—Section 286(h)(1)(B) (8
U.S.C. 1356(h)(1)(B)) is amended by striking ‘‘271’’ and inserting
‘‘243(c), 271,’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to fines and penalties collected on or after the date of
the enactment of this Act.
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.

(a) IN GENERAL.—Section 301(e) of the Immigration Act of 1990
(8 U.S.C. 1255a note) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ‘‘, or’’, and
(3) by adding at the end the following new paragraph:
‘‘(3) has committed an act of juvenile delinquency which if
committed by an adult would be classified as—
‘‘(A) a felony crime of violence that has an element the
use or attempted use of physical force against another individual, or
‘‘(B) a felony offense that by its nature involves a substantial risk that physical force against another individual
may be used in the course of committing the offense.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply to benefits granted or extended after the date of the enactment of this Act.
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.

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

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the alien’s child or subjected the alien’s child to extreme
cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty,
unless the alien has been convicted of a crime or crimes listed
in section 241(a)(2) of the Immigration and Nationality Act; or
(2) permit use by or disclosure to anyone (other than a
sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the
beneficiary of an application for relief under clause (iii) or (iv)
of section 204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B),
section 216(c)(4)(C), or section 244(a)(3) of such Act as an alien
(or the parent of a child) who has been battered or subjected to
extreme cruelty.
The limitation under paragraph (2) ends when the application for
relief is denied and all opportunities for appeal of the denial have
been exhausted.
(b) EXCEPTIONS.—
(1) The Attorney General may provide, in the Attorney General’s discretion, for the disclosure of information in the same
manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13,
United States Code.
(2) The Attorney General may provide in the discretion of
the Attorney General for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose.
(3) Subsection (a) shall not be construed as preventing disclosure of information in connection with judicial review of a
determination in a manner that protects the confidentiality of
such information.
(4) Subsection (a)(2) shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection.
(c) PENALTIES FOR VIOLATIONS.—Anyone who willfully uses,
publishes, or permits information to be disclosed in violation of this
section shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each such
violation.
(d) CONFORMING AMENDMENTS TO OTHER DISCLOSURE RESTRICTIONS.—
(1) IN GENERAL.—The last sentence of section 210(b)(6) and
the second sentence of section 245A(c)(5) (8 U.S.C. 1255a(c)(5))
are each amended to read as follows: ‘‘Anyone who uses, publishes, or permits information to be examined in violation of
this paragraph shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than
$5,000 for each violation.’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to offenses occurring on or after the date of
the enactment of this Act.

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

In addition to the amounts otherwise authorized to be appropriated for each fiscal year beginning with fiscal year 1996, there
are authorized to be appropriated to the Attorney General
$150,000,000 for costs associated with the removal of inadmissible
or deportable aliens, including costs of detention of such aliens
pending their removal, the hiring of more investigators, and the hiring of more detention and deportation officers.
SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON DETENTION SPACE.

(a) INCREASE IN DETENTION FACILITIES.—Subject to the availability of appropriations, the Attorney General shall provide for an
increase in the detention facilities of the Immigration and Naturalization Service to at least 9,000 beds before the end of fiscal year
1997.
(b) REPORT ON DETENTION SPACE.—
(1) IN GENERAL.—Not later than 6 months after the date of
the enactment of this Act, and every 6 months thereafter, the Attorney General shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate estimating the amount of detention space that will be required,
during the fiscal year in which the report is submitted and the
succeeding fiscal year, to detain—
(A) all aliens subject to detention under section 236(c)
of the Immigration and Nationality Act (as amended by
section 303 of this title) and section 241(a) of the Immigration and Nationality Act (as inserted by section 305(a)(3) of
this title);
(B) all excludable or deportable aliens subject to proceedings under section 238 of the Immigration and Nationality Act (as redesignated by section 308(b)(5) of this title)
or section 235(b)(2)(A) or 240 of the Immigration and Nationality Act; and
(C) other excludable or deportable aliens in accordance
with the priorities established by the Attorney General.
(2) ESTIMATE OF NUMBER OF ALIENS RELEASED INTO THE
COMMUNITY.—
(A) CRIMINAL ALIENS.—
(i) IN GENERAL.—The first report submitted under
paragraph (1) shall include an estimate of the number
of criminal aliens who, in each of the 3 fiscal years
concluded prior to the date of the report—
(I) were released from detention facilities of
the Immigration and Naturalization Service
(whether operated directly by the Service or
through contract with other persons or agencies);
or
(II) were not taken into custody or detention by
the Service upon completion of their incarceration.
(ii) ALIENS CONVICTED OF AGGRAVATED FELONIES.—The estimate under clause (i) shall estimate separately, with respect to each year described in such

111
clause, the number of criminal aliens described in such
clause who were convicted of an aggravated felony.
(B) ALL EXCLUDABLE OR DEPORTABLE ALIENS.—The
first report submitted under paragraph (1) shall also estimate the number of excludable or deportable aliens who
were released into the community due to a lack of detention
facilities in each of the 3 fiscal years concluded prior to the
date of the report notwithstanding circumstances that the
Attorney General believed justified detention (for example,
a significant probability that the released alien would not
appear, as agreed, at subsequent exclusion or deportation
proceedings).
(C) SUBSEQUENT REPORTS.—Each report under paragraph (1) following the first such report shall include the
estimates under subparagraphs (A) and (B), made with respect to the 6-month period immediately preceding the date
of the submission of the report.
SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR
THE DETENTION OF INADMISSIBLE OR DEPORTABLE
ALIENS.

(a) ESTABLISHMENT.—The Attorney General and the Secretary
of Defense shall establish one or more pilot programs for up to 2
years each to determine the feasibility of the use of military bases,
available because of actions under a base closure law, as detention
centers by the Immigration and Naturalization Service. In selecting
real property at a military base for use as a detention center under
the pilot program, the Attorney General and the Secretary shall consult with the redevelopment authority established for the military
base and give substantial deference to the redevelopment plan prepared for the military base.
(b) REPORT.—Not later than 30 months after the date of the enactment of this Act, the Attorney General, together with the Secretary of Defense, shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate, and the
Committees on Armed Services of the House of Representatives and
of the Senate, on the feasibility of using military bases closed under
a base closure law as detention centers by the Immigration and Naturalization Service.
(c) DEFINITION.—For purposes of this section, the term ‘‘base
closure law’’ means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100–526; 10
U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of the enactment of this Act.
SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.

Not later than 30 months after the date of the enactment of this
Act, the Attorney General, in consultation with the Secretary of
State, shall submit a report to the Committees on the Judiciary of
the House of Representatives and of the Senate on the operation of

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the program of interior repatriation developed under section 437 of
the Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104–132).

TITLE IV—ENFORCEMENT OF
RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A—Pilot Programs for Employment
Eligibility Confirmation
SEC. 401. ESTABLISHMENT OF PROGRAMS.

(a) IN GENERAL.—The Attorney General shall conduct 3 pilot
programs of employment eligibility confirmation under this subtitle.
(b) IMPLEMENTATION DEADLINE; TERMINATION.—The Attorney
General shall implement the pilot programs in a manner that permits persons and other entities to have elections under section 402
made and in effect no later than 1 year after the date of the enactment of this Act. Unless the Congress otherwise provides, the Attorney General shall terminate a pilot program at the end of the 4-year
period beginning on the first day the pilot program is in effect.
(c) SCOPE OF OPERATION OF PILOT PROGRAMS.—The Attorney
General shall provide for the operation—
(1) of the basic pilot program (described in section 403(a))
in, at a minimum, 5 of the 7 States with the highest estimated
population of aliens who are not lawfully present in the United
States;
(2) of the citizen attestation pilot program (described in section 403(b)) in at least 5 States (or, if fewer, all of the States)
that meet the condition described in section 403(b)(2)(A); and
(3) of the machine-readable-document pilot program (described in section 403(c)) in at least 5 States (or, if fewer, all
of the States) that meet the condition described in section
403(c)(2).
(d) REFERENCES IN SUBTITLE.—In this subtitle—
(1) PILOT PROGRAM REFERENCES.—The terms ‘‘program’’ or
‘‘pilot program’’ refer to any of the 3 pilot programs provided for
under this subtitle.
(2) CONFIRMATION SYSTEM.—The term ‘‘confirmation system’’ means the confirmation system established under section
404.
(3) REFERENCES TO SECTION 274A.—Any reference in this
subtitle to section 274A (or a subdivision of such section) is
deemed a reference to such section (or subdivision thereof) of the
Immigration and Nationality Act.
(4) I–9 OR SIMILAR FORM.—The term ‘‘I–9 or similar form’’
means the form used for purposes of section 274A(b)(1)(A) or
such other form as the Attorney General determines to be appropriate.
(5) LIMITED APPLICATION TO RECRUITERS AND REFERRERS.—Any reference to recruitment or referral (or a recruiter
or referrer) in relation to employment is deemed a reference only

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to such recruitment or referral (or recruiter or referrer) that is
subject to section 274A(a)(1)(B)(ii).
(6) UNITED STATES CITIZENSHIP.—The term ‘‘United States
citizenship’’ includes United States nationality.
(7) STATE.—The term ‘‘State’’ has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act.
SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.

(a) VOLUNTARY ELECTION.—Subject to subsection (c)(3)(B), any
person or other entity that conducts any hiring (or recruitment or
referral) in a State in which a pilot program is operating may elect
to participate in that pilot program. Except as specifically provided
in subsection (e), the Attorney General may not require any person
or other entity to participate in a pilot program.
(b) BENEFIT OF REBUTTABLE PRESUMPTION.—
(1) IN GENERAL.—If a person or other entity is participating
in a pilot program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment
or referral) of an individual for employment in the United
States, the person or entity has established a rebuttable presumption that the person or entity has not violated section
274A(a)(1)(A) with respect to such hiring (or such recruitment
or referral).
(2) CONSTRUCTION.—Paragraph (1) shall not be construed
as preventing a person or other entity that has an election in
effect under subsection (a) from establishing an affirmative defense under section 274A(a)(3) if the person or entity complies
with the requirements of section 274A(a)(1)(B) but fails to obtain confirmation under paragraph (1).
(c) GENERAL TERMS OF ELECTIONS.—
(1) IN GENERAL.—An election under subsection (a) shall be
in such form and manner, under such terms and conditions,
and shall take effect, as the Attorney General shall specify. The
Attorney General may not impose any fee as a condition of making an election or participating in a pilot program.
(2) SCOPE OF ELECTION.—
(A) IN GENERAL.—Subject to paragraph (3), any electing person or other entity may provide that the election
under subsection (a) shall apply (during the period in
which the election is in effect)—
(i) to all its hiring (and all recruitment or referral)
in the State (or States) in which the pilot program is
operating, or
(ii) to its hiring (or recruitment or referral) in one
or more pilot program States or one or more places of
hiring (or recruitment or referral, as the case may be)
in the pilot program States.
(B) APPLICATION OF PROGRAMS IN NON-PILOT PROGRAM
STATES.—In addition, the Attorney General may permit a
person or entity electing—
(i) the basic pilot program (described in section
403(a)) to provide that the election applies to its hiring

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(or recruitment or referral) in one or more States or
places of hiring (or recruitment or referral) in which
the pilot program is not otherwise operating, or
(ii) the citizen attestation pilot program (described
in 403(b)) or the machine-readable-document pilot program (described in section 403(c)) to provide that the
election applies to its hiring (or recruitment or referral)
in one or more States or places of hiring (or recruitment or referral) in which the pilot program is not otherwise operating but only if such States meet the requirements of 403(b)(2)(A) and 403(c)(2), respectively.
(3) ACCEPTANCE AND REJECTION OF ELECTIONS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Attorney General shall accept all elections made
under subsection (a).
(B) REJECTION OF ELECTIONS.—The Attorney General
may reject an election by a person or other entity under this
section or limit its applicability to certain States or places
of hiring (or recruitment or referral) if the Attorney General
has determined that there are insufficient resources to provide appropriate services under a pilot program for the person’s or entity’s hiring (or recruitment or referral) in any or
all States or places of hiring.
(4) TERMINATION OF ELECTIONS.—The Attorney General
may terminate an election by a person or other entity under this
section because the person or entity has substantially failed to
comply with its obligations under the pilot program. A person
or other entity may terminate an election in such form and
manner as the Attorney General shall specify.
(d) CONSULTATION, EDUCATION, AND PUBLICITY.—
(1) CONSULTATION.—The Attorney General shall closely
consult with representatives of employers (and recruiters and
referrers) in the development and implementation of the pilot
programs, including the education of employers (and recruiters
and referrers) about such programs.
(2) PUBLICITY.—The Attorney General shall widely publicize the election process and pilot programs, including the voluntary nature of the pilot programs and the advantages to employers (and recruiters and referrers) of making an election
under this section.
(3) ASSISTANCE THROUGH DISTRICT OFFICES.—The Attorney
General shall designate one or more individuals in each District office of the Immigration and Naturalization Service for a
Service District in which a pilot program is being implemented—
(A) to inform persons and other entities that seek information about pilot programs of the voluntary nature of
such programs, and
(B) to assist persons and other entities in electing and
participating in any pilot programs in effect in the District,
in complying with the requirements of section 274A, and in
facilitating confirmation of the identity and employment
eligibility of individuals consistent with such section.

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(e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN A PILOT
PROGRAM.—
(1) FEDERAL GOVERNMENT.—
(A) EXECUTIVE DEPARTMENTS.—
(i) IN GENERAL.—Each Department of the Federal
Government shall elect to participate in a pilot program and shall comply with the terms and conditions
of such an election.
(ii) ELECTION.—Subject to clause (iii), the Secretary of each such Department—
(I) shall elect the pilot program (or programs)
in which the Department shall participate, and
(II) may limit the election to hiring occurring
in certain States (or geographic areas) covered by
the program (or programs) and in specified divisions within the Department, so long as all hiring
by such divisions and in such locations is covered.
(iii) ROLE OF ATTORNEY GENERAL.—The Attorney
General shall assist and coordinate elections under this
subparagraph in such manner as assures that—
(I) a significant portion of the total hiring
within each Department within States covered by
a pilot program is covered under such a program,
and
(II) there is significant participation by the
Federal Executive branch in each of the pilot programs.
(B) LEGISLATIVE BRANCH.—Each Member of Congress,
each officer of Congress, and the head of each agency of the
legislative branch, that conducts hiring in a State in which
a pilot program is operating shall elect to participate in a
pilot program, may specify which pilot program or programs (if there is more than one) in which the Member, officer, or agency will participate, and shall comply with the
terms and conditions of such an election.
(2) APPLICATION TO CERTAIN VIOLATORS.—An order under
section 274A(e)(4) or section 274B(g) of the Immigration and
Nationality Act may require the subject of the order to participate in, and comply with the terms of, a pilot program with respect to the subject’s hiring (or recruitment or referral) of individuals in a State covered by such a program.
(3) CONSEQUENCE OF FAILURE TO PARTICIPATE.—If a person
or other entity is required under this subsection to participate
in a pilot program and fails to comply with the requirements
of such program with respect to an individual—
(A) such failure shall be treated as a violation of section 274A(a)(1)(B) with respect to that individual, and
(B) a rebuttable presumption is created that the person
or entity has violated section 274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution under section 274A(f)(1).
(f) CONSTRUCTION.—This subtitle shall not affect the authority
of the Attorney General under any other law (including section

116
274A(d)(4)) to conduct demonstration projects in relation to section
274A.
SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.

(a) BASIC PILOT PROGRAM.—A person or other entity that elects
to participate in the basic pilot program described in this subsection
agrees to conform to the following procedures in the case of the hiring (or recruitment or referral) for employment in the United States
of each individual covered by the election:
(1) PROVISION OF ADDITIONAL INFORMATION.—The person
or entity shall obtain from the individual (and the individual
shall provide) and shall record on the I–9 or similar form—
(A) the individual’s social security account number, if
the individual has been issued such a number, and
(B) if the individual does not attest to United States
citizenship under section 274A(b)(2), such identification or
authorization number established by the Immigration and
Naturalization Service for the alien as the Attorney General
shall specify,
and shall retain the original form and make it available for inspection for the period and in the manner required of I–9 forms
under section 274A(b)(3).
(2) PRESENTATION OF DOCUMENTATION.—
(A) IN GENERAL.—The person or other entity, and the
individual whose identity and employment eligibility are
being confirmed, shall, subject to subparagraph (B), fulfill
the requirements of section 274A(b) with the following
modifications:
(i)
A
document
referred
to
in
section
274A(b)(1)(B)(ii) (as redesignated by section 412(a))
must be designated by the Attorney General as suitable
for the purpose of identification in a pilot program.
(ii) A document referred to in section 274A(b)(1)(D)
must contain a photograph of the individual.
(iii) The person or other entity has complied with
the requirements of section 274A(b)(1) with respect to
examination of a document if the document reasonably
appears on its face to be genuine and it reasonably appears to pertain to the individual whose identity and
work eligibility is being confirmed.
(B) LIMITATION OF REQUIREMENT TO EXAMINE DOCUMENTATION.—If the Attorney General finds that a pilot program would reliably determine with respect to an individual whether—
(i) the person with the identity claimed by the individual is authorized to work in the United States, and
(ii) the individual is claiming the identity of another person,
if a person or entity could fulfill the requirement to examine documentation contained in subparagraph (A) of section
274A(b)(1) by examining a document specified in either
subparagraph (B) or (D) of such section, the Attorney General may provide that, for purposes of such requirement,
only such a document need be examined. In such case, any

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reference in section 274A(b)(1)(A) to a verification that an
individual is not an unauthorized alien shall be deemed to
be a verification of the individual’s identity.
(3) SEEKING CONFIRMATION.—
(A) IN GENERAL.—The person or other entity shall
make an inquiry, as provided in section 404(a)(1), using the
confirmation system to seek confirmation of the identity
and employment eligibility of an individual, by not later
than the end of 3 working days (as specified by the Attorney General) after the date of the hiring (or recruitment or
referral, as the case may be).
(B) EXTENSION OF TIME PERIOD.—If the person or other
entity in good faith attempts to make an inquiry during
such 3 working days and the confirmation system has registered that not all inquiries were received during such
time, the person or entity can make an inquiry in the first
subsequent working day in which the confirmation system
registers that it has received all inquiries. If the confirmation system cannot receive inquiries at all times during a
day, the person or entity merely has to assert that the entity
attempted to make the inquiry on that day for the previous
sentence to apply to such an inquiry, and does not have to
provide any additional proof concerning such inquiry.
(4) CONFIRMATION OR NONCONFIRMATION.—
(A) CONFIRMATION UPON INITIAL INQUIRY.—If the person or other entity receives an appropriate confirmation of
an individual’s identity and work eligibility under the confirmation system within the time period specified under section 404(b), the person or entity shall record on the I–9 or
similar form an appropriate code that is provided under
the system and that indicates a final confirmation of such
identity and work eligibility of the individual.
(B) NONCONFIRMATION UPON INITIAL INQUIRY AND SECONDARY VERIFICATION.—
(i) NONCONFIRMATION.—If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the confirmation
system within the time period specified under 404(b),
the person or entity shall so inform the individual for
whom the confirmation is sought.
(ii) NO CONTEST.—If the individual does not contest the nonconfirmation within the time period specified in section 404(c), the nonconfirmation shall be considered final. The person or entity shall then record on
the I–9 or similar form an appropriate code which has
been provided under the system to indicate a tentative
nonconfirmation.
(iii) CONTEST.—If the individual does contest the
nonconfirmation, the individual shall utilize the process for secondary verification provided under section
404(c). The nonconfirmation will remain tentative until
a final confirmation or nonconfirmation is provided by
the confirmation system within the time period specified in such section. In no case shall an employer ter-

118
minate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall
apply to a termination of employment for any reason
other than because of such a failure.
(iv) RECORDING OF CONCLUSION ON FORM.—If a
final confirmation or nonconfirmation is provided by
the confirmation system under section 404(c) regarding
an individual, the person or entity shall record on the
I–9 or similar form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility
of the individual.
(C) CONSEQUENCES OF NONCONFIRMATION.—
(i) TERMINATION OR NOTIFICATION OF CONTINUED
EMPLOYMENT.—If the person or other entity has received a final nonconfirmation regarding an individual
under subparagraph (B), the person or entity may terminate employment (or recruitment or referral) of the
individual. If the person or entity does not terminate
employment (or recruitment or referral) of the individual, the person or entity shall notify the Attorney General of such fact through the confirmation system or in
such other manner as the Attorney General may specify.
(ii) FAILURE TO NOTIFY.—If the person or entity
fails to provide notice with respect to an individual as
required under clause (i), the failure is deemed to constitute a violation of section 274A(a)(1)(B) with respect
to that individual and the applicable civil monetary
penalty under section 274A(e)(5) shall be (notwithstanding the amounts specified in such section) no less
than $500 and no more than $1,000 for each individual with respect to whom such violation occurred.
(iii) CONTINUED EMPLOYMENT AFTER FINAL NONCONFIRMATION.—If the person or other entity continues
to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated
section 274A(a)(1)(A). The previous sentence shall not
apply in any prosecution under section 274A(f)(1).
(b) CITIZEN ATTESTATION PILOT PROGRAM.—
(1) IN GENERAL.—Except as provided in paragraphs (3)
through (5), the procedures applicable under the citizen attestation pilot program under this subsection shall be the same procedures as those under the basic pilot program under subsection
(a).
(2) RESTRICTIONS.—
(A) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN
PILOT PROGRAM.—The Attorney General may not provide
for the operation of the citizen attestation pilot program in
a State unless each driver’s license or similar identification

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document described in section 274A(b)(1)(D)(i) issued by the
State—
(i) contains a photograph of the individual involved, and
(ii) has been determined by the Attorney General to
have security features, and to have been issued through
application and issuance procedures, which make such
document sufficiently resistant to counterfeiting, tampering, and fraudulent use that it is a reliable means
of identification for purposes of this section.
(B) AUTHORIZATION TO LIMIT EMPLOYER PARTICIPATION.—The Attorney General may restrict the number of
persons or other entities that may elect to participate in the
citizen attestation pilot program under this subsection as
the Attorney General determines to be necessary to produce
a representative sample of employers and to reduce the potential impact of fraud.
(3) NO CONFIRMATION REQUIRED FOR CERTAIN INDIVIDUALS
ATTESTING TO U.S. CITIZENSHIP.—In the case of a person or
other entity hiring (or recruiting or referring) an individual
under the citizen attestation pilot program, if the individual attests to United States citizenship (under penalty of perjury on
an I–9 or similar form which form states on its face the criminal and other penalties provided under law for a false representation of United States citizenship)—
(A) the person or entity may fulfill the requirement to
examine documentation contained in subparagraph (A) of
section 274A(b)(1) by examining a document specified in either subparagraph (B)(i) or (D) of such section; and
(B) the person or other entity is not required to comply
with respect to such individual with the procedures described in paragraphs (3) and (4) of subsection (a), but only
if the person or entity retains the form and makes it available for inspection in the same manner as in the case of an
I–9 form under section 274A(b)(3).
(4) WAIVER OF DOCUMENT PRESENTATION REQUIREMENT IN
CERTAIN CASES.—
(A) IN GENERAL.—In the case of a person or entity that
elects, in a manner specified by the Attorney General consistent with subparagraph (B), to participate in the pilot
program under this paragraph, if an individual being
hired (or recruited or referred) attests (in the manner described in paragraph (3)) to United States citizenship and
the person or entity retains the form on which the attestation is made and makes it available for inspection in the
same manner as in the case of an I–9 form under section
274A(b)(3), the person or entity is not required to comply
with the procedures described in section 274A(b).
(B) RESTRICTION.—The Attorney General shall restrict
the election under this paragraph to no more than 1,000
employers and, to the extent practicable, shall select among
employers seeking to make such election in a manner that
provides for such an election by a representative sample of
employers.

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(5) NONREVIEWABLE DETERMINATIONS.—The determinations
of the Attorney General under paragraphs (2) and (4) are within the discretion of the Attorney General and are not subject to
judicial or administrative review.
(c) MACHINE-READABLE-DOCUMENT PILOT PROGRAM.—
(1) IN GENERAL.—Except as provided in paragraph (3), the
procedures applicable under the machine-readable-document
pilot program under this subsection shall be the same procedures as those under the basic pilot program under subsection
(a).
(2) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN
PILOT PROGRAM.—The Attorney General may not provide for the
operation of the machine-readable-document pilot program in a
State unless driver’s licenses and similar identification documents described in section 274A(b)(1)(D)(i) issued by the State
include a machine-readable social security account number.
(3) USE OF MACHINE-READABLE DOCUMENTS.—If the individual whose identity and employment eligibility must be confirmed presents to the person or entity hiring (or recruiting or
referring) the individual a license or other document described
in paragraph (2) that includes a machine-readable social security account number, the person or entity must make an inquiry
through the confirmation system by using a machine-readable
feature of such document. If the individual does not attest to
United States citizenship under section 274A(b)(2), the individual’s identification or authorization number described in subsection (a)(1)(B) shall be provided as part of the inquiry.
(d) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE
BASIS OF INFORMATION PROVIDED BY THE CONFIRMATION SYSTEM.—
No person or entity participating in a pilot program shall be civilly
or criminally liable under any law for any action taken in good
faith reliance on information provided through the confirmation
system.
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

(a) IN GENERAL.—The Attorney General shall establish a pilot
program confirmation system through which the Attorney General
(or a designee of the Attorney General, which may be a nongovernmental entity)—
(1) responds to inquiries made by electing persons and
other entities (including those made by the transmittal of data
from machine-readable documents under the machine-readable
pilot program) at any time through a toll-free telephone line or
other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed,
and
(2) maintains records of the inquiries that were made, of
confirmations provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under the pilot programs.
To the extent practicable, the Attorney General shall seek to establish such a system using one or more nongovernmental entities.
(b) INITIAL RESPONSE.—The confirmation system shall provide
confirmation or a tentative nonconfirmation of an individual’s iden-

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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.
(c) SECONDARY VERIFICATION PROCESS IN CASE OF TENTATIVE
NONCONFIRMATION.—In cases of tentative nonconfirmation, the Attorney General shall specify, in consultation with the Commissioner
of Social Security and the Commissioner of the Immigration and
Naturalization Service, an available secondary verification process
to confirm the validity of information provided and to provide a
final confirmation or nonconfirmation within 10 working days after
the date of the tentative nonconfirmation. When final confirmation
or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation.
(d) DESIGN AND OPERATION OF SYSTEM.—The confirmation system shall be designed and operated—
(1) to maximize its reliability and ease of use by persons
and other entities making elections under section 402(a) consistent with insulating and protecting the privacy and security of
the underlying information;
(2) to respond to all inquiries made by such persons and
entities on whether individuals are authorized to be employed
and to register all times when such inquiries are not received;
(3) with appropriate administrative, technical, and physical
safeguards to prevent unauthorized disclosure of personal information; and
(4) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national
origin or citizenship status, including—
(A) the selective or unauthorized use of the system to
verify eligibility;
(B) the use of the system prior to an offer of employment; or
(C) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood
that additional verification will be required, beyond what
is required for most job applicants.
(e) RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECURITY.—As part of the confirmation system, the Commissioner of Social Security, in consultation with the entity responsible for administration of the system, shall establish a reliable, secure method,
which, within the time periods specified under subsections (b) and
(c), compares the name and social security account number provided
in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the
name and number, and whether the individual has presented a social security account number that is not valid for employment. The
Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation).
(f) RESPONSIBILITIES OF THE COMMISSIONER OF THE IMMIGRATION AND NATURALIZATION SERVICE.—As part of the confirmation

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system, the Commissioner of the Immigration and Naturalization
Service, in consultation with the entity responsible for administration of the system, shall establish a reliable, secure method, which,
within the time periods specified under subsections (b) and (c), compares the name and alien identification or authorization number described in section 403(a)(1)(B) which are provided in an inquiry
against such information maintained by the Commissioner in order
to confirm (or not confirm) the validity of the information provided,
the correspondence of the name and number, and whether the alien
is authorized to be employed in the United States.
(g) UPDATING INFORMATION.—The Commissioners of Social Security and the Immigration and Naturalization Service shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to
their attention in the secondary verification process described in
subsection (c).
(h) LIMITATION ON USE OF THE CONFIRMATION SYSTEM AND
ANY RELATED SYSTEMS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, nothing in this subtitle shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, data base, or
other records assembled under this subtitle for any other purpose other than as provided for under a pilot program.
(2) NO NATIONAL IDENTIFICATION CARD.—Nothing in this
subtitle shall be construed to authorize, directly or indirectly,
the issuance or use of national identification cards or the establishment of a national identification card.
SEC. 405. REPORTS.

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

Subtitle B—Other Provisions Relating to
Employer Sanctions
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS
OF PAPERWORK REQUIREMENTS.

(a) IN GENERAL.—Section 274A(b) (8 U.S.C. 1324a(b)) is
amended by adding at the end the following new paragraph:
‘‘(6) GOOD FAITH COMPLIANCE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), a person or entity is considered to have

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complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with
the requirement.
‘‘(B) EXCEPTION IF FAILURE TO CORRECT AFTER NOTICE.—Subparagraph (A) shall not apply if—
‘‘(i) the Service (or another enforcement agency)
has explained to the person or entity the basis for the
failure,
‘‘(ii) the person or entity has been provided a period of not less than 10 business days (beginning after
the date of the explanation) within which to correct the
failure, and
‘‘(iii) the person or entity has not corrected the failure voluntarily within such period.
‘‘(C) EXCEPTION FOR PATTERN OR PRACTICE VIOLATORS.—Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to failures occurring on or after the date of the enactment of this Act.
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.

(a) REDUCING THE NUMBER OF DOCUMENTS
PLOYMENT VERIFICATION.—Section 274A(b)(1) (8

ACCEPTED FOR EMU.S.C. 1324a(b)(1))

is amended—
(1) in subparagraph (B)—
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ‘‘or other alien registration
card, if the card’’ and inserting ‘‘, alien registration card,
or other document designated by the Attorney General, if
the document’’ and redesignating such clause as clause (ii),
and
(C) in clause (ii), as so redesignated—
(i) in subclause (I), by striking ‘‘or’’ before ‘‘such
other personal identifying information’’ and inserting
‘‘and’’,
(ii) by striking ‘‘and’’ at the end of subclause (I),
(iii) by striking the period at the end of subclause
(II) and inserting ‘‘, and’’, and
(iv) by adding at the end the following new subclause:
‘‘(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.’’;
(2) in subparagraph (C)—
(A) by adding ‘‘or’’ at the end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause (ii); and
(3) by adding at the end the following new subparagraph:
‘‘(E) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS.—If the Attorney General finds, by regulation, that
any document described in subparagraph (B), (C), or (D) as

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establishing employment authorization or identity does not
reliably establish such authorization or identity or is being
used fraudulently to an unacceptable degree, the Attorney
General may prohibit or place conditions on its use for purposes of this subsection.’’.
(b) REDUCTION OF PAPERWORK FOR CERTAIN EMPLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end
the following new paragraph:
‘‘(6) TREATMENT OF DOCUMENTATION FOR CERTAIN EMPLOYEES.—
‘‘(A) IN GENERAL.—For purposes of this section, if—
‘‘(i) an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more
employee organizations and an association of two or
more employers, by an employer that is a member of
such association, and
‘‘(ii) within the period specified in subparagraph
(B), another employer that is a member of the association (or an agent of such association on behalf of the
employer) has complied with the requirements of subsection (b) with respect to the employment of the individual,
the subsequent employer shall be deemed to have complied
with the requirements of subsection (b) with respect to the
hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5).
‘‘(B) PERIOD.—The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States.
‘‘(C) LIABILITY.—
‘‘(i) IN GENERAL.—If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions
of subparagraph (A) to comply with the requirements of
subsection (b) and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of
hiring or afterward that the individual was an alien
not authorized to work in the United States.
‘‘(ii) REBUTTAL OF PRESUMPTION.—The presumption established by clause (i) may be rebutted by the
employer only through the presentation of clear and
convincing evidence that the employer did not know
(and could not reasonably have known) that the individual at the time of hiring or afterward was an alien
not authorized to work in the United States.
‘‘(iii) EXCEPTION.—Clause (i) shall not apply in
any prosecution under subsection (f)(1).’’.
(c) ELIMINATION OF DATED PROVISIONS.—Section 274A (8
U.S.C. 1324a) is amended by striking subsections (i) through (n).
(d) CLARIFICATION OF APPLICATION TO FEDERAL GOVERNMENT.—Section 274A(a) (8 U.S.C. 1324a(a)), as amended by sub-

125
section (b), is amended by adding at the end the following new
paragraph:
‘‘(7) APPLICATION TO FEDERAL GOVERNMENT.—For purposes
of this section, the term ‘entity’ includes an entity in any branch
of the Federal Government.’’.
(e) EFFECTIVE DATES.—
(1) The amendments made by subsection (a) shall apply
with respect to hiring (or recruitment or referral) occurring on
or after such date (not later than 12 months after the date of
the enactment of this Act) as the Attorney General shall designate.
(2) The amendment made by subsection (b) shall apply to
individuals hired on or after 60 days after the date of the enactment of this Act.
(3) The amendment made by subsection (c) shall take effect
on the date of the enactment of this Act.
(4) The amendment made by subsection (d) applies to hiring occurring before, on, or after the date of the enactment of
this Act, but no penalty shall be imposed under subsection (e)
or (f) of section 274A of the Immigration and Nationality Act
for such hiring occurring before such date.
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR ENFORCEMENT OF EMPLOYER SANCTIONS PROVISIONS.

(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the
Senate a report on any additional authority or resources needed—
(1) by the Immigration and Naturalization Service in order
to enforce section 274A of the Immigration and Nationality Act,
or
(2) by Federal agencies in order to carry out the Executive
Order of February 13, 1996 (entitled ‘‘Economy and Efficiency
in Government Procurement Through Compliance with Certain
Immigration and Naturalization Act Provisions’’) and to expand the restrictions in such order to cover agricultural subsidies, grants, job training programs, and other Federally subsidized assistance programs.
(b) REFERENCE TO INCREASED AUTHORIZATION OF APPROPRIATIONS.—For provision increasing the authorization of appropriations for investigators for violations of sections 274 and 274A of the
Immigration and Nationality Act, see section 131.
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO
WORK.

(a) IN GENERAL.—Subsection (c) of section 290 (8 U.S.C. 1360)
is amended to read as follows:
‘‘(c)(1) Not later than 3 months after the end of each fiscal year
(beginning with fiscal year 1996), the Commissioner of Social Security shall report to the Committees on the Judiciary of the House of
Representatives and the Senate on the aggregate quantity of social
security account numbers issued to aliens not authorized to be employed, with respect to which, in such fiscal year, earnings were reported to the Social Security Administration.

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‘‘(2) If earnings are reported on or after January 1, 1997, to the
Social Security Administration on a social security account number
issued to an alien not authorized to work in the United States, the
Commissioner of Social Security shall provide the Attorney General
with information regarding the name and address of the alien, the
name and address of the person reporting the earnings, and the
amount of the earnings. The information shall be provided in an
electronic form agreed upon by the Commissioner and the Attorney
General.’’.
(b) REPORT ON FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT NUMBERS.—The Commissioner of Social Security shall
transmit to the Attorney General, by not later than 1 year after the
date of the enactment of this Act, a report on the extent to which
social security account numbers and cards are used by aliens for
fraudulent purposes.
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON
ALIENS.

Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the Attorney
General is authorized to require any alien to provide the alien’s social security account number for purposes of inclusion in any record
of the alien maintained by the Attorney General or the Service.’’.
SEC. 416. SUBPOENA AUTHORITY.

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

Subtitle C—Unfair Immigration-Related
Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

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

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TITLE V—RESTRICTIONS ON BENEFITS
FOR ALIENS
SEC. 500. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.

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

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Subtitle A—Ineligibility of Excludable Deportable, and Nonimmigrant Aliens From
Public Assistance and Benefits
SEC. 501. MEANS-TESTED PUBLIC BENEFITS.

(a) IN GENERAL.—Except as provided in subsection (b), and notwithstanding any other provision of law, an ineligible alien (as defined in subsection (d)) shall not be eligible to receive any meanstested public benefits (as defined in subsection (e)).
(b) EXCEPTIONS.—Subsection (a) shall not apply to any of the
following benefits:
(1)(A) Medical assistance under title XIX of the Social Security Act (or any successor program to such title) for care and
services that are necessary for the treatment of an emergency
medical condition of the alien involved and are not related to
an organ transplant procedure.
(B) For purposes of this paragraph, the term ‘‘emergency
medical condition’’ means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms
of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in—
(i) placing the patient’s health in serious jeopardy,
(ii) serious impairment to bodily functions, or
(iii) serious dysfunction of any bodily organ or part.
(2) Short-term noncash emergency disaster relief.
(3) Assistance or benefits under any of the following (including any successor program to any of the following as identified by the Attorney General in consultation with other appropriate officials):
(A) The National School Lunch Act (42 U.S.C. 1751 et
seq.).
(B) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
(C) Section 4 of the Agriculture and Consumer Protection Act of 1973 (Public Law 93–86; 7 U.S.C. 612c note).
(D) The Emergency Food Assistance Act of 1983 (Public
Law 98–8; 7 U.S.C. 612c note).
(E) Section 110 of the Hunger Prevention Act of 1988
(Public Law 100–435; 7 U.S.C. 612c note).
(F) The food distribution program on Indian reservations established under section 4(b) of Public Law 88–525
(7 U.S.C. 2013(b)).
(4) Public health assistance for immunizations and, if the
Secretary of Health and Human Services determines that it is
necessary to prevent the spread of a serious communicable disease, for testing and treatment for any such diseases (which
may not include treatment for HIV infection or acquired immune deficiency syndrome).
(5) Such other in-kind service or noncash assistance (such
as soup kitchens, crisis counseling, intervention (including
intervention for domestic violence), and short-term shelter) as
the Attorney General specifies, in the Attorney General’s sole

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and unreviewable discretion, after consultation with appropriate government agencies, if—
(A) such service or assistance is delivered at the community level, including through public or private nonprofit
agencies;
(B) such service or assistance is necessary for the protection of life, safety, or public health; and
(C) such service or assistance or the amount or cost of
such service or assistance is not conditioned on the recipient’s income or resources.
(6) Benefits under laws administered by the Secretary of
Veterans Affairs and any other benefit available by reason of
service in the United States Armed Forces.
(c) ELIGIBLE ALIEN DEFINED.—For the purposes of this section—
(1) IN GENERAL.—The term ‘‘eligible alien’’ means an
alien—
(A) who is an alien lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(B) who is an alien granted asylum under section 208
of such Act,
(C) who is an alien admitted as a refugee under section
207 of such Act,
(D) whose deportation has been withheld under section
241(b)(3) of such Act (as amended by section 305(a)(3)), or
(E) who is paroled into the United States under section
212(d)(5) of such Act for a period of at least 1 year, but
only for the first year of such parole.
(2) INCLUSION OF CERTAIN BATTERED ALIENS.—Such term
includes—
(A) an alien who—
(i) has been battered or subjected to extreme cruelty
in the United States by a spouse or a parent, or by a
member of the spouse or parent’s family residing in the
same household as the alien and the spouse or parent
consented to, or acquiesced in, such battery or cruelty,
but only if (in the opinion of the Attorney General,
which opinion is not subject to review by any court)
there is a substantial connection between such battery
or cruelty and the need for the benefits to be provided;
and
(ii) has been approved or has a petition pending
which sets forth a prima facie case for—
(I) status as a spouse or a child of a United
States citizen pursuant to clause (ii), (iii), or (iv) of
section 204(a)(1)(A) of the Immigration and Nationality Act,
(II) classification pursuant to clause (ii) or (iii)
of section 204(a)(1)(B) of the Act,
(III) suspension of deportation and adjustment
of status pursuant to section 244(a)(3) of such Act,
or
(IV) status as a spouse or child of a United
States citizen pursuant to clause (i) of section

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204(a)(1)(A) of such Act, or classification pursuant
to clause (i) of section 204(a)(1)(B) of such Act; or
(B) an alien—
(i) whose child has been battered or subjected to
extreme cruelty in the United States by a spouse or a
parent of the alien (without the active participation of
the alien in the battery or cruelty), or by a member of
the spouse or parent’s family residing in the same
household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the
alien did not actively participate in such battery or
cruelty, but only if (in the opinion of the Attorney General, which opinion is not subject to review by any
court) there is a substantial connection between such
battery or cruelty and the need for the benefits to be
provided; and
(ii) who meets the requirement of clause (ii) of subparagraph (A).
Such term shall not apply to an alien during any period in
which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty.
(d) INELIGIBLE ALIEN DEFINED.—For purposes of this section,
the term ‘‘ineligible alien’’ means an individual who is not—
(1) a citizen or national of the United States; or
(2) an eligible alien.
(e) MEANS-TESTED PUBLIC BENEFIT.—For purposes of this section, the term ‘‘means-tested public benefit’’ means any public benefit (including cash, medical, housing, food, and social services) provided or funded in whole or in part by the Federal Government, or
by a State or political subdivision of a State, in which the eligibility
of an individual, household, or family eligibility unit for the benefit
or the amount of the benefit, or both, are determined on the basis
of income, resources, or financial need of the individual, household,
or unit.
(f) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall apply to benefits provided on or after such date as the Attorney General specifies in
regulations under paragraph (2). Such date shall be at least 30
days, and not more than 60 days, after the date the Attorney
General first issues such regulations.
(2) REGULATIONS.—The Attorney General (in consultation
with the heads of other appropriate agencies) shall first issue
regulations to carry out this section not later than 180 days
after the date of the enactment of this Act. Such regulations
shall be effective on an interim basis, pending change after opportunity for public comment.
(3) WAIVER AUTHORITY.—The Attorney General is authorized to waive any provision of this section in the case of applications pending on the effective date of such provision.
SEC. 502. GRANTS, CONTRACTS, AND LICENSES.

(a) IN GENERAL.—Except as provided in subsection (b) and notwithstanding any other provision of law, an ineligible alien (as defined in section 501(d)) shall not be eligible for any grant, contract,

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loan, professional license, driver’s license, or commercial license provided or funded by any agency of the United States or any State or
political subdivision of a State.
(b) EXCEPTIONS.—
(1) NONIMMIGRANT ALIEN AUTHORIZED TO WORK IN THE
UNITED STATES.—Subsection (a) shall not apply to an alien in
lawful nonimmigrant status who is authorized to work in the
United States with respect to the following:
(A) Any professional or commercial license required to
engage in such work.
(B) Any contract.
(C) A driver’s license.
(2) NONIMMIGRANT ALIEN.—Subsection (a) shall not apply
to an alien in lawful nonimmigrant status with respect to a
driver’s license.
(3) ALIEN OUTSIDE THE UNITED STATES.—Subsection (a)
shall not apply to an alien who is outside of the United States
with respect to any contract.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall apply to contracts or
loan agreements entered into, and professional, commercial,
and driver’s licenses issued (or renewed), on or after such date
as the Attorney General specifies in regulations under paragraph (2). Such date shall be at least 30 days, and not more
than 60 days, after the date the Attorney General first issues
such regulations.
(2) REGULATIONS.—The Attorney General (in consultation
with the heads of other appropriate agencies) shall first issue
regulations to carry out this section not later than 180 days
after the date of the enactment of this Act. Such regulations
shall be effective on an interim basis, pending change after opportunity for public comment.
(3) WAIVER AUTHORITY.—The Attorney General is authorized to waive any provision of this section in the case of applications pending on the effective date of such provision.
SEC. 503. UNEMPLOYMENT BENEFITS.

(a) ELIMINATION OF CREDITING EMPLOYMENT MERELY ON BASIS
PRUCOL STATUS.—Section 3304(a)(14)(A) of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘, was lawfully’’ and inserting ‘‘or was lawfully’’, and
(2) by striking ‘‘, or was permanently’’ and all that follows
up to the comma at the end.
(b) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply with respect to certifications of States for 1998 and subsequent years, or for 1999 and subsequent years in the case of States
the legislatures of which do not meet in a regular session which
closes in the calendar year 1997.
(c) REPORT.—The Secretary of Labor, in consultation with the
Attorney General, shall provide for a study of the impact of limiting
eligibility for unemployment compensation only to individuals who
are citizens or nationals of the United States or eligible aliens (as
defined in section 501(c)). Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit a report on
OF

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such study to the Committee on the Judiciary and the Committee
on Labor and Human Resources of the Senate and the Committee
on the Judiciary and the Committee on Economic and Educational
Opportunities of the House of Representatives.
SEC. 504. SOCIAL SECURITY BENEFITS.

(a) INELIGIBILITY OF ALIENS NOT LAWFULLY PRESENT FOR SOSECURITY BENEFITS.—
(1) IN GENERAL.—Section 202 of the Social Security Act (42
U.S.C. 402) is amended by adding at the end the following new
subsection:

CIAL

‘‘Limitation on Payments to Aliens
‘‘(y) Notwithstanding any other provision of law, no monthly
benefit under this title shall be payable to any alien in the United
States for any month during which such alien is not lawfully
present in the United States as determined by the Attorney General.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply with respect to benefits for which applications
are filed on or after the first day of the first month that begins
at least 60 days after the date of the enactment of this Act.
(b) NO CREDITING FOR UNAUTHORIZED EMPLOYMENT.—
(1) IN GENERAL.—Section 210 of such Act (42 U.S.C. 410)
is amended by adding at the end the following new subsection:
‘‘Demonstration of Required Citizenship Status
‘‘(s) For purposes of this title, service performed by an individual in the United States shall constitute ‘employment’ only if it is
demonstrated to the satisfaction of the Commissioner of Social Security that such service was performed by such individual while such
individual was a citizen, a national, a permanent resident, or otherwise authorized to be employed in the United States in such service.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply with respect to services performed after December 31, 1996.
(c) TRADE OR BUSINESS.—
(1) IN GENERAL.—Section 211 of such Act (42 U.S.C. 411)
is amended by adding at the end the following new subsection:
‘‘Demonstration of Required Citizenship Status
‘‘(j) For purposes of this title, a trade or business (as defined in
subsection (c)) carried on in the United States by any individual
shall constitute a ‘trade or business’ only if it is demonstrated to the
satisfaction of the Commissioner of Social Security that such trade
or business (as so defined) was carried on by such individual while
such individual was a citizen, a national, a permanent resident, or
otherwise lawfully present in the United States carrying on such
trade or business.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply with respect to any trade or business carried on
after December 31, 1996.

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(d) CONSTRUCTION.—Nothing in the amendments made by this
section shall be construed to affect the application of chapter 2 or
chapter 21 of the Internal Revenue Code of 1986.
SEC. 505. REQUIRING PROOF OF IDENTITY FOR CERTAIN PUBLIC ASSISTANCE.

(a) REVISION OF SAVE PROGRAM.—
(1) IN GENERAL.—Paragraph (2) of section 1137(d) of the
Social Security Act (42 U.S.C. 1320b–7(d)) is amended to read
as follows:
‘‘(2) There must be presented the item (or items) described
in one of the following subparagraphs for that individual:
‘‘(A) A United States passport (either current or expired
if issued both within the previous 12 years and after the individual attained 18 years of age).
‘‘(B) A resident alien card or an alien registration card,
if the card (i) contains a photograph of the individual and
(ii) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
‘‘(C) A driver’s license or similar document issued for
the purpose of identification by a State, if it contains a photograph of the individual.
‘‘(D) If the individual attests to being a citizen or national of the United States and that the individual does not
have other documentation under this paragraph (under
penalty of perjury), such other documents or evidence that
identify the individual as the Attorney General may designate as constituting reasonable evidence indicating United States citizenship or nationality.’’.
(2) TEMPORARY ELIGIBILITY FOR BENEFITS.—Section 1137(d)
of such Act is further amended by adding after paragraph (5)
the following new paragraph (6):
‘‘(6) If at the time of application for benefits, the documentation under paragraph (2) is not presented or verified,
such benefits may be provided to the applicant for not more
than 2 months, if—
‘‘(A) the applicant provides a written attestation (under
penalty of perjury) that the applicant is a citizen or national of the United States, or
‘‘(B) the applicant provides documentation certified by
the Department of State or the Department of Justice,
which the Attorney General determines constitutes reasonable evidence indicating satisfactory immigration status.’’.
(3) CONFORMING AMENDMENTS.—Section 1137(d) of such
Act is further amended in paragraph (3), by striking ‘‘(2)(A) is
presented’’ and inserting ‘‘(2)(B) is presented and contains the
individual’s alien admission number or alien file number (or
numbers if the individual has more than one number)’’.
(b) SSI.—Section 1631(e) of such Act (42 U.S.C. 1383(e)(7)) is
amended by adding at the end the following new paragraph:
‘‘(8) The Commissioner of Social Security shall provide for the
application under this title of rules similar to the requirements of
section 1137(d), insofar as they apply to the verification of immigration or citizenship status for eligibility for supplemental security income benefits under this title.’’.

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(c) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall apply to application for
benefits filed on or after such date as the Attorney General
specifies in regulations under paragraph (2). Such date shall be
at least 60 days, and not more than 90 days, after the date the
Attorney General first issues such regulations.
(2) REGULATIONS.—The Attorney General (in consultation
with the heads of other appropriate agencies) shall first issue
regulations to carry out this section (and the amendments made
by this section) not later than 180 days after the date of the enactment of this Act. Such regulations shall be effective on an interim basis, pending change after opportunity for public comment.
SEC. 506. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF ELIGIBILITY FOR STATE PROGRAMS.

(a) IN GENERAL.—In carrying out this title (and the amendments made by this title), subject to section 510, a State or political
subdivision is authorized to require an applicant for benefits under
a program of a State or political subdivision to provide proof of eligibility consistent with the provisions of this title.
(b) EFFECTIVE DATE.—This section shall take effect on the date
of the enactment of this Act.
SEC. 507. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF ALIENS NOT LAWFULLY PRESENT ON BASIS OF
RESIDENCE FOR HIGHER EDUCATION BENEFITS.

(a) IN GENERAL.—Notwithstanding any other provision of law,
an alien who is not lawfully present in the United States shall not
be eligible on the basis of residence within a State (or a political
subdivision) for any postsecondary education benefit unless a citizen
or national of the United States is eligible for such a benefit (in no
less an amount, duration, and scope) without regard to whether the
citizen or national is such a resident.
(b) EFFECTIVE DATE.—This section shall apply to benefits provided on or after July 1, 1998.
SEC. 508. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL STUDENT FINANCIAL ASSISTANCE.

(a) IN GENERAL.—No student shall be eligible for postsecondary
Federal student financial assistance unless—
(1) the student has certified that the student is a citizen or
national of the United States or an alien lawfully admitted for
permanent residence, and
(2) the Secretary of Education has verified such certification.
(b) REPORT REQUIREMENT.—
(1) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Education and the
Commissioner of Social Security shall jointly submit to the appropriate committees of the Congress a report on the computer
matching program of the Department of Education under section 484(p) of the Higher Education Act of 1965.
(2) REPORT ELEMENTS.—The report under paragraph (1)
shall include the following:

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(A) An assessment by the Secretary and the Commissioner of the effectiveness of the computer matching program, and a justification for such assessment.
(B) The ratio of successful matches under the program
to inaccurate matches.
(C) Such other information as the Secretary and the
Commissioner jointly consider appropriate.
(3) APPROPRIATE COMMITTEES OF THE CONGRESS.—For
purposes of this subsection the term ‘‘appropriate committees of
the Congress’’ means the Committee on Economic and Educational Opportunities and the Committee on the Judiciary of
the House of Representatives and the Committee on Labor and
Human Resources and the Committee on the Judiciary of the
Senate.
(c) EFFECTIVE DATE.—This section shall take effect on the date
of the enactment of this Act.
SEC. 509. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF
SOCIAL SECURITY AND HIGHER EDUCATIONAL ASSISTANCE.

(a) SOCIAL SECURITY ACT STATE INCOME AND ELIGIBILITY VERIFICATION SYSTEMS.—Section 1137(d)(4)(B)(i)) of the Social Security
Act (42 U.S.C. 1320b–7(d)(4)(B)(i)) is amended to read as follows:
‘‘(i) the State shall transmit to the Immigration
and Naturalization Service either photostatic or other
similar copies of such documents, or information from
such documents, as specified by the Immigration and
Naturalization Service, for official verification,’’.
(b) ELIGIBILITY FOR ASSISTANCE UNDER HIGHER EDUCATION
ACT OF 1965.—Section 484(g)(4)(B)(i) of the Higher Education Act
of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as follows:
‘‘(i) the institution shall transmit to the Immigration and Naturalization Service either photostatic or
other similar copies of such documents, or information
from such documents, as specified by the Immigration
and Naturalization Service, for official verification,’’.
SEC. 510. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE ORGANIZATIONS.

(a) IN GENERAL.—Subject to subsection (b), and notwithstanding any other provision of this title, a nonprofit charitable organization, in providing any means-tested public benefit (as defined in section 501(e), but not including any hospital benefit, as defined by the
Attorney General in consultation with Secretary of Health and
Human Services) is not required to determine, verify, or otherwise
require proof of eligibility of any applicant for such benefits.
(b) REQUIREMENT OF STATE OR FEDERAL DETERMINATION OF
ELIGIBILITY.—
(1) IN GENERAL.—Except as provided in paragraph (3), in
order for a nonprofit charitable organization to provide to an
applicant any means-tested public benefit, the organization
shall obtain the following:
(A) In the case of a citizen or national of the United
States, a written attestation (under penalty of perjury) that
the applicant is a citizen or national of the United States.

136
(B) In the case of an alien and subject to paragraph
(2), written verification, from an appropriate State or Federal agency, of the applicant’s eligibility for assistance or
benefits and the amount of assistance or benefits for which
the applicant is eligible.
(2) NO NOTIFICATION WITHIN 10 DAYS.—If the organization
is not notified within 10 business days after a request of an appropriate State or Federal agency for verification under paragraph (1)(B), the requirement under paragraph (1) shall not
apply to any means-tested public benefit provided to such applicant by the organization until 30 calendar days after such notification is received.
(3) LIMITATIONS.—
(A) PRIVATE FUNDS.—The requirement under paragraph (1) shall not apply to assistance or benefits provided
through private funds.
(B) SECTION 501 EXCEPTED BENEFITS.—The requirement under paragraph (1) shall not apply to assistance or
benefits described in section 501(b) which are not subject to
the limitations of section 501(a).
(4) ADMINISTRATION.—
(A) IN GENERAL.—The Attorney General shall through
regulation provide for an appropriate procedure for the verification required under paragraph (1)(B).
(B) TIME PERIOD FOR RESPONSE.—The appropriate
State or Federal agencies shall provide for a response to a
request for verification under paragraph (1)(B) of an applicant’s eligibility under section 501(a) of this title and the
amount of eligibility under section 552 (or comparable provisions of State law as authorized under section 553 or
554) not later than 10 business days after the date the request is made.
(C) RECORDKEEPING.—If the Attorney General determines that recordkeeping is required for the purposes of
this section, the Attorney General may require that such a
record be maintained for not more than 90 days.
SEC. 511. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENEFITS TO INELIGIBLE ALIENS ON BEHALF OF ELIGIBLE INDIVIDUALS.

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

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Subtitle B—Expansion of Disqualification
From Immigration Benefits on the Basis
of Public Charge
SEC. 531. GROUND FOR EXCLUSION.

(a) IN GENERAL.—Paragraph (4) of section 212(a) (8 U.S.C.
1182(a)) is amended to read as follows:
‘‘(4) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, in the opinion of the
consular officer at the time of application for a visa, or in
the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any
time to become a public charge is excludable.
‘‘(B) FACTORS TO BE TAKEN INTO ACCOUNT.—(i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at
a minimum consider the alien’s—
‘‘(I) age;
‘‘(II) health;
‘‘(III) family status;
‘‘(IV) assets, resources, and financial status; and
‘‘(V) education and skills.
‘‘(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any
affidavit of support under section 213A for purposes of exclusion under this paragraph.
‘‘(C) FAMILY-SPONSORED IMMIGRANTS.—Any alien who
seeks admission or adjustment of status under a visa number issued under section 201(b)(2) or 203(a) is excludable
under this paragraph unless—
‘‘(i) the alien has obtained—
‘‘(I) status as a spouse or a child of a United
States citizen pursuant to clause (ii), (iii), or (iv) of
section 204(a)(1)(A), or
‘‘(II) classification pursuant to clause (ii) or
(iii) of section 204(a)(1)(B); or
‘‘(ii) the person petitioning for the alien’s admission (including any additional sponsor required under
section 213A(g)) has executed an affidavit of support
described in section 213A with respect to such alien.
‘‘(D) CERTAIN EMPLOYMENT-BASED IMMIGRANTS.—Any
alien who seeks admission or adjustment of status under a
visa number issued under section 203(b) by virtue of a classification petition filed by a relative of the alien (or by an
entity in which such relative has a significant ownership
interest) is excludable under this paragraph unless such
relative has executed an affidavit of support described in
section 213A with respect to such alien.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to applications submitted on or after such date, not earlier than 30 days and not later than 60 days after the date the Attorney General promulgates under section 551(e) a standard form
for an affidavit of support, as the Attorney General shall specify, but

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subparagraphs (C) and (D) of section 212(a)(4) of the Immigration
and Nationality Act, as so amended, shall not apply to applications
with respect to which an official interview with an immigration officer was conducted before such effective date.
SEC. 532. GROUND FOR DEPORTATION.

(a) IMMIGRANTS.—Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is
amended to read as follows:
‘‘(5) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—
‘‘(i) Except as provided in subparagraph (B), an
immigrant who during the public charge period becomes a public charge, regardless of when the cause for
becoming a public charge arises, is deportable.
‘‘(ii) The immigrant shall be subject to deportation
under this paragraph only if the deportation proceeding is initiated not later than the end of the 7-year period beginning on the last date the immigrant receives
a benefit described in subparagraph (D) during the
public charge period.
‘‘(B) EXCEPTIONS.—Subparagraph (A) shall not apply—
‘‘(i) to an alien granted asylum under section 208;
‘‘(ii) to an alien admitted as a refugee under section 207; or
‘‘(iii) if the cause of the alien’s becoming a public
charge—
‘‘(I) arose after entry in the case of an alien
who entered as an immigrant or after adjustment
to lawful permanent resident status in the case of
an alien who entered as a nonimmigrant, and
‘‘(II) was a physical illness or physical injury
so serious the alien could not work at any job, or
was a mental disability that required continuous
institutionalization.
‘‘(C) DEFINITIONS.—
‘‘(i) PUBLIC CHARGE PERIOD.—For purposes of subparagraph (A), the term ‘public charge period’ means
the period ending 7 years after the date on which the
alien attains the status of an alien lawfully admitted
for permanent residence (or attains such status on a
conditional basis).
‘‘(ii) PUBLIC CHARGE.—For purposes of subparagraph (A), the term ‘public charge’ includes any alien
who receives benefits described in subparagraph (D) for
an aggregate period of at least 12 months or 36 months
in the case of an alien described in subparagraph (E).
‘‘(D) BENEFITS DESCRIBED.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the benefits
described in this subparagraph are means-tested public
benefits defined under section 213A(e)(1).
‘‘(ii) EXCEPTIONS.—Benefits described in this subparagraph shall not include the following:
‘‘(I) Any benefits to which the exceptions described in section 213A(e)(2) apply.

139
‘‘(II) Emergency medical assistance (as defined
in subparagraph (F)).
‘‘(III) Payments for foster care and adoption
assistance under parts B and E of title IV of the
Social Security Act made on the child’s behalf
under such part.
‘‘(IV) Benefits under laws administered by the
Secretary of Veterans Affairs and any other benefit
available by reason of service in the United States
Armed Forces.
‘‘(V) Benefits under the Head Start Act.
‘‘(VI) Benefits under the Job Training Partnership Act.
‘‘(VII) Benefits under any English as a second
language program.
‘‘(iii) SUCCESSOR PROGRAMS.—Benefits described in
this subparagraph shall include any benefits provided
under any successor program as identified by the Attorney General in consultation with other appropriate officials.
‘‘(E) SPECIAL RULE FOR BATTERED SPOUSE AND
CHILD.—Subject to the second sentence of this subparagraph, an alien is described under this subparagraph if the
alien demonstrates that—
‘‘(i)(I) the alien has been battered or subjected to
extreme cruelty in the United States by a spouse or a
parent, or by a member of the spouse or parent’s family
residing in the same household as the alien and the
spouse or parent consented or acquiesced to such battery or cruelty, or (II) the alien’s child has been battered or subjected to extreme cruelty in the United
States by a spouse or parent of the alien (without the
active participation of the alien in the battery or cruelty), or by a member of the spouse or parent’s family
residing in the same household as the alien when the
spouse or parent consented or acquiesced to and the
alien did not actively participate in such battery or
cruelty;
‘‘(ii) the need for benefits described in subparagraph (D) beyond an aggregate period of 12 months
has a substantial connection to the battery or cruelty
described in clause (i); and
‘‘(iii) any battery or cruelty under clause (i) has
been recognized in an order of a judge or an administrative law judge or a prior determination of the Service.
An alien shall not be considered to be described under this subparagraph during any period in which the individual responsible for such battery or cruelty resides in the same household
or family eligibility unit as the individual subjected to such battery or cruelty.
‘‘(F) EMERGENCY MEDICAL ASSISTANCE.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(C)(ii)(II), the term ‘emergency medical assistance’

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means medical assistance under title XIX of the Social
Security Act (or any successor program to such title) for
care and services that are necessary for the treatment
of an emergency medical condition of the alien involved
and are not related to an organ transplant procedure.
‘‘(ii) EMERGENCY MEDICAL CONDITION DEFINED.—For
purposes of this subparagraph, the term ‘emergency medical condition’ means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that
the absence of immediate medical attention could reasonably be expected to result in—
‘‘(I) placing the patient’s health in serious jeopardy,
‘‘(II) serious impairment to bodily functions, or
‘‘(III) serious dysfunction of any bodily organ or
part.’’.
(b) EXCLUSION AND DEPORTATION OF NONIMMIGRANTS COMMITTING FRAUD OR MISREPRESENTATION IN OBTAINING BENEFITS.—
(1)
EXCLUSION.—Section
212(a)(6)(C)
(8
U.S.C.
1182(a)(6)(C)), as amended by section 344(a), is amended—
(A) by redesignating clause (iii) as clause (iv), and
(B) by inserting after clause (ii) the following clause
(iii):
‘‘(iii) NONIMMIGRANT PUBLIC BENEFIT RECIPIENTS.—Any alien who was admitted as a nonimmigrant and who has obtained benefits for which
the alien was ineligible, through fraud or misrepresentation, under Federal law is excludable for a period of
5 years from the date of the alien’s departure from the
United States.’’.
(2)
DEPORTATION.—Section
241(a)(1)(C)
(8
U.S.C.
1251(a)(1)(C)) is amended by adding after clause (ii) the following:
‘‘(iii) NONIMMIGRANT PUBLIC BENEFIT RECIPIENTS.—Any alien who was admitted as a nonimmigrant and who has obtained through fraud or
misrepresentation benefits for which the alien was ineligible under Federal law is deportable.’’.
(c) INELIGIBILITY TO NATURALIZATION FOR ALIENS DEPORTABLE
AS PUBLIC CHARGE.—
(1) IN GENERAL.—Chapter 2 of title III of the Act is amended by inserting after section 315 the following new section:‘‘
INELIGIBILITY TO NATURALIZATION FOR PERSONS DEPORTABLE AS
PUBLIC CHARGE

‘‘SEC. 315A. (a) A person shall not be naturalized if the person
is deportable as a public charge under section 241(a)(5).
‘‘(b) An applicant for naturalization shall provide a written attestation, under penalty of perjury, as part of the application for
naturalization that the applicant is not deportable as a public
charge under section 241(a)(5) to the best of the applicant’s knowledge.

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‘‘(c) The Attorney General shall make a determination that each
applicant for naturalization is not deportable as a public charge
under section 241(a)(5).’’.
(2) CLERICAL AMENDMENT.—The table of contents is amended by inserting after the item relating to section 315 the following:
‘‘Sec. 315A.

Ineligibility to naturalization for persons deportable as public charge’’.

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

Subtitle C—Affidavits of Support and
Attribution of Income
SEC. 551. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT.

(a) IN GENERAL.—Title II is amended by inserting after section
213 the following new section:
‘‘REQUIREMENTS

FOR SPONSOR’S AFFIDAVIT OF SUPPORT

‘‘SEC. 213A. (a) ENFORCEABILITY.—
‘‘(1) TERMS OF AFFIDAVIT.—No affidavit of support may be
accepted by the Attorney General or by any consular officer to
establish that an alien is not excludable as a public charge
under section 212(a)(4) unless such affidavit is executed by a
sponsor of the alien as a contract—
‘‘(A) in which the sponsor agrees to provide support to
maintain the sponsored alien at an annual income that is
not less than the appropriate percentage (applicable to the
sponsor under subsection (g)) of the Federal poverty line
during the period in which the affidavit is enforceable;
‘‘(B) that is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, any State (or
any political subdivision of such State), or by any other en-

142
tity that provides any means-tested public benefit (as defined in subsection (e)), consistent with the provisions of
this section; and
‘‘(C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (b)(2).
‘‘(2) PERIOD OF ENFORCEABILITY.—An affidavit of support
shall be enforceable with respect to benefits provided for an
alien before the date the alien is naturalized as a citizen of the
United States, or, if earlier, the termination date provided
under paragraph (3).
‘‘(3) TERMINATION OF PERIOD OF ENFORCEABILITY UPON
COMPLETION OF REQUIRED PERIOD OF EMPLOYMENT, ETC.—
‘‘(A) IN GENERAL.—An affidavit of support is not enforceable on or after the first day of a year if it is demonstrated to the satisfaction of the Attorney General that
the sponsored alien may be credited with an aggregate of
40 qualifying quarters under this paragraph for previous
years.
‘‘(B) QUALIFYING QUARTER DEFINED.—For purposes this
paragraph, the term ‘qualifying quarter’ means a qualifying quarter of coverage under title II of the Social Security
Act in which the sponsored alien—
‘‘(i) has earned at least the minimum necessary for
the period to count as one of the 40 quarters required
to qualify for social security retirement benefits; and
‘‘(ii) has not received any means-tested public benefit.
‘‘(C) CREDITING FOR DEPENDENTS AND SPOUSES.—For
purposes of this paragraph, in determining the number of
qualifying quarters for which a sponsored alien has worked
for purposes of subparagraph (A), a sponsored alien not
meeting the requirement of subparagraph (B)(i) for any
quarter shall be treated as meeting such requirements if—
‘‘(i) their spouse met such requirement for such
quarter and they filed a joint income tax return covering such quarter; or
‘‘(ii) the individual who claimed such sponsored
alien as a dependent on an income tax return covering
such quarter met such requirement for such quarter.
‘‘(D) PROVISION OF INFORMATION TO SAVE SYSTEM.—
The Attorney General shall ensure that appropriate information regarding the application of this paragraph is provided to the system for alien verification of eligibility
(SAVE) described in section 1137(d)(3) of the Social Security Act (42 U.S.C. 1320b-7(d)(3)).
‘‘(b) REIMBURSEMENT OF GOVERNMENT EXPENSES.—
‘‘(1) REQUEST FOR REIMBURSEMENT.—
‘‘(A) REQUIREMENT.—Upon notification that a sponsored alien has received any means-tested public benefit,
the appropriate nongovernmental entity which provided
such benefit or the appropriate entity of the Federal Government, a State, or any political subdivision of a State

143
shall request reimbursement by the sponsor in an amount
which is equal to the unreimbursed costs of such benefit.
‘‘(B) REGULATIONS.—The Attorney General, in consultation with the heads of other appropriate Federal agencies,
shall prescribe such regulations as may be necessary to
carry out subparagraph (A).
‘‘(2) ACTIONS TO COMPEL REIMBURSEMENT.—
‘‘(A) IN CASE OF NONRESPONSE.—If within 45 days
after a request for reimbursement under paragraph (1)(A),
the appropriate entity has not received a response from the
sponsor indicating a willingness to commence payment an
action may be brought against the sponsor pursuant to the
affidavit of support.
‘‘(B) IN CASE OF FAILURE TO PAY.—If the sponsor fails
to abide by the repayment terms established by the appropriate entity, the entity may bring an action against the
sponsor pursuant to the affidavit of support.
‘‘(C) LIMITATION ON ACTIONS.—No cause of action may
be brought under this paragraph later than 10 years after
the date on which the sponsored alien last received any
means-tested public benefit to which the affidavit of support applies.
‘‘(3) USE OF COLLECTION AGENCIES.—If the appropriate entity under paragraph (1)(A) requests reimbursement from the
sponsor or brings an action against the sponsor pursuant to the
affidavit of support, the appropriate entity may appoint or hire
an individual or other person to act on behalf of such entity acting under the authority of law for purposes of collecting any
amounts owed.
‘‘(c) REMEDIES.—Remedies available to enforce an affidavit of
support under this section include any or all of the remedies described in section 3201, 3203, 3204, or 3205 of title 28, United
States Code, as well as an order for specific performance and payment of legal fees and other costs of collection, and include corresponding remedies available under State law. A Federal agency
may seek to collect amounts owed under this section in accordance
with the provisions of subchapter II of chapter 37 of title 31, United
States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) GENERAL REQUIREMENT.—The sponsor shall notify the
Attorney General and the State in which the sponsored alien is
currently a resident within 30 days of any change of address of
the sponsor during the period in which an affidavit of support
is enforceable.
‘‘(2) PENALTY.—Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall, after
notice and opportunity to be heard, be subject to a civil penalty
of—
‘‘(A) not less than $250 or more than $2,000, or
‘‘(B) if such failure occurs with knowledge that the
sponsored alien has received any benefit described in section 241(a)(5)(D) not less than $2,000 or more than $5,000.
The Attorney General shall enforce this paragraph under appropriate regulations.

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‘‘(e) MEANS-TESTED PUBLIC BENEFIT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the term
‘means-tested public benefit’ means any public benefit (including cash, medical, housing, food, and social services) provided
or funded in whole or in part by the Federal Government, or
of a State or political subdivision of a State, in which the eligibility of an individual, household, or family eligibility unit for
such benefit or the amount of such benefit, or both are determined on the basis of income, resources, or financial need of the
individual, household, or unit.
‘‘(2) EXCEPTIONS.—Such term does not include the following benefits:
‘‘(A) Short-term noncash emergency disaster relief.
‘‘(B) Assistance or benefits under—
‘‘(i) the National School Lunch Act (42 U.S.C. 1751
et seq.);
‘‘(ii) the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
‘‘(iii) section 4 of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93–86; 7 U.S.C.
612c note);
‘‘(iv) the Emergency Food Assistance Act of 1983
(Public Law 98–8; 7 U.S.C. 612c note);
‘‘(v) section 110 of the Hunger Prevention Act of
1988 (Public Law 100–435; 7 U.S.C. 612c note); and
‘‘(vi) the food distribution program on Indian reservations established under section 4(b) of Public Law
88–525 (7 U.S.C. 2013(b)).
‘‘(C) Public health assistance for immunizations and, if
the Secretary of Health and Human Services determines
that it is necessary to prevent the spread of a serious communicable disease, for testing and treatment for such disease (which may not include treatment for HIV infection or
acquired immune deficiency syndrome).
‘‘(D) Benefits under programs of student assistance
under titles IV, V, IX, and X of the Higher Education Act
of 1965 and titles III, VII, and VIII of the Public Health
Service Act.
‘‘(E) Benefits under any means-tested programs under
the Elementary and Secondary Education Act of 1965.
‘‘(F) Such other in-kind service or noncash assistance
(such as soup kitchens, crisis counseling, intervention (including intervention for domestic violence) and short-term,
shelter) as the Attorney General specifies, in the Attorney
General’s sole and unreviewable discretion, after consultation with the heads of appropriate Federal agencies, if—
‘‘(i) such service or assistance is delivered at the
community level, including through public or private
nonprofit agencies;
‘‘(ii) such service or assistance is necessary for the
protection of life, safety, or public health; and
‘‘(iii) such service or assistance or the amount or
cost of such service or assistance is not conditioned on
the recipient’s income or resources.

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‘‘(f) JURISDICTION.—An action to enforce an affidavit of support
executed under subsection (a) may be brought against the sponsor
in any appropriate court—
‘‘(1) by a sponsored alien, with respect to financial support;
or
‘‘(2) by the appropriate entity of the Federal Government, a
State or any political subdivision of a State, or by any other
nongovernmental entity under subsection (b)(2), with respect to
reimbursement.
‘‘(g) SPONSOR DEFINED.—
‘‘(1) IN GENERAL.—For purposes of this section the term
‘sponsor’ in relation to a sponsored alien means an individual
who executes an affidavit of support with respect to the sponsored alien and who—
‘‘(A) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for permanent residence;
‘‘(B) is at least 18 years of age;
‘‘(C) is domiciled in any of the several States of the
United States, the District of Columbia, or any territory or
possession of the United States;
‘‘(D) is petitioning for the admission of the alien under
section 204; and
‘‘(E) demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to at least 200
percent of the Federal poverty line (or in the case of an affidavit for a spouse or minor child of the petitioner 140 percent of the Federal poverty line).
‘‘(2) INCOME REQUIREMENT CASE.—Such term also includes
an individual who does not meet the requirement of paragraph
(1)(E) but demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to at least 125 percent of the Federal poverty line and accepts joint and several liability together with an individual under paragraph (5).
‘‘(3) ACTIVE DUTY ARMED SERVICES CASE.—Such term also
includes an individual who does not meet the requirement of
paragraph (1)(E) but is on active duty (other than active duty
for training) in the Armed Forces of the United States, is petitioning for the admission of the alien under section 204 as the
spouse or child of the individual, and demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 100 percent of the Federal poverty line.
‘‘(4) CERTAIN EMPLOYMENT-BASED IMMIGRANTS CASE.—Such
term also includes an individual—
‘‘(A) who does not meet the requirement of paragraph
(1)(D), but is the relative of the sponsored alien who filed
a classification petition for the sponsored alien as an employment-based immigrant under section 203(b) or who has
a significant ownership interest in the entity that filed such
a petition; and
‘‘(B)(i) who demonstrates (as provided under paragraph
(6)) the means to maintain an annual income equal to at
least 200 percent of the Federal poverty line (or in the case

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of an affidavit for a spouse or minor child of the petitioner
140 percent of the Federal poverty line), or
‘‘(ii) does not meet the requirement of paragraph (1)(E)
but demonstrates (as provided in paragraph (6)) the means
to maintain an annual income equal to at least 125 percent
of the Federal poverty line and accepts joint and several liability together with an individual under paragraph (5).
‘‘(5) NON-PETITIONING CASE.—Such term also includes an
individual who does not meet the requirement of paragraph
(1)(D) but who accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 200 percent of the Federal poverty line (or in the case of an affidavit for a spouse or
minor child of the petitioner 140 percent of the Federal poverty
line).
‘‘(6) DEMONSTRATION OF MEANS TO MAINTAIN INCOME.—
‘‘(A) IN GENERAL.—
‘‘(i) METHOD OF DEMONSTRATION.—For purposes of
this section, a demonstration of the means to maintain
income shall include provision of a certified copy of the
individual’s Federal income tax return for the individual’s 3 most recent taxable years and a written statement, executed under oath or as permitted under penalty of perjury under section 1746 of title 28, United
States Code, that the copies are certified copies of such
returns.
‘‘(ii) PERCENT OF POVERTY.—For purposes of this
section, a reference to an annual income equal to at
least a particular percentage of the Federal poverty line
means an annual income equal to at least such percentage of the Federal poverty line for a family unit of
a size equal to the number of members of the sponsor’s
household (including family and non-family dependents) plus the total number of other dependents and
aliens sponsored by that sponsor.
‘‘(B) LIMITATION.—The Secretary of State, or the Attorney General in the case of adjustment of status, may provide that the demonstration under subparagraph (A) applies only to the most recent taxable year.
‘‘(h) FEDERAL POVERTY LINE DEFINED.—For purposes of this
section, the term ‘Federal poverty line’ means the level of income
equal to the official poverty line (as defined by the Director of the
Office of Management and Budget, as revised annually by the Secretary of Health and Human Services, in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
9902)) that is applicable to a family of the size involved.
‘‘(i) SPONSOR’S SOCIAL SECURITY ACCOUNT NUMBER REQUIRED
TO BE PROVIDED.—(1) An affidavit of support shall include the social security account number of each sponsor.
‘‘(2) The Attorney General shall develop an automated system to
maintain the social security account number data provided under
paragraph (1).

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‘‘(3) The Attorney General shall submit an annual report to the
Committees on the Judiciary of the House of Representatives and
the Senate setting forth—
‘‘(A) for the most recent fiscal year for which data are available the number of sponsors under this section and the number
of sponsors in compliance with the financial obligations of this
section; and
‘‘(B) a comparison of such numbers with the numbers of
such sponsors for the preceding fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of contents is amended
by inserting after the item relating to section 213 the following:
‘‘Sec. 213A.

Requirements for sponsor’s affidavit of support.’’.

(c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZATION.—Section 316(a) (8 U.S.C. 1427(a)) is amended by striking ‘‘and’’ before
‘‘(3)’’, and by inserting before the period at the end the following: ‘‘,
and (4) in the case of an applicant that has received assistance
under a means-tested public benefits program (as defined in subsection (e) of section 213A) and with respect to which amounts are
owing under an affidavit of support executed under such section,
provides satisfactory evidence that there are no outstanding
amounts that are owing pursuant to such affidavit by any sponsor
who executed such affidavit’’.
(d) EFFECTIVE DATE; PROMULGATION OF FORM.—
(1) IN GENERAL.—The amendments made by this section
shall apply to affidavits of support executed on or after a date
specified by the Attorney General, which date shall be not earlier than 60 days (and not later than 90 days) after the date
the Attorney General formulates the form for such affidavits
under paragraph (2).
(2) PROMULGATION OF FORM.—Not later than 90 days after
the date of the enactment of this Act, the Attorney General, in
consultation with the heads of other appropriate agencies, shall
promulgate a standard form for an affidavit of support consistent with the provisions of section 213A of the Immigration and
Nationality Act.
SEC. 552. ATTRIBUTION OF SPONSOR’S INCOME AND RESOURCES TO
SPONSORED IMMIGRANTS.

(a) DEEMING REQUIREMENT FOR FEDERAL MEANS-TESTED PUBBENEFITS.—Subject to subsections (d) and (h), for purposes of
determining the eligibility of an alien for any Federal means-tested
public benefit, and the amount of such benefit, income and resources
described in subsection (b) shall, notwithstanding any other provision of law, be deemed to be income and resources of such alien.
(b) DEEMED INCOME AND RESOURCES.—The income and resources described in this subsection shall include the income and resources of—
(1) each sponsor under section 213A of the Immigration
and Nationality Act;
(2) each person who, as a sponsor of an alien’s entry into
the United States, or in order to enable an alien lawfully to remain in the United States, executed an affidavit of support or
similar agreement other than under section 213A with respect
to such alien, and
LIC

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(3) each sponsor’s spouse.
(c) LENGTH OF DEEMING PERIOD.—
(1) IN GENERAL.—Subject to paragraph (3), for an alien for
whom an affidavit of support under section 213A of the Immigration and Nationality Act has been executed, the requirement
of subsection (a) shall apply until the alien is naturalized as a
citizen of the United States.
(2) SPECIAL RULE FOR OUTDATED AFFIDAVIT OF SUPPORT.—
Subject to paragraph (3), for an alien for whom an affidavit of
support has been executed other than as required under section
213A of the Immigration and Nationality Act, the requirement
of subsection (a) shall apply for a period of 5 years beginning
on the day such alien was provided lawful permanent resident
status after the execution of such affidavit or agreement, but in
no case after the date of naturalization of the alien.
(3) EXCEPTION TO GENERAL RULE.—Subsection (a) shall not
apply and the period of attribution of a sponsor’s income and
resources under this subsection with respect to an alien shall
terminate at such time as an affidavit of support of such sponsor with respect to the alien becomes no longer enforceable
under section 213A(a)(3) of the Immigration and Nationality
Act.
(4) PROVISION OF INFORMATION TO SAVE.—The Attorney
General shall ensure that appropriate information regarding
sponsorship and the operation of this section is provided to the
system for alien verification of eligibility (SAVE) described in
section 1137(d)(3) of the Social Security Act (42 U.S.C. 1320b7(d)(3)).
(d) EXCEPTIONS.—
(1) INDIGENCE.—
(A) IN GENERAL.—For an alien for whom an affidavit
of support under section 213A of the Immigration and Nationality Act has been executed, if a determination described in subparagraph (B) is made, the amount of income
and resources of the sponsor or the sponsor’s spouse which
shall be attributed to the sponsored alien shall not exceed
the amount actually provided for a period beginning on the
date of such determination and ending 12 months after
such date.
(B) DETERMINATION DESCRIBED.—A determination described in this subparagraph is a determination by an
agency that a sponsored alien would, in the absence of the
assistance provided by the agency, be unable to obtain food
and shelter, taking into account the alien’s own income,
plus any cash, food, housing, or other assistance provided
by other individuals, including the sponsor. The agency
shall notify the Attorney General of each such determination, including the names of the sponsor and the sponsored
alien involved.
(2) EXCEPTED BENEFITS.—The requirements of subsection
(a) shall not apply to the following:
(A)(i) Medical assistance under title XIX of the Social
Security Act (or any successor program to such title) for
care and services that are necessary for the treatment of an

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emergency medical condition of the alien involved and are
not related to an organ transplant procedure.
(ii) For purposes of this subparagraph, the term ‘‘emergency medical condition’’ means a medical condition (including emergency labor and delivery) manifesting itself by
acute symptoms of sufficient severity (including severe pain)
such that the absence of immediate medical attention could
reasonably be expected to result in—
(I) placing the patient’s health in serious jeopardy,
(II) serious impairment to bodily functions, or
(III) serious dysfunction of any bodily organ or
part.
(B) Short-term noncash emergency disaster relief.
(C) Assistance or benefits under—
(i) the National School Lunch Act (42 U.S.C. 1751
et seq.);
(ii) the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
(iii) section 4 of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93–86; 7 U.S.C.
612c note);
(iv) the Emergency Food Assistance Act of 1983
(Public Law 98–8; 7 U.S.C. 612c note);
(v) section 110 of the Hunger Prevention Act of
1988 (Public Law 100–435; 7 U.S.C. 612c note); and
(vi) the food distribution program on Indian reservations established under section 4(b) of Public Law
88–525 (7 U.S.C. 2013(b)).
(D) Public health assistance for immunizations and, if
the Secretary of Health and Human Services determines
that it is necessary to prevent the spread of a serious communicable disease, for testing and treatment for such disease (which may not include treatment for HIV infection or
acquired immune deficiency syndrome).
(E) Benefits under programs of student assistance
under titles IV, V, IX, and X of the Higher Education Act
of 1965 and titles III, VII, and VIII of the Public Health
Service Act.
(F) Benefits under any means-tested programs under
the Elementary and Secondary Education Act of 1965.
(G) Such other in-kind service or noncash assistance
(such as soup kitchens, crisis counseling, intervention (including intervention for domestic violence) and short-term,
shelter) as the Attorney General specifies, in the Attorney
General’s sole and unreviewable discretion, after consultation with the heads of appropriate Federal agencies, if—
(i) such service or assistance is delivered at the
community level, including through public or private
nonprofit agencies;
(ii) such service or assistance is necessary for the
protection of life, safety, or public health; and
(iii) such service or assistance or the amount or
cost of such service or assistance is not conditioned on
the recipient’s income or resources.

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(e) FEDERAL MEANS-TESTED PUBLIC BENEFIT DEFINED.—The
term ‘‘Federal means-tested public benefit’’ means any public benefit
(including cash, medical, housing, and food assistance and social
services) provided or funded in whole or in part by the Federal Government in which the eligibility of an individual, household, or family eligibility unit for the benefit, or the amount of the benefit, or
both are determined on the basis of income, resources, or financial
need of the individual, household, or unit.
(f) SPECIAL RULE FOR BATTERED SPOUSE AND CHILD.—
(1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of this section, subsection (a) shall
not apply to benefits—
(A) during a 12 month period if the alien demonstrates
that (i) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by
a member of the spouse or parent’s family residing in the
same household as the alien and the spouse or parent consented to or acquiesced to such battery or cruelty, or (ii) the
alien’s child has been battered or subjected to extreme cruelty in the United States by the spouse or parent of the
alien (without the active participation of the alien in the
battery or cruelty), or by a member of the spouse’s or parent’s family residing in the same household as the alien
when the spouse or parent consented or acquiesced to and
the alien did not actively participate in such battery or cruelty, and the battery or cruelty described in clause (i) or (ii)
(in the opinion of the agency providing such public benefits,
which opinion is not subject to review by any court) has a
substantial connection to the need for the public benefits
applied for; and
(B) after a 12 month period (regarding the batterer’s
income and resources only) if the alien demonstrates that
such battery or cruelty under subparagraph (A) has been
recognized in an order of a judge or administrative law
judge or a prior determination of the Immigration and Naturalization Service, and that such battery or cruelty (in the
opinion of the agency providing such public benefits, which
opinion is not subject to review by any court) has a substantial connection to the need for the benefits.
(2) LIMITATION.—The exception under paragraph (1) shall
not apply to benefits for an alien during any period in which
the individual responsible for such battery or cruelty resides in
the same household or family eligibility unit as the individual
who was subjected to such battery or cruelty.
(g) APPLICATION.—
(1) IN GENERAL.—The provisions of this section shall apply
with respect to determinations of eligibility and amount of benefits for individuals for whom an application is filed on or after
the first day of the first month beginning more than 60 days
after the date of the enactment of this Act.
(2) REDETERMINATIONS.—This section shall apply with respect to any redetermination of eligibility and amount of benefits occurring on or after the date determined under paragraph
(1).

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(h) NO DEEMING REQUIREMENT FOR NONPROFIT CHARITABLE
ORGANIZATIONS.—A nonprofit charitable organization operating any
Federal means-tested public benefit program is not required to deem
that the income or assets of any applicant for any benefit or assistance under such program include the income or assets described in
subsection (b).
SEC. 553. ATTRIBUTION OF SPONSOR’S INCOME AND RESOURCES AUTHORITY FOR STATE AND LOCAL GOVERNMENTS.

(a) IN GENERAL.—Subject to subsection (b) and notwithstanding
any other provision of law, a State or political subdivision of a
State is authorized, for purposes of determining the eligibility of an
alien for benefits and the amount of benefits, under any meansbased public benefit program of a State or a political subdivision
of a State (other than a program of assistance provided or funded,
in whole or in part, by the Federal Government), to require that the
income and resources of any individual under section 552(b) be
deemed to be the income and resources of such alien.
(b) LIMITATIONS.—
(1) EXCEPTIONS.—Any attribution of income and resources
pursuant to the authority of subsection (a) shall be subject to
exceptions comparable to the exceptions of section 552(d).
(2) PERIOD OF DEEMING.—Any period of attribution of income and resources pursuant to the authority of subsection (a)
shall not exceed the period of attribution under section 552(c).
SEC. 554. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF
STATES TO LIMIT ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG CLASSES OF ALIENS IN PROVIDING GENERAL CASH PUBLIC ASSISTANCE.

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

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

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

152
‘‘§ 506. Seals of departments or agencies
‘‘(a) Whoever—
‘‘(1) falsely makes, forges, counterfeits, mutilates, or alters
the seal of any department or agency of the United States, or
any facsimile thereof;
‘‘(2) knowingly uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated, or altered seal or
facsimile thereof to or upon any certificate, instrument, commission, document, or paper of any description; or
‘‘(3) with fraudulent intent, possesses, sells, offers for sale,
furnishes, offers to furnish, gives away, offers to give away,
transports, offers to transport, imports, or offers to import any
such seal or facsimile thereof, knowing the same to have been
so falsely made, forged, counterfeited, mutilated, or altered,
shall be fined under this title, or imprisoned not more than 5 years,
or both.
‘‘(b) Notwithstanding subsection (a) or any other provision of
law, if a forged, counterfeited, mutilated, or altered seal of a department or agency of the United States, or any facsimile thereof, is—
‘‘(1) so forged, counterfeited, mutilated, or altered;
‘‘(2) used, affixed, or impressed to or upon any certificate,
instrument, commission, document, or paper of any description;
or
‘‘(3) with fraudulent intent, possessed, sold, offered for sale,
furnished, offered to furnish, given away, offered to give away,
transported, offered to transport, imported, or offered to import,
with the intent or effect of facilitating an alien’s application for, or
receipt of, a Federal benefit to which the alien is not entitled, the
penalties which may be imposed for each offense under subsection
(a) shall be two times the maximum fine, and 3 times the maximum
term of imprisonment, or both, that would otherwise be imposed for
an offense under subsection (a).
‘‘(c) For purposes of this section—
‘‘(1) the term ‘Federal benefit’ means—
‘‘(A) the issuance of any grant, contract, loan, professional license, or commercial license provided by any agency of the United States or by appropriated funds of the
United States; and
‘‘(B) any retirement, welfare, Social Security, health
(including treatment of an emergency medical condition in
accordance with section 1903(v) of the Social Security Act
(19 U.S.C. 1396b(v))), disability, veterans, public housing,
education, food stamps, or unemployment benefit, or any
similar benefit for which payments or assistance are provided by an agency of the United States or by appropriated
funds of the United States; and
‘‘(2) each instance of forgery, counterfeiting, mutilation, or
alteration shall constitute a separate offense under this section.’’.
SEC. 562. COMPUTATION OF TARGETED ASSISTANCE.

(a) IN GENERAL.—Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is
amended by adding at the end the following new subparagraph:

153
‘‘(C) All grants made available under this paragraph for a fiscal year (other than the Targeted Assistance Ten Percent Discretionary Program) shall be allocated by the Office of Resettlement in
a manner that ensures that each qualifying county shall receive the
same amount of assistance for each refugee and entrant residing in
the county as of the beginning of the fiscal year who arrived in the
United States not more than 60 months prior to such fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective for fiscal years after fiscal year 1996.
SEC. 563. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES EXCEPTION.

(a) IN GENERAL.—Subject to such amounts as are provided in
advance in appropriation Acts, each State or political subdivision of
a State that provides medical assistance for care and treatment of
an emergency medical condition (as defined for purposes of section
501(b)(1)) through a public hospital or other public facility (including a nonprofit hospital that is eligible for an additional payment
adjustment under section 1886 of the Social Security Act) or
through contract with another hospital or facility to an individual
who is an alien not lawfully present in the United States is eligible
for payment from the Federal Government of its costs of providing
such services, but only to the extent that such costs are not otherwise
reimbursed through any other Federal program and cannot be recovered from the alien or another person.
(b) CONFIRMATION OF IMMIGRATION STATUS REQUIRED.—No
payment shall be made under this section with respect to services
furnished to an individual unless the immigration status of the individual has been verified through appropriate procedures established by the Secretary of Health and Human Services and the Attorney General.
(c) ADMINISTRATION.—This section shall be administered by the
Attorney General, in consultation with the Secretary of Health and
Human Services.
(d) EFFECTIVE DATE.—Subsection (a) shall apply to medical assistance for care and treatment of an emergency medical condition
furnished on or after October 1, 1996.
SEC. 564. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY AMBULANCE SERVICES.

Subject to the availability of appropriations, the Attorney General shall fully reimburse States and political subdivisions of States
for costs incurred by such a State or subdivision for emergency ambulance services provided to any alien who—
(1) is injured while crossing a land or sea border of the
United States without inspection or at any time or place other
than as designated by the Attorney General; and
(2) is under the custody of the State or subdivision pursuant to a transfer, request, or other action by a Federal authority.
SEC. 565. PILOT PROGRAMS TO REQUIRE BONDING.

(a) IN GENERAL.—
(1) The Attorney General of the United States shall establish a pilot program in 5 district offices of the Immigration and
Naturalization Service to require aliens to post a bond in addi-

154
tion to the affidavit requirements under section 551 and the
deeming requirements under section 552. Any pilot program established pursuant to this subsection shall require an alien to
post a bond in an amount sufficient to cover the cost of benefits
for the alien and the alien’s dependents under the programs described in section 241(a)(5)(D) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(5)(D)) and shall remain in effect
until the departure, naturalization, or death of the alien.
(2) Suit on any such bonds may be brought under the terms
and conditions set forth in section 213A of the Immigration and
Nationality Act.
(b) REGULATIONS.—Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall issue regulations
for establishing the pilot programs, including—
(1) criteria and procedures for—
(A) certifying bonding companies for participation in
the program, and
(B) debarment of any such company that fails to pay
a bond, and
(2) criteria for setting the amount of the bond to assure that
the bond is in an amount that is not less than the cost of providing benefits under the programs described in section
241(a)(5)(D) for the alien and the alien’s dependents for 6
months.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out this
section.
(d) ANNUAL REPORTING REQUIREMENT.—Beginning 9 months
after the date of implementation of the pilot program, the Attorney
General shall submit annually to the Committees on the Judiciary
of the House of Representatives and the Senate a report on the effectiveness of the program. The Attorney General shall submit a final
evaluation of the program not later than 1 year after termination.
(e) SUNSET.—The pilot program under this section shall terminate after 3 years of operation.
(f) BONDS IN ADDITION TO SPONSORSHIP AND DEEMING REQUIREMENTS.—Section 213 of the Immigration and Nationality Act
(8 U.S.C. 1183) is amended by inserting ‘‘(subject to the affidavit of
support requirement and attribution of sponsor’s income and resources under section 213A)’’ after ‘‘in the discretion of the Attorney
General’’.
SEC. 566. REPORTS.

Not later than 180 days after the end of each fiscal year, the
Attorney General shall submit a report to the Inspector General of
the Department of Justice and the Committees on the Judiciary of
the House of Representatives and of the Senate describing the following:
(1) PUBLIC CHARGE DEPORTATIONS.—The number of aliens
deported on public charge grounds under section 241(a)(5) of
the Immigration and Nationality Act during the previous fiscal
year.
(2) INDIGENT SPONSORS.—The number of determinations
made under section 552(d)(1) of this Act (relating to indigent
sponsors) during the previous fiscal year.

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(3) REIMBURSEMENT ACTIONS.—The number of actions
brought, and the amount of each action, for reimbursement
under section 213A of the Immigration and Nationality Act (including private collections) for the costs of providing public benefits.
(4) VERIFICATIONS OF ELIGIBILITY.—The number of situations in which a Federal or State agency fails to respond within
10 days to a request for verification of eligibility under section
510(b), including the reasons for, and the circumstances of,
each such failure.

Subtitle E—Housing Assistance
SEC. 571. SHORT TITLE.

This subtitle may be cited as the ‘‘Use of Assisted Housing by
Aliens Act of 1996’’.
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.

Section 214(b) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(b)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) If the eligibility for financial assistance of at least one
member of a family has been affirmatively established under the
program of financial assistance and under this section, and the eligibility of one or more family members has not been affirmatively
established under this section, any financial assistance made available to such family by the Secretary of Housing and Urban Development shall be prorated, based on the number of individuals in the
family for whom eligibility has been affirmatively established under
the program of financial assistance and under this section, as compared with the total number of individuals who are members of the
family.’’.
SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.

(a) IN GENERAL.—Section 214(c)(1) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking ‘‘on the date of the enactment of the
Housing and Community Development Act of 1987’’; and
(B) by striking ‘‘may, in its discretion,’’ and inserting
‘‘shall’’;
(2) in subparagraph (A), by adding at the end the following
new sentence: ‘‘Financial assistance continued under this subparagraph for a family shall be provided only on a prorated
basis under which the amount of financial assistance is based
on the percentage of the total number of members of the family
that are eligible for such assistance under the program for financial assistance and under this section.’’; and
(3) by striking subparagraph (B), and inserting the following new subparagraph:
‘‘(B) Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and

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any family members involved to other housing, subject to the
following requirements:
‘‘(i) Except as provided in clause (ii), any deferral
under this subparagraph shall be for a single 3-month period.
‘‘(ii) The time period referred to in clause (i) shall not
apply in the case of a refugee under section 207 of the Immigration and Nationality Act or an individual seeking
asylum under section 208 of such Act.’’.
(b) SCOPE OF APPLICATION.—
(1) IN GENERAL.—The amendment made by subsection
(a)(3) shall apply to any deferral granted under section
214(c)(1)(B) of the Housing and Community Development Act of
1980 on or after the date of the enactment of this Act.
(2) TREATMENT OF DEFERRALS AND RENEWALS GRANTED BEFORE ENACTMENT.—In the case of any deferral which was
granted or renewed under section 214(c)(1)(B) of the Housing
and Community Development Act of 1980 before the date of the
enactment of this Act—
(A) if the deferral or renewal expires before the expiration of the 3-month period beginning upon such date of enactment, the deferral or renewal may, upon expiration of
the deferral period, be renewed for not more than a single
additional 3-month period; and
(B) if the deferral or renewal expires on or after the expiration of such 3-month period, the deferral or renewal
may not be renewed or extended.
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY
FOR FINANCIAL ASSISTANCE.

(a) IN GENERAL.—Section 214(d) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(d)) is amended—
(1) by striking the matter preceding paragraph (1) and inserting the following:
‘‘(d) No individual applying for financial assistance shall receive such financial assistance before the affirmative establishment
and verification of the eligibility of the individual under this subsection by the Secretary or other appropriate entity, and the following conditions shall apply with respect to financial assistance being
or to be provided for the benefit of an individual:’’;
(2) in paragraph (1)—
(A) in subparagraph (A), by adding at the end the following: ‘‘If the declaration states that the individual is not
a citizen or national of the United States and the individual is younger than 62 years of age, the declaration shall
be verified by the Immigration and Naturalization Service.’’;
(B) by striking subparagraph (B) and inserting the following new subparagraph:
‘‘(B) In the case of any individual who is younger than 62
years of age and is receiving or applying for financial assistance, there must be presented the item (or items) described in
one of the following subparagraphs for that individual:

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‘‘(i) A United States passport (either current or expired
if issued both within the previous 20 years and after the individual attained 18 years of age).
‘‘(ii) A resident alien card or an alien registration card,
if the card (i) contains a photograph of the individual and
(ii) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
‘‘(iii) A driver’s license or similar document issued for
the purpose of identification by a State, if it contains a photograph of the individual.
‘‘(iv) If the individual attests to being a citizen or national of the United States and the individual does not
have other documentation under this paragraph, such other
documents or evidence that identify the individual, as the
Attorney General may designate as constituting reasonable
evidence indicating United States citizenship.’’.
(3) by striking paragraph (2) and inserting the following
new paragraph:
‘‘(2) In the case of an individual who is not a citizen or national
of the United States, is not 62 years of age or older, and is applying for financial assistance, the Secretary may not provide
such assistance for the benefit of the individual before such documentation is presented and verified under paragraph (3) or
(4).’’;
(4) in paragraph (3), by striking ‘‘(2)(A) is presented’’ and
inserting ‘‘(1)(B)(ii) is presented and contains the individual’s
alien admission number or alien file number (or numbers if the
individual has more than one number)’’
(5) in paragraph (4)—
(A) in the matter preceding subparagraph (A)—
(i) by striking ‘‘on the date of the enactment of the
Housing and Community Development Act of 1987’’
and inserting ‘‘or applying for financial assistance’’;
(ii) by striking ‘‘paragraph (2)’’ and inserting
‘‘paragraph (1)(B)(ii)’’; and
(iii) by striking ‘‘paragraph (2)(A)’’ and inserting
‘‘paragraph (1)(B)(ii)’’;
(B) in subparagraph (A)—
(i) in clause (i)—
(I) by inserting ‘‘, not to exceed 30 days,’’ after
‘‘reasonable opportunity’’; and
(II) by striking ‘‘and’’ at the end; and
(ii) by striking clause (ii) and inserting the following new clauses:
‘‘(ii) in the case of any individual who is receiving
assistance, may not delay, deny, reduce, or terminate
the individual’s eligibility for financial assistance on
the basis of the individual’s immigration status until
such 30-day period has expired, and
‘‘(iii) in the case of any individual who is applying
for financial assistance, may not deny the application
for such assistance on the basis of the individual’s immigration status until such 30-day period has expired;
and’’; and

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(C) in subparagraph (B), by striking clauses (i) and (ii)
and inserting the following new clauses:
‘‘(i) the Secretary shall transmit to the Immigration and Naturalization Service either photostatic or
other similar copies of such documents, or information
from such documents, as specified by the Immigration
and Naturalization Service, for official verification,
‘‘(ii) pending such verification or appeal, the Secretary may not—
‘‘(I) in the case of any individual who is receiving assistance, delay, deny, reduce, or terminate
the individual’s eligibility for financial assistance
on the basis of the individual’s immigration status,
and
‘‘(II) in the case of any individual who is applying for financial assistance, deny the application for such assistance on the basis of the individual’s immigration status, and’’;
(6) in paragraph (5), by striking all that follows ‘‘satisfactory immigration status’’ and inserting the following: ‘‘, the Secretary shall—
‘‘(A) deny the individual’s application for financial assistance or terminate the individual’s eligibility for financial assistance, as the case may be,
‘‘(B) provide the individual with written notice of the
determination under this paragraph, which in the case of
an individual who is receiving financial assistance shall
also notify the individual of the opportunity for a hearing
under subparagraph (C), and
‘‘(C) in the case of an individual who is receiving financial assistance and requests a hearing under this subparagraph, provide a hearing within 5 days of receipt of
the notice under subparagraph (B), at which hearing the
individual may produce the documentation of immigration
status required under this subsection or the reasons for the
termination shall be explained and the individual shall be
notified of his or her eligibility for deferral under subsection (c)(1)(B).’’;
(7) by striking paragraph (6) and inserting the following
new paragraph:
‘‘(6) The Secretary shall terminate the eligibility for financial assistance of an individual and the members of the household of the individual, for a period of not less than 24 months,
upon determining that such individual has knowingly permitted another individual who is not eligible for such assistance to use the assistance (including residence in the unit receiving the assistance). This provision shall not apply to a family if the ineligibility of the ineligible individual at issue was
considered in calculating any proration under this section of assistance provided for the family.’’; and
(8) by striking the matter following paragraph (6) and inserting the following new paragraphs:
‘‘(7) An owner of housing receiving financial assistance—

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‘‘(A) may initiate procedures to affirmatively establish
or verify the eligibility of an individual or family under
this section at any time at which the owner determines that
such eligibility is in question, regardless of whether or not
the individual or family is at or near the top of the waiting
list for the housing;
‘‘(B) shall affirmatively establish or verify the eligibility
of an individual or family under this section in accordance
with the procedures set forth in section 274A(b)(1) of the
Immigration and Nationality Act; and
‘‘(C) shall have access to any relevant information contained in the SAVE system (or any successor thereto) that
relates to any individual or family applying for financial
assistance.
‘‘For purposes of this paragraph, the term ‘owner’ includes any
public housing agency (as such term is defined in section 3 of
the United States Housing Act of 1937). For purposes of this
paragraph, when used in reference to a family, the term ‘eligibility’ means the eligibility of each member of the family.
‘‘(8) For purposes of this subsection, the following definitions shall apply:
‘‘(A) The term ‘satisfactory immigration status’ means
an immigration status which does not make the individual
ineligible for financial assistance.
‘‘(B) The term ‘Secretary’ means the Secretary of Housing and Urban Development, a public housing agency, or
another entity that determines the eligibility of an individual for financial assistance.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Notwithstanding section 576 of this Act,
the amendment made by subsection (a)(2)(B) of this section
shall apply to application for benefits filed on or after such date
as the Attorney General specifies in regulations under paragraph (2) of this subsection. Such date shall be at least 60 days,
and not more than 90 days, after the date the Attorney General
first issues such regulations.
(2) REGULATIONS.—The Attorney General (in consultation
with the heads of other appropriate agencies) shall first issue
regulations to carry out the amendment made by subsection
(a)(2)(B) of this section not later than 180 days after the date
of the enactment of this Act. Such regulations shall be effective
on an interim basis, pending change after opportunity for public comment.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL ASSISTANCE ELIGIBILITY DETERMINATIONS.

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

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SEC. 576. REGULATIONS.

(a) ISSUANCE.—Not later than the expiration of the 60-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue any regulations necessary to implement the amendments made by this subtitle.
Such regulations shall be issued in the form of an interim final
rule, which shall take effect upon issuance and shall not be subject
to the provisions of section 533 of title 5, United States Code, regarding notice or an opportunity for comment.
(b) FAILURE TO ISSUE.—If the Secretary fails to issue the regulations required under subsection (a) before the expiration of the period referred to in such subsection, the regulations relating to restrictions on assistance to noncitizens, contained in the final rule issued by the Secretary of Housing and Urban Development in RIN
2501–AA63 (Docket No. R–95–1409; FR–2383–F–050), published in
the Federal Register of March 20, 1995 (Vol. 60, No. 53; pp. 14824–
14861), shall not apply after the expiration of such period.
SEC. 577. REPORT ON HOUSING ASSISTANCE PROGRAMS.

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

Subtitle F—General Provisions
SEC. 591. EFFECTIVE DATES.

Except as provided in this title, this title and the amendments
made by this title shall take effect on the date of the enactment of
this Act.
SEC. 592. STATUTORY CONSTRUCTION.

Nothing in this title may be construed as an entitlement or a
determination of an individual’s eligibility or fulfillment of the requisite requirements for any Federal, State, or local governmental
program, assistance, or benefits. For purposes of this title, eligibility
relates only to the general issue of eligibility or ineligibility on the
basis of alienage.
SEC. 593. NOT APPLICABLE TO FOREIGN ASSISTANCE.

This title does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under
any program of foreign assistance as determined by the Secretary of
State in consultation with the Attorney General.
SEC. 594. NOTIFICATION.

(a) IN GENERAL.—Each agency of the Federal Government or a
State or political subdivision that administers a program affected
by the provisions of this title, shall, directly or through the States,
provide general notification to the public and to program recipients

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of the changes regarding eligibility for any such program pursuant
to this title.
(b) FAILURE TO GIVE NOTICE.—Nothing in this section shall be
construed to require or authorize continuation of eligibility if the notice under this section is not provided.
SEC. 595. DEFINITIONS.

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

TITLE VI—MISCELLANEOUS
PROVISIONS
Subtitle A—Refugees, Parole, and Asylum
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.

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

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SEC. 602. LIMITATION ON USE OF PAROLE.

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

603.

TREATMENT OF LONG-TERM PAROLEES
WORLDWIDE NUMERICAL LIMITATIONS.

IN

APPLYING

Section 201(c) (8 U.S.C. 1151(c)) is amended—
(1) by amending paragraph (1)(A)(ii) to read as follows:
‘‘(ii) the sum of the number computed under paragraph (2)
and the number computed under paragraph (4), plus’’; and
(2) by adding at the end the following new paragraphs:
‘‘(4) The number computed under this paragraph for a fiscal
year (beginning with fiscal year 1999) is the number of aliens who
were paroled into the United States under section 212(d)(5) in the
second preceding fiscal year—
‘‘(A) who did not depart from the United States (without
advance parole) within 365 days; and
‘‘(B) who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two
preceding fiscal years, or (ii) acquired such status in such years
under a provision of law (other than section 201(b)) which exempts such adjustment from the numerical limitation on the
worldwide level of immigration under this section.
‘‘(5) If any alien described in paragraph (4) (other than an alien
described in paragraph (4)(B)(ii)) is subsequently admitted as an
alien lawfully admitted for permanent residence, such alien shall
not again be considered for purposes of paragraph (1).’’.
SEC. 604. ASYLUM REFORM.

(a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158) is amended
to read as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASYLUM.—
‘‘(1) IN GENERAL.—Any alien who is physically present in
the United States or who arrives in the United States (whether
or not at a designated port of arrival and including an alien
who is brought to the United States after having been interdicted in international or United States waters), irrespective of

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such alien’s status, may apply for asylum in accordance with
this section or, where applicable, section 235(b).
‘‘(2) EXCEPTIONS.—
‘‘(A) SAFE THIRD COUNTRY.—Paragraph (1) shall not
apply to an alien if the Attorney General determines that
the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of
the alien’s nationality or, in the case of an alien having no
nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be
threatened on account of race, religion, nationality, membership in a particular social group, or political opinion,
and where the alien would have access to a full and fair
procedure for determining a claim to asylum or equivalent
temporary protection, unless the Attorney General finds
that it is in the public interest for the alien to receive asylum in the United States.
‘‘(B) TIME LIMIT.—Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s
arrival in the United States.
‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—Subject to subparagraph (D), paragraph (1) shall not apply to an alien
if the alien has previously applied for asylum and had such
application denied.
‘‘(D) CHANGED CIRCUMSTANCES.—An application for
asylum of an alien may be considered, notwithstanding
subparagraphs (B) and (C), if the alien demonstrates to the
satisfaction of the Attorney General either the existence of
changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances
relating to the delay in filing an application within the period specified in subparagraph (B).
‘‘(3) LIMITATION ON JUDICIAL REVIEW.—No court shall have
jurisdiction to review any determination of the Attorney General
under paragraph (2).
‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—
‘‘(1) IN GENERAL.—The Attorney General may grant asylum
to an alien who has applied for asylum in accordance with the
requirements and procedures established by the Attorney General under this section if the Attorney General determines that
such alien is a refugee within the meaning of section
101(a)(42)(A).
‘‘(2) EXCEPTIONS.—
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to an
alien if the Attorney General determines that—
‘‘(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion;
‘‘(ii) the alien, having been convicted by a final
judgment of a particularly serious crime, constitutes a
danger to the community of the United States;

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‘‘(iii) there are serious reasons for believing that
the alien has committed a serious nonpolitical crime
outside the United States prior to the arrival of the
alien in the United States;
‘‘(iv) there are reasonable grounds for regarding
the alien as a danger to the security of the United
States;
‘‘(v) the alien is inadmissible under subclause (I),
(II), (III), or (IV) of section 212(a)(3)(B)(i) or removable
under section 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an alien inadmissible
under subclause (IV) of section 212(a)(3)(B)(i), the Attorney General determines, in the Attorney General’s
discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the
United States; or
‘‘(vi) the alien was firmly resettled in another country prior to arriving in the United States.
‘‘(B) SPECIAL RULES.—
‘‘(i) CONVICTION OF AGGRAVATED FELONY.—For
purposes of clause (ii) of subparagraph (A), an alien
who has been convicted of an aggravated felony shall
be considered to have been convicted of a particularly
serious crime.
‘‘(ii) OFFENSES.—The Attorney General may designate by regulation offenses that will be considered to
be a crime described in clause (ii) or (iii) of subparagraph (A).
‘‘(C) ADDITIONAL LIMITATIONS.—The Attorney General
may by regulation establish additional limitations and conditions, consistent with this section, under which an alien
shall be ineligible for asylum under paragraph (1).
‘‘(D) NO JUDICIAL REVIEW.—There shall be no judicial
review of a determination of the Attorney General under
subparagraph (A)(v).
‘‘(3) TREATMENT OF SPOUSE AND CHILDREN.—A spouse or
child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of
an alien who is granted asylum under this subsection may, if
not otherwise eligible for asylum under this section, be granted
the same status as the alien if accompanying, or following to
join, such alien.
‘‘(c) ASYLUM STATUS.—
‘‘(1) IN GENERAL.—In the case of an alien granted asylum
under subsection (b), the Attorney General—
‘‘(A) shall not remove or return the alien to the alien’s
country of nationality or, in the case of a person having no
nationality, the country of the alien’s last habitual residence;
‘‘(B) shall authorize the alien to engage in employment
in the United States and provide the alien with appropriate
endorsement of that authorization; and
‘‘(C) may allow the alien to travel abroad with the
prior consent of the Attorney General.

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‘‘(2) TERMINATION OF ASYLUM.—Asylum granted under subsection (b) does not convey a right to remain permanently in the
United States, and may be terminated if the Attorney General
determines that—
‘‘(A) the alien no longer meets the conditions described
in subsection (b)(1) owing to a fundamental change in circumstances;
‘‘(B) the alien meets a condition described in subsection
(b)(2);
‘‘(C) the alien may be removed, pursuant to a bilateral
or multilateral agreement, to a country (other than the
country of the alien’s nationality or, in the case of an alien
having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not
be threatened on account of race, religion, nationality,
membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or
equivalent temporary protection;
‘‘(D) the alien has voluntarily availed himself or herself
of the protection of the alien’s country of nationality or, in
the case of an alien having no nationality, the alien’s country of last habitual residence, by returning to such country
with permanent resident status or the reasonable possibility
of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or
‘‘(E) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality.
‘‘(3) REMOVAL WHEN ASYLUM IS TERMINATED.—An alien described in paragraph (2) is subject to any applicable grounds of
inadmissibility or deportability under section 212(a) and
237(a), and the alien’s removal or return shall be directed by
the Attorney General in accordance with sections 240 and 241.
‘‘(d) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—The Attorney General shall establish a
procedure for the consideration of asylum applications filed
under subsection (a). The Attorney General may require applicants to submit fingerprints and a photograph at such time and
in such manner to be determined by regulation by the Attorney
General.
‘‘(2) EMPLOYMENT.—An applicant for asylum is not entitled
to employment authorization, but such authorization may be
provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authorization
shall not be granted such authorization prior to 180 days after
the date of filing of the application for asylum.
‘‘(3) FEES.—The Attorney General may impose fees for the
consideration of an application for asylum, for employment authorization under this section, and for adjustment of status
under section 209(b). Such fees shall not exceed the Attorney
General’s costs in adjudicating the applications. The Attorney
General may provide for the assessment and payment of such
fees over a period of time or by installments. Nothing in this

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paragraph shall be construed to require the Attorney General to
charge fees for adjudication services provided to asylum applicants, or to limit the authority of the Attorney General to set adjudication and naturalization fees in accordance with section
286(m).
‘‘(4) NOTICE OF PRIVILEGE OF COUNSEL AND CONSEQUENCES
OF FRIVOLOUS APPLICATION.—At the time of filing an application for asylum, the Attorney General shall—
‘‘(A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for
asylum; and
‘‘(B) provide the alien a list of persons (updated not less
often than quarterly) who have indicated their availability
to represent aliens in asylum proceedings on a pro bono
basis.
‘‘(5) CONSIDERATION OF ASYLUM APPLICATIONS.—
‘‘(A) PROCEDURES.—The procedure established under
paragraph (1) shall provide that—
‘‘(i) asylum cannot be granted until the identity of
the applicant has been checked against all appropriate
records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds
on which the alien may be inadmissible to or deportable from the United States, or ineligible to apply for
or be granted asylum;
‘‘(ii) in the absence of exceptional circumstances,
the initial interview or hearing on the asylum application shall commence not later than 45 days after the
date an application is filed;
‘‘(iii) in the absence of exceptional circumstances,
final administrative adjudication of the asylum application, not including administrative appeal, shall be
completed within 180 days after the date an application is filed;
‘‘(iv) any administrative appeal shall be filed within 30 days of a decision granting or denying asylum,
or within 30 days of the completion of removal proceedings before an immigration judge under section 240,
whichever is later; and
‘‘(v) in the case of an applicant for asylum who
fails without prior authorization or in the absence of
exceptional circumstances to appear for an interview or
hearing, including a hearing under section 240, the application may be dismissed or the applicant may be
otherwise sanctioned for such failure.
‘‘(B) ADDITIONAL REGULATORY CONDITIONS.—The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application
for asylum not inconsistent with this Act.
‘‘(6) FRIVOLOUS APPLICATIONS.—If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under

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paragraph (4)(A), the alien shall be permanently ineligible for
any benefits under this Act, effective as of the date of a final
determination on such application.
‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) The item in the table of contents relating to section 208
is amended to read as follows:
‘‘Sec. 208. Asylum.’’.

(2) Section 104(d)(1)(A) of the Immigration Act of 1990
(Public Law 101–649) is amended by striking ‘‘208(b)’’ and inserting ‘‘208’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to applications for asylum filed on or after the first day
of the first month beginning more than 180 days after the date of
the enactment of this Act.
SEC. 605. INCREASE IN ASYLUM OFFICERS.

Subject to the availability of appropriations, the Attorney General shall provide for an increase in the number of asylum officers
to at least 600 asylum officers by fiscal year 1997.
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.

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

Subtitle B—Miscellaneous Amendments to
the Immigration and Nationality Act
SEC. 621. ALIEN WITNESS COOPERATION.

Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by section
130003(b)(2) of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103–322; 108 Stat. 2025)) (relating to numerical limitations on the number of aliens who may be provided a visa
as nonimmigrants under section 101(a)(15)(S)) is amended—
(1) by striking ‘‘100.’’ and inserting ‘‘200.’’; and
(2) by striking ‘‘25.’’ and inserting ‘‘50.’’.
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT
WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES.

(a) EXTENSION OF WAIVER PROGRAM.—Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8
U.S.C. 1182 note) is amended by striking ‘‘1996.’’ and inserting
‘‘2002.’’.

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(b) CONDITIONS ON FEDERALLY REQUESTED WAIVERS.—Section
212(e) (8 U.S.C. 1182(e)) is amended by inserting after ‘‘except that
in the case of a waiver requested by a State Department of Public
Health, or its equivalent’’ the following: ‘‘, or in the case of a waiver
requested by an interested United States Government agency on behalf of an alien described in clause (iii),’’.
(c) RESTRICTIONS ON FEDERALLY REQUESTED WAIVERS.—Section 214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416; 108 Stat. 4319)) is amended to read as follows:
‘‘(k)(1) In the case of a request by an interested State agency,
or by an interested Federal agency, for a waiver of the 2-year foreign
residence requirement under section 212(e) on behalf of an alien described in clause (iii) of such section, the Attorney General shall not
grant such waiver unless—
‘‘(A) in the case of an alien who is otherwise contractually
obligated to return to a foreign country, the government of such
country furnishes the Director of the United States Information
Agency with a statement in writing that it has no objection to
such waiver;
‘‘(B) in the case of a request by an interested State agency,
the grant of such waiver would not cause the number of waivers
allotted for that State for that fiscal year to exceed 20;
‘‘(C) in the case of a request by an interested Federal agency
or by an interested State agency—
‘‘(i) the alien demonstrates a bona fide offer of full-time
employment at a health facility or health care organization,
which employment has been determined by the Attorney
General to be in the public interest; and
‘‘(ii) the alien agrees to begin employment with the
health facility or health care organization within 90 days
of receiving such waiver, and agrees to continue to work for
a total of not less than 3 years (unless the Attorney General
determines that extenuating circumstances exist, such as
closure of the facility or hardship to the alien, which would
justify a lesser period of employment at such health facility
or health care organization, in which case the alien must
demonstrate another bona fide offer of employment at a
health facility or health care organization for the remainder of such 3-year period); and
‘‘(D) in the case of a request by an interested Federal agency
(other than a request by an interested Federal agency to employ
the alien full-time in medical research or training) or by an interested State agency, the alien agrees to practice medicine in
accordance with paragraph (2) for a total of not less than 3
years only in the geographic area or areas which are designated
by the Secretary of Health and Human Services as having a
shortage of health care professionals.
‘‘(2)(A) Notwithstanding section 248(2), the Attorney General
may change the status of an alien who qualifies under this subsection and section 212(e) to that of an alien described in section
101(a)(15)(H)(i)(b).
‘‘(B) No person who has obtained a change of status under subparagraph (A) and who has failed to fulfill the terms of the contract

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with the health facility or health care organization named in the
waiver application shall be eligible to apply for an immigrant visa,
for permanent residence, or for any other change of nonimmigrant
status, until it is established that such person has resided and been
physically present in the country of his nationality or his last residence for an aggregate of at least 2 years following departure from
the United States.
‘‘(3) Notwithstanding any other provision of this subsection, the
2-year foreign residence requirement under section 212(e) shall
apply with respect to an alien described in clause (iii) of such section, who has not otherwise been accorded status under section
101(a)(27)(H), if—
‘‘(A) at any time the alien ceases to comply with any agreement entered into under subparagraph (C) or (D) of paragraph
(1); or
‘‘(B) the alien’s employment ceases to benefit the public interest at any time during the 3-year period described in paragraph (1)(C).’’.
SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER INFORMATION.

(a) CONFIDENTIALITY OF INFORMATION.—Section 245A(c)(5) (8
U.S.C. 1255a(c)(5)) is amended to read as follows:
‘‘(5) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—Except as provided in this paragraph, neither the Attorney General, nor any other official
or employee of the Department of Justice, or bureau or
agency thereof, may—
‘‘(i) use the information furnished by the applicant
pursuant to an application filed under this section for
any purpose other than to make a determination on the
application, for enforcement of paragraph (6), or for the
preparation of reports to Congress under section 404 of
the Immigration Reform and Control Act of 1986;
‘‘(ii) make any publication whereby the information
furnished by any particular applicant can be identified; or
‘‘(iii) permit anyone other than the sworn officers
and employees of the Department or bureau or agency
or, with respect to applications filed with a designated
entity, that designated entity, to examine individual
applications.
‘‘(B) REQUIRED DISCLOSURES.—The Attorney General
shall provide the information furnished under this section,
and any other information derived from such furnished information, to a duly recognized law enforcement entity in
connection with a criminal investigation or prosecution,
when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such individual is deceased as a result of a crime).
‘‘(C) AUTHORIZED DISCLOSURES.—The Attorney General
may provide, in the Attorney General’s discretion, for the
furnishing of information furnished under this section in
the same manner and circumstances as census information

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may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.
‘‘(D) CONSTRUCTION.—
‘‘(i) IN GENERAL.—Nothing in this paragraph shall
be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes
of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant
pursuant to the application, or any other information
derived from the application, that is not available from
any other source.
‘‘(ii) CRIMINAL CONVICTIONS.—Information concerning whether the applicant has at any time been
convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.
‘‘(E) CRIME.—Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
paragraph shall be fined not more than $10,000.’’.
(b) SPECIAL AGRICULTURAL WORKERS.—Section 210(b)(6) (8
U.S.C. 1160(b)(6)) is amended to read as follows:
‘‘(6) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—Except as provided in this paragraph, neither the Attorney General, nor any other official
or employee of the Department of Justice, or bureau or
agency thereof, may—
‘‘(i) use the information furnished by the applicant
pursuant to an application filed under this section for
any purpose other than to make a determination on the
application, including a determination under subsection (a)(3)(B), or for enforcement of paragraph (7);
‘‘(ii) make any publication whereby the information
furnished by any particular individual can be identified; or
‘‘(iii) permit anyone other than the sworn officers
and employees of the Department or bureau or agency
or, with respect to applications filed with a designated
entity, that designated entity, to examine individual
applications.
‘‘(B) REQUIRED DISCLOSURES.—The Attorney General
shall provide information furnished under this section, and
any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when
such information is requested in writing by such entity, or
to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual
is deceased as a result of a crime).
‘‘(C) CONSTRUCTION.—
‘‘(i) IN GENERAL.—Nothing in this paragraph shall
be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes
of information contained in files or records of the Service pertaining to an application filed under this sec-

171
tion, other than information furnished by an applicant
pursuant to the application, or any other information
derived from the application, that is not available from
any other source.
‘‘(ii) CRIMINAL CONVICTIONS.—Information concerning whether the applicant has at any time been
convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.
‘‘(D) CRIME.—Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
paragraph shall be fined not more than $10,000.’’.
SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND
CLASSIFICATION PETITIONS FOR PROFESSIONAL ATHLETES.

(a) LABOR CERTIFICATION.—Section 212(a)(5)(A) (8 U.S.C.
1182(a)(5)(A)) is amended by adding at the end the following:
‘‘(iii) PROFESSIONAL ATHLETES.—
‘‘(I) IN GENERAL.—A certification made under
clause (i) with respect to a professional athlete
shall remain valid with respect to the athlete after
the athlete changes employer, if the new employer
is a team in the same sport as the team which employed the athlete when the athlete first applied for
the certification.
‘‘(II) DEFINITION.—For purposes of subclause
(I), the term ‘professional athlete’ means an individual who is employed as an athlete by—
‘‘(aa) a team that is a member of an association of 6 or more professional sports teams
whose total combined revenues exceed
$10,000,000 per year, if the association governs the conduct of its members and regulates
the contests and exhibitions in which its member teams regularly engage; or
‘‘(bb) any minor league team that is affiliated with such an association.’’.
(b) CLASSIFICATION PETITIONS.—Section 204 (8 U.S.C. 1154) is
amended by adding at the end the following:
‘‘(i) PROFESSIONAL ATHLETES.—
‘‘(1) IN GENERAL.—A petition under subsection (a)(4)(D) for
classification of a professional athlete shall remain valid for the
athlete after the athlete changes employers, if the new employer
is a team in the same sport as the team which was the employer
who filed the petition.
‘‘(2) DEFINITION.—For purposes of paragraph (1), the term
‘professional athlete’ means an individual who is employed as
an athlete by—
‘‘(A) a team that is a member of an association of 6 or
more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs
the conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
‘‘(B) any minor league team that is affiliated with such
an association.’’.

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SEC. 625. FOREIGN STUDENTS.

(a) LIMITATIONS.—
(1) IN GENERAL.—Section 214 (8 U.S.C. 1184) is amended
by adding at the end the following new subsection:
‘‘(l)(1) An alien may not be accorded status as a nonimmigrant
under section 101(a)(15)(F)(i) in order to pursue a course of study—
‘‘(A) at a public elementary school or in a publicly funded
adult education program; or
‘‘(B) at a public secondary school unless—
‘‘(i) the aggregate period of such status at such a school
does not exceed 12 months with respect to any alien, and
(ii) the alien demonstrates that the alien has reimbursed
the local educational agency that administers the school for
the full, unsubsidized per capita cost of providing education at such school for the period of the alien’s attendance.
‘‘(2) An alien who obtains the status of a nonimmigrant under
section 101(a)(15)(F)(i) in order to pursue a course of study at a private elementary or secondary school or in a language training program that is not publicly funded shall be considered to have violated such status, and the alien’s visa under section 101(a)(15)(F)
shall be void, if the alien terminates or abandons such course of
study at such a school and undertakes a course of study at a public
elementary school, in a publicly funded adult education program, in
a publicly funded adult education language training program, or at
a public secondary school (unless the requirements of paragraph
(1)(B) are met).’’.
(2) CONFORMING AMENDMENT.—Section 101(a)(15)(F) (8
U.S.C. 1101(a)(15)(F)) is amended by inserting ‘‘consistent with
section 214(l)’’ after ‘‘such a course of study’’.
(b) REFERENCE TO NEW GROUND OF EXCLUSION FOR STUDENT
VISA ABUSERS.—For addition of ground of inadmissibility for certain nonimmigrant student abusers, see section 347.
(c) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply to individuals who obtain the status of a nonimmigrant
under section 101(a)(15)(F) of the Immigration and Nationality Act
after the end of the 60-day period beginning on the date of the enactment of this Act, including aliens whose status as such a nonimmigrant is extended after the end of such period.
SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND
AGENTS KILLED IN THE LINE OF DUTY.

(a) IN GENERAL.—Title II, as amended by section 205(a), is
amended by adding at the end the following new section:
‘‘TRANSPORTATION

OF REMAINS OF IMMIGRATION OFFICERS AND
BORDER PATROL AGENTS KILLED IN THE LINE OF DUTY

‘‘SEC. 295. (a) IN GENERAL.—To the extent provided in appropriation Acts, when an immigration officer or border patrol agent
is killed in the line of duty, the Attorney General may pay from appropriations available for the activity in which the officer or agent
was engaged—
‘‘(1) the actual and necessary expenses of transportation of
the remains of the officer or agent to a place of burial located
in any State, American Samoa, the Commonwealth of the

173
Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of
Palau;
‘‘(2) travel expenses, including per diem in lieu of subsistence, of the decedent’s spouse and minor children to and from
such site at rates not greater than those established for official
government travel under subchapter I of chapter 57 of title 5,
United States Code; and
‘‘(3) any other memorial service authorized by the Attorney
General.
‘‘(b) PREPAYMENT.—The Attorney General may prepay any expense authorized to be paid under this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents, as amended
by section 205(b), is amended by inserting after the item relating to
section 294 the following new item:
‘‘Sec. 295.

Transportation of remains of immigration officers and border patrol
agents killed in the line of duty.’’.

Subtitle C—Provisions Relating to Visa
Processing and Consular Efficiency
SEC. 631. VALIDITY OF PERIOD OF VISAS.

(a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS TO 6
MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is amended by striking
‘‘four months’’ and inserting ‘‘six months’’.
(b) AUTHORIZING APPLICATION OF RECIPROCITY RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES AND PERMANENT RESIDENTS.—Such section is further amended by inserting before the period at the end of the third sentence the following: ‘‘; except that in
the case of aliens who are nationals of a foreign country and who
either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in
another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by
that other foreign country to alien refugees and permanent residents, respectively, in the United States’’.
SEC.

632.

ELIMINATION
OVERSTAYS.

OF

CONSULATE

SHOPPING

FOR

VISA

(a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is amended by
adding at the end the following:
‘‘(g)(1) In the case of an alien who has been admitted on the
basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such
visa shall be void beginning after the conclusion of such period of
stay.
‘‘(2) An alien described in paragraph (1) shall be ineligible to
be readmitted to the United States as a nonimmigrant, except—
‘‘(A) on the basis of a visa (other than the visa described in
paragraph (1)) issued in a consular office located in the country
of the alien’s nationality (or, if there is no office in such country,
in such other consular office as the Secretary of State shall
specify); or

174
‘‘(B) where extraordinary circumstances are found by the
Secretary of State to exist.’’.
(b) APPLICABILITY.—
(1) VISAS.—Section 222(g)(1) of the Immigration and Nationality Act, as added by subsection (a), shall apply to a visa
issued before, on, or after the date of the enactment of this Act.
(2) ALIENS SEEKING READMISSION.—Section 222(g)(2) of the
Immigration and Nationality Act, as added by subsection (a),
shall apply to any alien applying for readmission to the United
States after the date of the enactment of this Act, except an
alien applying for readmission on the basis on a visa that—
(A) was issued before such date; and
(B) is not void through the application of section
222(g)(1) of the Immigration and Nationality Act, as added
by subsection (a).
SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘NONDISCRIMINATION.—’’; and
(2) by adding at the end the following:
‘‘(B) Nothing in this paragraph shall be construed to limit
the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the
locations where such applications will be processed.’’.
SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.

(a) NONIMMIGRANT APPLICATIONS.—Section 222(c) (8 U.S.C.
1202(c)) is amended—
(1) by striking ‘‘personal description’’ through ‘‘marks of
identification);’’;
(2) by striking ‘‘applicant’’ and inserting ‘‘applicant, the determination of his eligibility for a nonimmigrant visa,’’; and
(3) by adding at the end the following: ‘‘At the discretion
of the Secretary of State, application forms for the various
classes of nonimmigrant admissions described in section
101(a)(15) may vary according to the class of visa being requested.’’.
(b) DISPOSITION OF APPLICATIONS.—Section 222(e) (8 U.S.C.
1202(e)) is amended—
(1) in the first sentence, by striking ‘‘required by this section’’ and inserting ‘‘for an immigrant visa’’; and
(2) in the fourth sentence—
(A) by striking ‘‘stamp’’ and inserting ‘‘stamp, or other’’;
(B) by striking ‘‘by the consular officer’’.
SEC. 635. VISA WAIVER PROGRAM.

(a) ELIMINATION OF JOINT ACTION REQUIREMENT.—Section 217
(8 U.S.C. 1187) is amended—
(1) in subsection (a), by striking ‘‘Attorney General and the
Secretary of State, acting jointly’’ and inserting ‘‘Attorney General, in consultation with the Secretary of State’’;
(2) in subsection (c)(1), by striking ‘‘Attorney General and
the Secretary of State acting jointly’’ and inserting ‘‘Attorney
General, in consultation with the Secretary of State,’’; and

175
(3) in subsection (d), by striking ‘‘Attorney General and the
Secretary of State, acting jointly,’’ and inserting ‘‘Attorney General, in consultation with the Secretary of State,’’.
(b) EXTENSION OF PROGRAM.—Section 217(f) (8 U.S.C. 1187(f))
is amended by striking ‘‘1996’’ and inserting ‘‘1997.’’.
(c) DURATION AND TERMINATION OF DESIGNATION OF PILOT
PROGRAM COUNTRIES.—
(1) IN GENERAL.—Section 217(g) (8 U.S.C. 1187(g)) is
amended to read as follows:
‘‘(g) DURATION AND TERMINATION OF DESIGNATION.—
‘‘(1) IN GENERAL.—
‘‘(A) DETERMINATION AND NOTIFICATION OF DISQUALIFICATION RATE.—Upon determination by the Attorney General that a pilot program country’s disqualification rate is
2 percent or more, the Attorney General shall notify the
Secretary of State.
‘‘(B) PROBATIONARY STATUS.—If the program country’s
disqualification rate is greater than 2 percent but less than
3.5 percent, the Attorney General shall place the program
country in probationary status for a period not to exceed 2
full fiscal years following the year in which the determination under subparagraph (A) is made.
‘‘(C) TERMINATION OF DESIGNATION.—Subject to paragraph (3), if the program country’s disqualification rate is
3.5 percent or more, the Attorney General shall terminate
the country’s designation as a pilot program country effective at the beginning of the second fiscal year following the
fiscal year in which the determination under subparagraph
(A) is made.
‘‘(2) TERMINATION OF PROBATIONARY STATUS.—
‘‘(A) IN GENERAL.—If the Attorney General determines
at the end of the probationary period described in paragraph (1)(B) that the program country placed in probationary status under such paragraph has failed to develop a
machine-readable passport program as required by section
(c)(2)(C), or has a disqualification rate of 2 percent or more,
the Attorney General shall terminate the designation of the
country as a pilot program country. If the Attorney General
determines that the program country has developed a machine-readable passport program and has a disqualification rate of less than 2 percent, the Attorney General shall
redesignate the country as a pilot program country.
‘‘(B) EFFECTIVE DATE.—A termination of the designation of a country under subparagraph (A) shall take
effect on the first day of the first fiscal year following the fiscal year
in which the determination under such subparagraph is made.
Until such date, nationals of the country shall remain eligible for
a waiver under subsection (a).
‘‘(3) NONAPPLICABILITY OF CERTAIN PROVISIONS.—Paragraph (1)(C) shall not apply unless the total number of nationals of a pilot program country described in paragraph (4)(A) exceeds 100.
‘‘(4) DEFINITION.—For purposes of this subsection, the term
‘disqualification rate’ means the percentage which—

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‘‘(A) the total number of nationals of the pilot program
country who were—
‘‘(i) excluded from admission or withdrew their application for admission during the most recent fiscal
year for which data are available; and
‘‘(ii) admitted as nonimmigrant visitors during
such fiscal year and who violated the terms of such admission; bears to
‘‘(B) the total number of nationals of such country who
applied for admission as nonimmigrant visitors during
such fiscal year.’’.
(2) TRANSITION.—A country designated as a pilot program
country with probationary status under section 217(g) of the
Immigration and Nationality Act (as in effect on the day before
the date of the enactment of this Act) shall be considered to be
designated as a pilot program country on and after such date,
subject to placement in probationary status or termination of
such designation under such section (as amended by paragraph
(1)).
(3) CONFORMING AMENDMENT.—Section 217(a)(2)(B) (8
U.S.C. 1187(a)(2)(B)) is amended by striking ‘‘or is’’ through
‘‘subsection (g).’’ and inserting a period.
SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

The Secretary of State may establish a fee to be paid by each
applicant for an immigrant visa described in section 203(c) of the
Immigration and Nationality Act. Such fee may be set at a level
that will ensure recovery of the cost to the Department of State of
allocating visas under such section, including the cost of processing
all applications thereunder. All fees collected under this section
shall be used for providing consular services. All fees collected
under this section shall be deposited as an offsetting collection to
any Department of State appropriation and shall remain available
for obligations until expended. The provisions of the Act of August
18, 1856 (11 Stat. 58; 22 U.S.C. 4212–4214), concerning accounting
for consular fees, shall not apply to fees collected under this section.
SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS
FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM.

(a) IN GENERAL.—The Attorney General, in consultation with
the Secretary of State, shall include among the aliens selected for
diversity immigrant visas for fiscal year 1997 pursuant to section
203(c) of the Immigration and Nationality Act any alien who, on or
before September 30, 1995—
(1) was selected as a diversity immigrant under such section for fiscal year 1995;
(2) applied for adjustment of status to that of an alien lawfully admitted for permanent residence pursuant to section 245
of such Act during fiscal year 1995, and whose application, and
any associated fees, were accepted by the Attorney General, in
accordance with applicable regulations;
(3) was not determined by the Attorney General to be excludable under section 212 of such Act or ineligible under section 203(c)(2) of such Act; and

177
(4) did not become an alien lawfully admitted for permanent residence during fiscal year 1995.
(b) PRIORITY.—The aliens selected under subsection (a) shall be
considered to have been selected for diversity immigrant visas for
fiscal year 1997 prior to any alien selected under any other provision of law.
(c) REDUCTION OF IMMIGRANT VISA NUMBER.—For purposes of
applying the numerical limitations in sections 201 and 203(c) of the
Immigration and Nationality Act, aliens selected under subsection
(a) who are granted an immigrant visa shall be treated as aliens
granted a visa under section 203(c) of such Act.

Subtitle D—Other Provisions
SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT FOREIGN STUDENTS AND OTHER EXCHANGE
PROGRAM PARTICIPANTS.

(a) IN GENERAL.—
(1) PROGRAM.—The Attorney General, in consultation with
the Secretary of State and the Secretary of Education, shall develop and conduct a program to collect from approved institutions of higher education and designated exchange visitor programs in the United States the information described in subsection (c) with respect to aliens who—
(A) have the status, or are applying for the status, of
nonimmigrants under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act;
and
(B) are nationals of the countries designated under
subsection (b).
(2) DEADLINE.—The program shall commence not later
than January 1, 1998.
(b) COVERED COUNTRIES.—The Attorney General, in consultation with the Secretary of State, shall designate countries for purposes of subsection (a)(1)(B). The Attorney General shall initially
designate not less than 5 countries and may designate additional
countries at any time while the program is being conducted.
(c) INFORMATION TO BE COLLECTED.—
(1) IN GENERAL.—The information for collection under subsection (a) with respect to an alien consists of—
(A) the identity and current address in the United
States of the alien;
(B) the nonimmigrant classification of the alien and
the date on which a visa under the classification was issued or extended or the date on which a change to such
classification was approved by the Attorney General;
(C) in the case of a student at an approved institution
of higher education, the current academic status of the
alien, including whether the alien is maintaining status as
a full-time student or, in the case of a participant in a designated exchange visitor program, whether the alien is satisfying the terms and conditions of such program; and
(D) in the case of a student at an approved institution
of higher education, any disciplinary action taken by the

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institution against the alien as a result of the alien’s being
convicted of a crime or, in the case of a participant in a
designated exchange visitor program, any change in the
alien’s participation as a result of the alien’s being convicted of a crime.
(2) FERPA.—The Family Educational Rights and Privacy
Act of 1974 shall not apply to aliens described in subsection (a)
to the extent that the Attorney General determines necessary to
carry out the program under subsection (a).
(3) ELECTRONIC COLLECTION.—The information described
in paragraph (1) shall be collected electronically, where practicable.
(4) COMPUTER SOFTWARE.—
(A) COLLECTING INSTITUTIONS.—To the extent practicable, the Attorney General shall design the program in a
manner that permits approved institutions of higher education and designated exchange visitor programs to use existing software for the collection, storage, and data processing of information described in paragraph (1).
(B) ATTORNEY GENERAL.—To the extent practicable, the
Attorney General shall use or enhance existing software for
the collection, storage, and data processing of information
described in paragraph (1).
(d) PARTICIPATION BY INSTITUTIONS OF HIGHER EDUCATION AND
EXCHANGE VISITOR PROGRAMS.—
(1) CONDITION.—The information described in subsection
(c) shall be provided by as a condition of—
(A) in the case of an approved institution of higher education, the continued approval of the institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and
Nationality Act; and
(B) in the case of an approved institution of higher education or a designated exchange visitor program, the granting
of authority to issue documents to an alien demonstrating the
alien’s eligibility for a visa under subparagraph (F), (J), or (M)
of section 101(a)(15) of such Act.
(2) EFFECT OF FAILURE TO PROVIDE INFORMATION.—If an
approved institution of higher education or a designated exchange visitor program fails to provide the specified information, such approvals and such issuance of visas shall be revoked
or denied.
(e) FUNDING.—
(1) IN GENERAL.—Beginning on April 1, 1997, an approved
institution of higher education and a designated exchange visitor program shall impose on, and collect from, each alien described in paragraph (3), with respect to whom the institution
or program is required by subsection (a) to collect information,
a fee established by the Attorney General under paragraph (4)
at the time—
(A) when the alien first registers with the institution or
program after entering the United States; or
(B) in a case where a registration under subparagraph
(A) does not exist, when the alien first commences activities
in the United States with the institution or program.

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(2) REMITTANCE.—An approved institution of higher education and a designated exchange visitor program shall remit
the fees collected under paragraph (1) to the Attorney General
pursuant to a schedule established by the Attorney General.
(3) ALIENS DESCRIBED.—An alien referred to in paragraph
(1) is an alien who has nonimmigrant status under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration
and Nationality Act (other than a nonimmigrant under section
101(a)(15)(J) of such Act who has come to the United States as
a participant in a program sponsored by the Federal Government).
(4) AMOUNT AND USE OF FEES.—
(A) ESTABLISHMENT OF AMOUNT.—The Attorney General shall establish the amount of the fee to be imposed on,
and collected from, an alien under paragraph (1). Except as
provided in subsection (g)(2), the fee imposed on any individual may not exceed $100. The amount of the fee shall be
based on the Attorney General’s estimate of the cost per
alien of conducting the information collection program described in this section.
(B) USE.—Fees collected under paragraph (1) shall be
deposited as offsetting receipts into the Immigration Examinations Fee Account (established under section 286(m) of
the Immigration and Nationality Act) and shall remain
available until expended for the Attorney General to reimburse any appropriation the amount paid out of which is
for expenses in carrying out this section.
(f) JOINT REPORT.—Not later than 4 years after the commencement of the program established under subsection (a), the Attorney
General, the Secretary of State, and the Secretary of Education
shall jointly submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the operations of
the program and the feasibility of expanding the program to cover
the nationals of all countries.
(g) WORLDWIDE APPLICABILITY OF THE PROGRAM.—
(1) EXPANSION OF PROGRAM.—
(A) IN GENERAL.—Not later than 6 months after the
submission of the report required by subsection (f), the Attorney General, in consultation with the Secretary of State
and the Secretary of Education, shall commence expansion
of the program to cover the nationals of all countries.
(B) DEADLINE.—Such expansion shall be completed not
later than 1 year after the date of the submission of the report referred to in subsection (f).
(2) REVISION OF FEE.—After the program has been expanded, as provided in paragraph (1), the Attorney General
may, on a periodic basis, revise the amount of the fee imposed
and collected under subsection (e) in order to take into account
changes in the cost of carrying out the program.
(h) DEFINITIONS.—As used in this section:
(1) APPROVED INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘approved institution of higher education’’ means a college
or university approved by the Attorney General, in consultation
with the Secretary of Education, under subparagraph (F), (J),

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or (M) of section 101(a)(15) of the Immigration and Nationality
Act.
(2) DESIGNATED EXCHANGE VISITOR PROGRAM.—The term
‘‘designated exchange visitor program’’ means a program that
has been—
(A) designated by the Director of the United States Information Agency for purposes of section 101(a)(15)(J) of
the Immigration and Nationality Act; and
(B) selected by the Attorney General for purposes of the
program under this section.
SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND
THE IMMIGRATION AND NATURALIZATION SERVICE.

(a) IN GENERAL.—Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity
or official may not prohibit, or in any way restrict, any government
entity or official from sending to, or receiving from, the Immigration
and Naturalization Service information regarding the citizenship or
immigration status, lawful or unlawful, of any individual.
(b) ADDITIONAL AUTHORITY OF GOVERNMENT ENTITIES.—Notwithstanding any other provision of Federal, State, or local law, no
person or agency may prohibit, or in any way restrict, a Federal,
State, or local government entity from doing any of the following
with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving
such information from, the Immigration and Naturalization
Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal,
State, or local government entity.
(c) OBLIGATION TO RESPOND TO INQUIRIES.—The Immigration
and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within
the jurisdiction of the agency for any purpose authorized by law, by
providing the requested verification or status information.
SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.

Not later than 6 months after the date of the enactment of this
Act, the Commissioner of Immigration and Naturalization shall
issue regulations governing rights of ‘‘habitual residence’’ in the
United States under the terms of the following:
(1) The Compact of Free Association between the Government of the United States and the Governments of the Marshall
Islands and the Federated States of Micronesia (48 U.S.C. 1901
note).
(2) The Compact of Free Association between the Government of the United States and the Government of Palau (48
U.S.C. 1931 note).
SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.

(a) PROVISION OF INFORMATION REGARDING FEMALE GENITAL
MUTILATION.—The Immigration and Naturalization Service (in cooperation with the Department of State) shall make available for all
aliens who are issued immigrant or nonimmigrant visas, prior to or

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at the time of entry into the United States, the following information:
(1) Information on the severe harm to physical and psychological health caused by female genital mutilation which is
compiled and presented in a manner which is limited to the
practice itself and respectful to the cultural values of the societies in which such practice takes place.
(2) Information concerning potential legal consequences in
the United States for (A) performing female genital mutilation,
or (B) allowing a child under his or her care to be subjected to
female genital mutilation, under criminal or child protection
statutes or as a form of child abuse.
(b) LIMITATION.—In consultation with the Secretary of State,
the Commissioner of Immigration and Naturalization shall identify
those countries in which female genital mutilation is commonly
practiced and, to the extent practicable, limit the provision of information under subsection (a) to aliens from such countries.
(c) DEFINITION.—For purposes of this section, the term ‘‘female
genital mutilation’’ means the removal or infibulation (or both) of
the whole or part of the clitoris, the labia minora, or labia majora.
SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.

(a) FINDINGS.—The Congress finds that—
(1) the practice of female genital mutilation is carried out
by members of certain cultural and religious groups within the
United States;
(2) the practice of female genital mutilation often results in
the occurrence of physical and psychological health effects that
harm the women involved;
(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and constitutional;
(4) the unique circumstances surrounding the practice of female genital mutilation place it beyond the ability of any single
State or local jurisdiction to control;
(5) the practice of female genital mutilation can be prohibited without abridging the exercise of any rights guaranteed
under the first amendment to the Constitution or under any
other law; and
(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the fourteenth amendment, as well as under the treaty clause, to the
Constitution to enact such legislation.
(b) CRIME.—
(1) IN GENERAL.—Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 116. Female genital mutilation
‘‘(a) Except as provided in subsection (b), whoever knowingly
circumcises, excises, or infibulates the whole or any part of the labia
majora or labia minora or clitoris of another person who has not
attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.
‘‘(b) A surgical operation is not a violation of this section if the
operation is—

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‘‘(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of
its performance as a medical practitioner; or
‘‘(2) performed on a person in labor or who has just given
birth and is performed for medical purposes connected with
that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training
to become such a practitioner or midwife.
‘‘(c) In applying subsection (b)(1), no account shall be taken of
the effect on the person on whom the operation is to be performed
of any belief on the part of that person, or any other person, that
the operation is required as a matter of custom or ritual.’’.
(2) CONFORMING AMENDMENT.—The table of sections at the
beginning of chapter 7 of title 18, United States Code, is
amended by adding at the end the following new item:
‘‘116. Female genital mutilation.’’.

(c) EFFECTIVE DATE.—The amendments made by subsection (b)
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN PAROLEES.

(a) IN GENERAL.—The Attorney General shall adjust the status
of an alien described in subsection (b) to that of an alien lawfully
admitted for permanent residence if the alien—
(1) applies for such adjustment;
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for such adjustment is filed;
(3) is admissible to the United States as an immigrant, except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney General) for the
processing of such application.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—The benefits provided in subsection (a) shall only apply to an alien who—
(1) was a national of Poland or Hungary; and
(2) was inspected and granted parole into the United States
during the period beginning on November 1, 1989, and ending
on December 31, 1991, after being denied refugee status.
(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.—The
provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of the
Immigration and Nationality Act shall not apply to adjustment of
status under this section and the Attorney General may waive any
other provision of such section (other than paragraph (2)(C) and
subparagraphs (A), (B), (C), or (E) of paragraph (3)) with respect to
such an adjustment for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest.
(d) DATE OF APPROVAL.—Upon the approval of such an application for adjustment of status, the Attorney General shall create a
record of the alien’s admission as an alien lawfully admitted for
permanent residence as of the date of the alien’s inspection and parole described in subsection (b)(2).
(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—When an
alien is granted the status of having been lawfully admitted for per-

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manent residence under this section, the Secretary of State shall not
be required to reduce the number of immigrant visas authorized to
be issued under the Immigration and Nationality Act.
SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.

(a) IN GENERAL.—The Attorney General shall make available
funds under this section, in each of fiscal years 1997 through 2001,
to the Commissioner of Immigration and Naturalization or to other
public or private nonprofit entities to support demonstration projects
under this section at 10 sites throughout the United States. Each
such project shall be designed to provide for the administration of
the oath of allegiance under section 337(a) of the Immigration and
Nationality Act on a business day around Independence Day to approximately 500 people whose application for naturalization has
been approved. Each project shall provide for appropriate outreach
and ceremonial and celebratory activities.
(b) SELECTION OF SITES.—The Attorney General shall, in the
Attorney General’s discretion, select diverse locations for sites on the
basis of the number of naturalization applicants living in proximity
to each site and the degree of local community participation and
support in the project to be held at the site. Not more than 2 sites
may be located in the same State. The Attorney General shall consider changing the sites selected from year to year.
(c) AMOUNTS AVAILABLE; USE OF FUNDS.—
(1) AMOUNT.—The amount made available under this section with respect to any single site for a year shall not exceed
$5,000.
(2) USE.—Funds made available under this section may be
used only to cover expenses incurred in carrying out oath administration ceremonies at the demonstration sites under subsection (a), including expenses for—
(A) cost of personnel of the Immigration and Naturalization Service (including travel and overtime expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures and other
information about the ceremonies.
(3) AVAILABILITY OF FUNDS.—Funds that are otherwise
available to the Immigration and Naturalization Service to
carry out naturalization activities shall be available, to the extent provided in appropriation Acts, to carry out this section.
(d) APPLICATION.—In the case of an entity other than the Immigration and Naturalization Service seeking to conduct a demonstration project under this section, no amounts may be made available
to the entity under this section unless an appropriate application
has been made to, and approved by, the Attorney General, in a form
and manner specified by the Attorney General.
SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; REQUIREMENTS REGARDING NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODis the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available under this Act should be American-made.
(b) NOTICE TO RECIPIENTS OF GRANTS.—In providing grants
under this Act, the Attorney General, to the greatest extent prac-

UCTS.—It

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ticable, shall provide to each recipient of a grant a notice describing
the statement made in subsection (a) by the Congress.
SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION
EMERGENCY.

Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is amended in the first sentence by inserting ‘‘or whenever the Attorney General determines that an actual or anticipated mass migration of
aliens en route to, or arriving off the coast of, the United States presents urgent circumstances requiring an immediate Federal response,’’ after ‘‘United States,’’ the first place such term appears.
SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.

(a) IN GENERAL.—The Attorney General shall investigate, and
submit a report to the Committees on the Judiciary of the House of
Representatives and of the Senate regarding, the practices of entities
authorized to administer standardized citizenship tests pursuant to
section 312.3(a) of title 8, Code of Federal Regulations. The report
shall include any findings of fraudulent practices by such entities.
(b) PRELIMINARY AND FINAL REPORTS.—Not later than 90 days
after the date of the enactment of this Act, the Attorney General
shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a preliminary report on the investigation conducted under subsection (a). The Attorney General shall
submit to such Committees a final report on such investigation not
later than 275 days after the submission of the preliminary report.
SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE BUILDING.

(a) DESIGNATION.—The United States Customs Administrative
Building at the Ysleta/Zaragosa Port of Entry located at 797 South
Zaragosa Road in El Paso, Texas, is designated as the ‘‘Timothy C.
McCaghren Customs Administrative Building’’.
(b) LEGAL REFERENCES.—Any reference in any law, regulation,
document, record, map, or other paper of the United States to the
building referred to in subsection (a) is deemed to be a reference to
the ‘‘Timothy C. McCaghren Customs Administrative Building’’.
SEC. 652. MAIL-ORDER BRIDE BUSINESS.

(a) FINDINGS.—The Congress finds as follows:
(1) There is a substantial ‘‘mail-order bride’’ business in the
United States. With approximately 200 companies in the United
States, an estimated 2,000 to 3,500 men in the United States
find wives through mail-order bride catalogs each year. However, there are no official statistics available on the number of
mail-order brides entering the United States each year.
(2) The companies engaged in the mail-order bride business
earn substantial profits.
(3) Although many of these mail-order marriages work out,
in many other cases, anecdotal evidence suggests that mailorder brides find themselves in abusive relationships. There is
also evidence to suggest that a substantial number of mailorder marriages are fraudulent under United States law.
(4) Many mail-order brides come to the United States unaware or ignorant of United States immigration law. Mailorder brides who are battered often think that if they flee an

185
abusive marriage, they will be deported. Often the citizen
spouse threatens to have them deported if they report the abuse.
(5) The Immigration and Naturalization Service estimates
that the rate of marriage fraud between foreign nationals and
United States citizens or aliens lawfully admitted for permanent residence is 8 percent. It is unclear what percentage of
these marriage fraud cases originate as mail-order marriages.
(b) INFORMATION DISSEMINATION.—
(1) REQUIREMENT.—Each international matchmaking organization doing business in the United States shall disseminate
to recruits, upon recruitment, such immigration and naturalization information as the Immigration and Naturalization Service deems appropriate, in the recruit’s native language, including information regarding conditional permanent residence status and the battered spouse waiver under such status, permanent resident status, marriage fraud penalties, the unregulated
nature of the business engaged in by such organizations, and
the study required under subsection (c).
(2) CIVIL PENALTY.—
(A) VIOLATION.—Any international matchmaking organization that the Attorney General determines has violated
subsection (b) shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty of not more than $20,000 for each such violation.
(B) PROCEDURES FOR IMPOSITION OF PENALTY.—Any
penalty under subparagraph (A) may be imposed only after
notice and opportunity for an agency hearing on the record
in accordance with sections 554 through 557 of title 5,
United States Code.
(c) STUDY.—The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization and the Director
of the Violence Against Women Initiative of the Department of Justice, shall conduct a study of mail-order marriages to determine,
among other things—
(1) the number of such marriages;
(2) the extent of marriage fraud in such marriages, including an estimate of the extent of marriage fraud arising from the
services provided by international matchmaking organizations;
(3) the extent to which mail-order spouses utilize section
244(a)(3) of the Immigration and Nationality Act (providing for
suspension of deportation in certain cases involving abuse), or
section 204(a)(1)(A)(iii) of such Act (providing for certain aliens
who have been abused to file a classification petition on their
own behalf);
(4) the extent of domestic abuse in mail-order marriages;
and
(5) the need for continued or expanded regulation and education to implement the objectives of the Violence Against
Women Act of 1994 and the Immigration Marriage Fraud
Amendments of 1986 with respect to mail-order marriages.
(d) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the House of Representatives and of

186
the Senate setting forth the results of the study conducted under
subsection (c).
(e) DEFINITIONS.—As used in this section:
(1) INTERNATIONAL MATCHMAKING ORGANIZATION.—
(A) IN GENERAL.—The term ‘‘international matchmaking organization’’ means a corporation, partnership,
business, or other legal entity, whether or not organized
under the laws of the United States or any State, that does
business in the United States and for profit offers to United
States citizens or aliens lawfully admitted for permanent
residence, dating, matrimonial, or social referral services to
nonresident noncitizens, by—
(i) an exchange of names, telephone numbers, addresses, or statistics;
(ii) selection of photographs; or
(iii) a social environment provided by the organization in a country other than the United States.
(B) EXCEPTION.—Such term does not include a traditional matchmaking organization of a religious nature that
otherwise operates in compliance with the laws of the countries of the recruits of such organization and the laws of the
United States.
(2) RECRUIT.—The term ‘‘recruit’’ means a noncitizen, nonresident person, recruited by the international matchmaking organization for the purpose of providing dating, matrimonial, or
social referral services to United States citizens or aliens lawfully admitted for permanent residence.
SEC. 653. REVIEW AND REPORT ON H–2A NONIMMIGRANT WORKERS
PROGRAM.

(a) SENSE OF THE CONGRESS.—It is the sense of the Congress
that the H2–A nonimmigrant worker program should be reviewed
and may need improvement in order to meet the need of producers
of labor-intensive agricultural commodities and livestock in the
United States for an adequate workforce.
(b) REVIEW.—The Comptroller General shall review the effectiveness of the H–2A nonimmigrant worker program to ensure that
the program provides a sufficient supply of agricultural labor in the
event of future shortages of domestic workers after the enactment of
this Act. Among other things, the Comptroller General shall review
the H–2A nonimmigrant worker program to determine—
(1) whether the program ensures that an adequate supply
of qualified United States workers is available at the time and
place needed for employers seeking such workers after the date
of enactment of this Act;
(2) whether the program ensures that there is timely approval of applications for temporary foreign workers under the
program in the event of shortages of United States workers after
the date of the enactment of this Act;
(3) whether the program ensures that implementation of the
program is not displacing United States agricultural workers or
diminishing the terms and conditions of employment of United
States agricultural workers;
(4) if, and to what extent, the program is contributing to
the problem of illegal immigration; and

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(5) that the program adequately meets the needs of agricultural employers for all types of temporary foreign agricultural
workers, including higher-skilled workers in occupations which
require a level of specific vocational preparation of 4 or higher
(as described in the 4th edition of the Dictionary of Occupational Title, published by the Department of Labor).
(c) REPORT.—Not later than December 31, 1996, or 3 months
after the date of the enactment of this Act, whichever occurs earlier,
the Comptroller General shall submit a report to the appropriate
committees of the Congress setting forth the conclusions of the
Comptroller General from the review conducted under subsection
(b).
(d) DEFINITIONS.—As used in this section:
(1) The term ‘‘Comptroller General’’ means the Comptroller
General of the United States.
(2) The term ‘‘H–2A nonimmigrant worker program’’ means
the program for the admission of nonimmigrant aliens described in section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act.
SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN
CUSTOMS AGENTS.

(a) STUDY AND REVIEW.—
(1) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, the Commissioner of the United
States Customs Service shall initiate a study of harassment by
Canadian customs agents allegedly undertaken for the purpose
of deterring cross-border commercial activity along the United
States-New Brunswick border. Such study shall include a review of the possible connection between any incidents of harassment and the discriminatory imposition of the New Brunswick
provincial sales tax on goods purchased in the United States by
New Brunswick residents, and with any other actions taken by
the Canadian provincial governments to deter cross-border commercial activities.
(2) CONSULTATION.—In conducting the study under paragraph (1), the Commissioner of the United States Customs Service shall consult with representatives of the State of Maine,
local governments, local businesses, and any other knowledgeable persons who the Commissioner considers to be important
to the completion of the study.
(b) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Commissioner of the United States Customs
Service shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report on the study
and review conducted under subsection (a). The report shall include
recommendations for steps that the United States Government can
take to help end any harassment by Canadian customs agents that
is found to have occurred.
SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF
NEW BRUNSWICK PROVINCIAL SALES TAX.

(a) FINDINGS.—The Congress finds as follows:
(1) In July 1993, Canadian customs officers began collecting an 11 percent New Brunswick provincial sales tax on goods
purchased in the United States by New Brunswick residents, an

188
action that has caused severe economic harm to United States
businesses located in proximity to the border with New Brunswick.
(2) This impediment to cross-border trade compounds the
damage already done from the Canadian Government’s imposition of a 7 percent tax on all goods bought by Canadians in the
United States.
(3) Collection of the New Brunswick provincial sales tax on
goods purchased outside of New Brunswick is effected only
along the United States-Canadian border, not along New
Brunswick’s borders with other Canadian provinces; the tax is
thus being administered by Canadian authorities in a manner
uniquely discriminatory to Canadians shopping in the United
States.
(4) In February 1994, the United States Trade Representative publicly stated an intention to seek redress from the discriminatory application of the New Brunswick provincial sales
tax under the dispute resolution process in chapter 20 of the
North American Free Trade Agreement (NAFTA), but the United States Government has still not made such a claim under
NAFTA procedures.
(5) Initially, the United States Trade Representative argued
that filing a New Brunswick provincial sales tax claim was delayed only because the dispute mechanism under NAFTA had
not yet been finalized, but more than a year after such mechanism has been put in place, the claim has still not been put forward by the United States Trade Representative.
(b) SENSE OF CONGRESS.—It is the sense of the Congress that—
(1) the provincial sales tax levied by the Canadian province
of New Brunswick on Canadian citizens of that province who
purchase goods in the United States—
(A) raises questions about a possible violation of the
North American Free Trade Agreement in the discriminatory application of the tax to cross-border trade with the
United States; and
(B) damages good relations between the United States
and Canada; and
(2) the United States Trade Representative should move
forward without further delay in seeking redress under the dispute resolution process in chapter 20 of the North American
Free Trade Agreement for the violation.
SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

(a) BIRTH CERTIFICATES.—
(1) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.—
(A) IN GENERAL.—
(i) GENERAL RULE.—Subject to clause (ii), a Federal agency may not accept for any official purpose a
certificate of birth, unless the certificate—
(I) is a birth certificate (as defined in paragraph (3)); and
(II) conforms to the standards set forth in the
regulation promulgated under subparagraph (B).
(ii) APPLICABILITY.—Clause (i) shall apply only to
a certificate of birth issued after the day that is 3 years

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after the date of the promulgation of a final regulation
under subparagraph (B). Clause (i) shall not be construed to prevent a Federal agency from accepting for
official purposes any certificate of birth issued on or before such day.
(B) REGULATION.—
(i) CONSULTATION WITH GOVERNMENT AGENCIES.—
The President shall select 1 or more Federal agencies
to consult with State vital statistics offices, and with
other appropriate Federal agencies designated by the
President, for the purpose of developing appropriate
standards for birth certificates that may be accepted
for official purposes by Federal agencies, as provided
in subparagraph (A).
(ii) SELECTION OF LEAD AGENCY.—Of the Federal
agencies selected under clause (i), the President shall
select 1 agency to promulgate, upon the conclusion of
the consultation conducted under such clause, a regulation establishing standards of the type described in
such clause.
(iii) DEADLINE.—The agency selected under clause
(ii) shall promulgate a final regulation under such
clause not later than the date that is 1 year after the
date of the enactment of this Act.
(iv) MINIMUM REQUIREMENTS.—The standards established under this subparagraph—
(I) at a minimum, shall require certification of
the birth certificate by the State or local custodian
of record that issued the certificate, and shall require the use of safety paper, the seal of the issuing
custodian of record, and other features designed to
limit tampering, counterfeiting, and photocopying,
or otherwise duplicating, the birth certificate for
fraudulent purposes;
(II) may not require a single design to which
birth certificates issued by all States must conform; and
(III) shall accommodate the differences between the States in the manner and form in which
birth records are stored and birth certificates are
produced from such records.
(2) GRANTS TO STATES.—
(A) ASSISTANCE IN MEETING FEDERAL STANDARDS.—
(i) IN GENERAL.—Beginning on the date a final
regulation is promulgated under paragraph (1)(B), the
Secretary of Health and Human Services, acting
through the Director of the National Center for Health
Statistics and after consulting with the head of any
other agency designated by the President, shall make
grants to States to assist them in issuing birth certificates that conform to the standards set forth in the regulation.
(ii) ALLOCATION OF GRANTS.—The Secretary shall
provide grants to States under this subparagraph in

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proportion to the populations of the States applying to
receive a grant and in an amount needed to provide a
substantial incentive for States to issue birth certificates that conform to the standards described in
clause (i).
(B) ASSISTANCE IN MATCHING BIRTH AND DEATH
RECORDS.—
(i) IN GENERAL.—The Secretary of Health and
Human Services, acting through the Director of the National Center for Health Statistics and after consulting
with the head of any other agency designated by the
President, shall make grants to States to assist them in
developing the capability to match birth and death
records, within each State and among the States, and
to note the fact of death on the birth certificates of deceased persons. In developing the capability described
in the preceding sentence, a State that receives a grant
under this subparagraph shall focus first on individuals born after 1950.
(ii) ALLOCATION AND AMOUNT OF GRANTS.—The
Secretary shall provide grants to States under this subparagraph in proportion to the populations of the
States applying to receive a grant and in an amount
needed to provide a substantial incentive for States to
develop the capability described in clause (i).
(C) DEMONSTRATION PROJECTS.—The Secretary of
Health and Human Services, acting through the Director of
the National Center for Health Statistics, shall make
grants to States for a project in each of 5 States to demonstrate the feasibility of a system under which persons
otherwise required to report the death of individuals to a
State would be required to provide to the State’s office of
vital statistics sufficient information to establish the fact of
death of every individual dying in the State within 24
hours of acquiring the information.
(3) BIRTH CERTIFICATE.—As used in this subsection, the
term ‘‘birth certificate’’ means a certificate of birth—
(A) of—
(i) an individual born in the United States; or
(ii) an individual born abroad—
(I) who is a citizen or national of the United
States at birth; and
(II) whose birth is registered in the United
States; and
(B) that—
(i) is a copy, issued by a State or local authorized
custodian of record, of an original certificate of birth
issued by such custodian of record; or
(ii) was issued by a State or local authorized custodian of record and was produced from birth records
maintained by such custodian of record.
(b) STATE-ISSUED DRIVERS LICENSES AND COMPARABLE IDENTIFICATION DOCUMENTS.—
(1) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.—

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(A) IN GENERAL.—A Federal agency may not accept for
any identification-related purpose a driver’s license, or
other comparable identification document, issued by a
State, unless the license or document satisfies the following
requirements:
(i) APPLICATION PROCESS.—The application process
for the license or document shall include the presentation of such evidence of identity as is required by regulations promulgated by the Secretary of Transportation after consultation with the American Association
of Motor Vehicle Administrators.
(ii) SOCIAL SECURITY NUMBER.—Except as provided in subparagraph (B), the license or document
shall contain a social security account number that can
be read visually or by electronic means.
(iii) FORM.—The license or document otherwise
shall be in a form consistent with requirements set
forth in regulations promulgated by the Secretary of
Transportation after consultation with the American
Association of Motor Vehicle Administrators. The form
shall contain security features designed to limit tampering, counterfeiting, photocopying, or otherwise duplicating, the license or document for fraudulent purposes and to limit use of the license or document by impostors.
(B) EXCEPTION.—The requirement in subparagraph
(A)(ii) shall not apply with respect to a driver’s license or
other comparable identification document issued by a State,
if the State—
(i) does not require the license or document to contain a social security account number; and
(ii) requires—
(I) every applicant for a driver’s license, or
other comparable identification document, to submit the applicant’s social security account number;
and
(II) an agency of the State to verify with the
Social Security Administration that such account
number is valid.
(C) DEADLINE.—The Secretary of Transportation shall
promulgate the regulations referred to in clauses (i) and
(iii) of subparagraph (A) not later than 1 year after the
date of the enactment of this Act.
(2) GRANTS TO STATES.—Beginning on the date final regulations are promulgated under paragraph (1), the Secretary of
Transportation shall make grants to States to assist them in issuing driver’s licenses and other comparable identification documents that satisfy the requirements under such paragraph.
(3) EFFECTIVE DATES.—
(A) IN GENERAL.—Except as otherwise provided in this
paragraph, this subsection shall take effect on the date of
the enactment of this Act.
(B) PROHIBITION ON FEDERAL AGENCIES.—Subparagraphs (A) and (B) of paragraph (1) shall take effect begin-

192
ning on October 1, 2000, but shall apply only to licenses or
documents issued to an individual for the first time and to
replacement or renewal licenses or documents issued according to State law.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall
submit a report to the Congress on ways to reduce the fraudulent
obtaining and the fraudulent use of birth certificates, including any
such use to obtain a social security account number or a State or
Federal document related to identification or immigration.
(d) FEDERAL AGENCY DEFINED.—For purposes of this section,
the term ‘‘Federal agency’’ means any of the following:
(1) An Executive agency (as defined in section 105 of title
5, United States Code).
(2) A military department (as defined in section 102 of such
title).
(3) An agency in the legislative branch of the Government
of the United States.
(4) An agency in the judicial branch of the Government of
the United States.
SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL SECURITY CARD.

(a) DEVELOPMENT.—
(1) IN GENERAL.—The Commissioner of Social Security (in
this section referred to as the ‘‘Commissioner’’) shall, in accordance with the provisions of this section, develop a prototype of
a counterfeit-resistant social security card. Such prototype
card—
(A) shall be made of a durable, tamper-resistant material such as plastic or polyester;
(B) shall employ technologies that provide security features, such as magnetic stripes, holograms, and integrated
circuits; and
(C) shall be developed so as to provide individuals with
reliable proof of citizenship or legal resident alien status.
(2) ASSISTANCE BY ATTORNEY GENERAL.—The Attorney General shall provide such information and assistance as the Commissioner deems necessary to achieve the purposes of this section.
(b) STUDIES AND REPORTS.—
(1) IN GENERAL.—The Comptroller General and the Commissioner of Social Security shall each conduct a study, and
issue a report to the Congress, that examines different methods
of improving the social security card application process.
(2) ELEMENTS OF STUDIES.—The studies shall include evaluations of the cost and work load implications of issuing a
counterfeit-resistant social security card for all individuals over
a 3, 5, and 10 year period. The studies shall also evaluate the
feasibility and cost implications of imposing a user fee for replacement cards and cards issued to individuals who apply for
such a card prior to the scheduled 3, 5, and 10 year phase-in
options.
(3) DISTRIBUTION OF REPORTS.—Copies of the reports described in this subsection, along with facsimiles of the prototype

193
cards as described in subsection (a), shall be submitted to the
Committees on Ways and Means and Judiciary of the House of
Representatives and the Committees on Finance and Judiciary
of the Senate not later than 1 year after the date of the enactment of this Act.
SEC. 658. BORDER PATROL MUSEUM.

(a) AUTHORITY.—Notwithstanding section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 484)
or any other provision of law, the Attorney General is authorized to
transfer and convey to the Border Patrol Museum and Memorial Library Foundation, incorporated in the State of Texas, such equipment, artifacts, and memorabilia held by the Immigration and Naturalization Service as the Attorney General may determine is necessary to further the purposes of the Museum and Foundation.
(b) TECHNICAL ASSISTANCE.—The Attorney General is authorized to provide technical assistance, through the detail of personnel
of the Immigration and Naturalization Service, to the Border Patrol
Museum and Memorial Library Foundation for the purpose of demonstrating the use of the items transferred under subsection (a).
SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.

It is the sense of the Congress that the mission statement of the
Immigration and Naturalization Service should include a statement
that it is the responsibility of the Service to detect, apprehend, and
remove those aliens unlawfully present in the United States, particularly those aliens involved in drug trafficking or other criminal
activity.
SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN TRANSPORTATION OF CERTAIN ALIENS.

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

Subtitle E—Technical Corrections
SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.

(a) AMENDMENTS RELATING TO PUBLIC LAW 103–322 (VIOLENT
CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994).—
(1) Section 60024(1)(F) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322) (in this
subsection referred to as ‘‘VCCLEA’’) is amended by inserting
‘‘United States Code,’’ after ‘‘title 18,’’.
(2) Section 130003(b)(3) of VCCLEA is amended by striking
‘‘Naturalization’’ and inserting ‘‘Nationality’’.
(3)(A) Section 214 (8 U.S.C. 1184) is amended by redesignating the subsection (j), added by section 130003(b)(2) of
VCCLEA (108 Stat. 2025), and the subsection (k), as amended
by section 622(c), as subsections (k) and (l), respectively.

194
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is
amended by striking ‘‘214(j)’’ and inserting ‘‘214(k)’’.
(4)(A) Section 245 (8 U.S.C. 1255) is amended by redesignating the subsection (i) added by section 130003(c)(1) of
VCCLEA as subsection (j).
(B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 1251(a)(2)(A)(i)(I)),
as amended by section 130003(d) of VCCLEA and before redesignation by section 305(a)(2), is amended by striking ‘‘245(i)’’
and inserting ‘‘245(j)’’.
(5) Section 245(j)(3), as added by section 130003(c)(1) of
VCCLEA and as redesignated by paragraph (4)(A), is amended
by striking ‘‘paragraphs (1) or (2)’’ and inserting ‘‘paragraph (1)
or (2)’’.
(6) Section 130007(a) of VCCLEA is amended by striking
‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.
(7) The amendments made by this subsection shall be effective as if included in the enactment of the VCCLEA.
(b) AMENDMENTS RELATING TO IMMIGRATION AND NATIONALITY
TECHNICAL CORRECTIONS ACT OF 1994.—
(1) Section 101(d) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103–416) (in this
subsection referred to as ‘‘INTCA’’) is amended—
(A) by striking ‘‘APPLICATION’’ and all that follows
through ‘‘This’’ and inserting ‘‘APPLICABILITY OF TRANSMISSION REQUIREMENTS.—This’’;
(B) by striking ‘‘any residency or other retention requirements for’’ and inserting ‘‘the application of any provision of law relating to residence or physical presence in the
United States for purposes of transmitting United States’’;
and
(C) by striking ‘‘as in effect’’ and all that follows
through the end and inserting ‘‘to any person whose claim
is based on the amendment made by subsection (a) or
through whom such a claim is derived.’’.
(2) Section 102 of INTCA is amended by adding at the end
the following:
‘‘(e) TRANSITION.—In applying the amendment made by subsection (a) to children born before November 14, 1986, any reference
in the matter inserted by such amendment to ‘five years, at least two
of which’ is deemed a reference to ‘10 years, at least 5 of which’.’’.
(3) Section 351(a) (8 U.S.C. 1483(a)), as amended by section 105(a)(2)(A) of INTCA, is amended by striking the comma
after ‘‘nationality’’.
(4) Section 207(2) of INTCA is amended by inserting a
comma after ‘‘specified’’.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended in
subparagraph (K)(ii), by striking the comma after ‘‘1588’’.
(6) Section 273(b) (8 U.S.C. 1323(b)), as amended by section
209(a) of INTCA, is amended by striking ‘‘remain’’ and inserting ‘‘remains’’.
(7) Section 209(a)(1) of INTCA is amended by striking
‘‘$3000’’ and inserting ‘‘$3,000’’.
(8) Section 209(b) of INTCA is amended by striking ‘‘subsection’’ and inserting ‘‘section’’.

195
(9) Section 219(cc) of INTCA is amended by striking ‘‘ ‘year
1993 the first place it appears’ ’’ and inserting ‘‘ ‘year 1993’ the
first place it appears’’.
(10) Section 219(ee) of INTCA is amended by adding at the
end the following:
‘‘(3) The amendments made by this subsection shall take effect
on the date of the enactment of this Act.’’.
(11) Paragraphs (4) and (6) of section 286(r) (8 U.S.C.
1356(r)) are amended by inserting ‘‘the’’ before ‘‘Fund’’ each
place it appears.
(12) Section 221 of INTCA is amended—
(A) by striking each semicolon and inserting a comma,
(B) by striking ‘‘disasters.’’ and inserting ‘‘disasters,’’;
and
(C) by striking ‘‘The official’’ and inserting ‘‘the official’’.
(13) Section 242A (8 U.S.C. 1252a), as added by section
224(a) of INTCA and before redesignation as section 238 by section 308(b)(5), is amended by redesignating subsection (d) as
subsection (c).
(14) Except as otherwise provided in this subsection, the
amendments made by this subsection shall take effect as if included in the enactment of INTCA.
(c) AMENDMENTS RELATING TO PUBLIC LAW 104–132
(ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996).—
(1) Section 219 (8 U.S.C. 1189), as added by section 302(a)
of Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132) (in this subsection referred to as ‘‘AEDPA’’),
is amended by striking the heading and all that follows
through ‘‘(a)’’ and inserting the following:
‘‘DESIGNATION

OF FOREIGN TERRORIST ORGANIZATIONS

‘‘SEC. 219. (a)’’.
(2) Section 302(b) of AEDPA is amended by striking ‘‘, relating to terrorism,’’.
(3) Section 106(a) (8 U.S.C. 1105a(a)), as amended by sections 401(e) and 440(a) of AEDPA, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (8);
(B) by striking the period at the end of paragraph (9)
and inserting ‘‘; and’’; and
(C) in paragraph (10), by striking ‘‘Any’’ and inserting
‘‘any’’.
(4) Section 440(a) of the AEDPA is amended by striking
‘‘Section 106 of the Immigration and Nationality Act (8 U.S.C.
1105a(a)(10)) is amended to read as follows:’’ and inserting
‘‘Section 106(a) of the Immigration and Nationality Act (8
U.S.C. 1105a(a)) is amended by adding at the end the following:’’.
(5) Section 440(g)(1)(A) of AEDPA is amended—
(A) by striking ‘‘of this title’’; and
(B) by striking the period after ‘‘241(a)(2)(A)(i)’’.
(6) Section 440(g) of AEDPA is amended by striking paragraph (2).

196
(7) The amendments made by this subsection shall take effect as if included in the enactment of subtitle A of title IV of
AEPDA.
(d) STRIKING REFERENCES TO SECTION 210A.—
(1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) is
amended by striking ‘‘, 210A,’’.
(B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is
amended by striking ‘‘, 210A(a),’’.
(C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before redesignation by section 305(a)(2), is amended by striking subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration Reform and Control Act of 1986 are each amended by striking ‘‘,
210A,’’.
(e) MISCELLANEOUS CHANGES IN THE IMMIGRATION AND NATIONALITY ACT.—
(1) Before being amended by section 308(a)(2), the item in
the table of contents relating to section 242A is amended to read
as follows:
‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggravated felonies.’’.

(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by
striking ‘‘, 321, and 322’’ and inserting ‘‘and 321’’.
(3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by
inserting a comma after ‘‘(4) thereof)’’.
(4) Pursuant to section 6(b) of Public Law 103–272 (108
Stat. 1378)—
(A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is amended by
striking ‘‘section 101(3) of the Federal Aviation Act of 1958’’
and inserting ‘‘section 40102(a)(2) of title 49, United States
Code’’; and
(B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is amended
by striking ‘‘section 105 or 106 of the Hazardous Materials
Transportation Act (49 U.S.C. App. 1804, 1805)’’ and inserting ‘‘section 5103(b), 5104, 5106, 5107, or 5110 of title
49, United States Code’’.
(5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is amended
by inserting a period after ‘‘expended’’.
(6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is amended—
(A) by striking ‘‘and’’ at the end of clause (iv);
(B) by moving clauses (v) and (vi) 2 ems to the left;
(C) by striking ‘‘; and’’ in clauses (v) and (vi) and inserting ‘‘and for’’;
(D) by striking the colons in clauses (v) and (vi); and
(E) by striking the period at the end of clause (v) and
inserting ‘‘; and’’.
(7) Section 412(b) (8 U.S.C. 1522(b)) is amended by striking
the comma after ‘‘is authorized’’ in paragraph (3) and after
‘‘The Secretary’’ in paragraph (4).
(f) MISCELLANEOUS CHANGE IN THE IMMIGRATION ACT OF
1990.—Section 161(c)(3) of the Immigration Act of 1990 is amended
by striking ‘‘an an’’ and inserting ‘‘of an’’.
(g) MISCELLANEOUS CHANGES IN OTHER ACTS.—

197
(1) Section 506(a) of the Intelligence Authorization Act, Fiscal Year 1990 (Public Law 101–193) is amended by striking
‘‘this section’’ and inserting ‘‘such section’’.
(2) Section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, as amended by section 505(2) of
Public Law 103–317, is amended—
(A) by moving the indentation of subsections (f) and (g)
2 ems to the left; and
(B) in subsection (g), by striking ‘‘(g)’’ and all that follows through ‘‘shall’’ and inserting ‘‘(g) Subsections (d) and
(e) shall’’.
And the Senate agree to the same.
HENRY HYDE,
LAMAR SMITH,
ELTON GALLEGLY,
BILL MCCOLLUM,
BOB GOODLATTE,
ED BRYANT,
SONNY BONO,
BILL GOODLING,
RANDY ‘‘DUKE’’ CUNNINGHAM,
HOWARD P. ‘‘BUCK’’ MCKEON,
E. CLAY SHAW, Jr.,
Managers on the Part of the House.
ORRIN HATCH,
AL SIMPSON,
CHUCK GRASSLEY,
JON KYL,
ARLEN SPECTER,
STROM THURMOND,
DIANNE FEINSTEIN,
Managers on the Part of the Senate.

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

OF

SUBTITLE A—IMPROVED ENFORCEMENT AT THE BORDER

Section 101—House recedes to sections 101 (a) and (b) of the
Senate amendment, with modifications, and the Senate recedes to
House section 101(c) with modifications. This section increases the
number of Border Patrol agents by 1000 per year from FY 1997
through 2001. It further provides that the Attorney General, in
each fiscal year from 1997 through 2001, may increase by 300 the
number of support personnel for the Border Patrol. The additional
border patrol agents are to be deployed in sectors along the border
in proportion to the level of illegal crossings of the border in such
sectors. Border Patrol resources should be used primarily at the
border to deter illegal crossings and to apprehend at the earliest
possible juncture those who have made such crossings. This section
also requires the forward deployment of Border Patrol agents to
provide a visible deterrent to illegal immigration, and includes the
requirement in Senate amendment section 109 regarding the preservation of immigration enforcement functions in interior areas.
The managers intend that for purposes of this section, border sec(199)

200
tors shall include coastal areas of the United States. The managers
also intend, as a further deterrent to repeat illegal crossings, that
available resources be made used to detain and prosecute aliens
who repeatedly violate section 275(a) of the Immigration and Nationality Act.
Section 102—Senate amendment section 108 recedes to House
section 102, with modifications, including the substantive provisions of sections 109 and 327 of the Senate amendment. This section requires the Attorney General to install additional fences and
roads to deter illegal immigration. In the San Diego sector, it calls
for extension of the new fencing to a point 14 miles east of the Pacific Ocean, and the construction of second and third fences, with
roads between the fences, to provide an additional deterrent. This
section includes a proviso (from Senate amendment section 108)
that the design of such fencing incorporate features necessary to
ensure the safety of Border Patrol agents. This section also includes provisions based on Senate amendment section 327 to enhance the Attorney General’s ability to acquire property along the
border for purposes of improving border controls. This section also
provides for a limited waiver of the Endangered Species Act of 1973
and the National Environmental Policy Act of 1969 in order to facilitate a uniform construction of necessary fences and roads.
Section 103—Senate amendment section 179 recedes to House
section 103. This section authorizes the acquisition by the Attorney
General of improved equipment and technology to deter illegal immigration on the border.
Section 104—Senate recedes to House sections 104(a) and
104(b). This section requires improvement in the Border Crossing
Identification Card, a document issued in lieu of a visa to aliens
from Canada and Mexico for short-term visits within a designated
distance from the border. Such cards are frequently counterfeited
and used by impostors. The new cards issued under this section
will be machine-readable and contain security features to prevent
use by impostors.
Section 105—Senate recedes to House section 105. This section
provides for civil money penalties for aliens apprehended while entering or attempting to enter the United States other than at a
lawful port of entry.
Section 106—House section 107 recedes to Senate amendment
section 107. This section requires the Attorney General to review
within 60 days of enactment all hiring standards of the INS, and
within 180 days of enactment all training standards of the INS.
The Attorney General shall submit a certification in each of fiscal
years 1997 through 2000 that all personnel hired in that year were
hired in accordance with appropriate standards. The Attorney General also shall submit a report based on the review of training
standards describing the status of efforts to improve such standards.
Section 107—Senate recedes to House section 108, with modification. This section requires the Comptroller General, with the cooperation of the Attorney General and in consultation with the Secretary of State and the Secretary of Defense, to track, monitor, and
evaluate efforts to deter illegal entry into the United States. The
Comptroller General shall report his findings to the Committees on

201
the Judiciary of the Senate and the House of Representatives within 1 year from the date of enactment and every year thereafter
through FY 2000. The report shall include recommendations to increase border security at the land border and at ports of entry.
Section 108—House recedes to Senate amendment section 304.
This section amends chapter 35 of title 18 to add a new section
758, making high-speed flight from an INS checkpoint a felony
punishable by up to 5 years in prison. This section also amends
INA section 241(a)(2)(A) to make an alien convicted of this offense
deportable.
Section 109—House recedes to Senate amendment section 173.
This section requires the Attorney General, together with the Secretary of State, the Secretary of the Treasury, and representatives
of the air transport industry, to develop a plan for automated data
collection at ports of entry. The Attorney General shall report to
the Committees on the Judiciary of the House of Representatives
and the Senate within 9 months of the date of enactment regarding
the outcome of this joint initiative, including recommendations for
legislation.
Section 110—House recedes to Senate amendment section 174,
with modifications to include most of the substantive requirements
from House section 113. This section will require the Attorney General within 2 years of enactment to establish an automated entry
and exit control system that will (1) collect a record of departure
for every alien departing the United States and match the record
of departure with the record of the alien’s arrival in the United
States, and (2) enable the identification of lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General. The Commissioner of the INS
must submit an annual report to the Committees on the Judiciary
of the Senate and the House of Representatives on the operation
of the system, including information on the number of departure
records collected, the number of records successfully matched to
records of arrival, and the number of nonimmigrants and other
visitors for whom no matching departure record was obtained. All
of this information shall include accounting by country of nationality of the arriving and departing aliens. Information on visa
overstays identified through the entry and exit control system shall
be integrated into appropriate data bases of the INS and the Department of State, including those used at ports of entry and consular offices.
Section 111—House recedes to Senate amendment section 322,
with modifications. This section requires the Attorney General to
submit a report by September 30, 1996, to the Committees on the
Judiciary of the House of Representatives and of the Senate regarding the redeployment of border patrol agents.
Section 112—House recedes to Senate amendment section
120C. This section authorizes the appropriation of funds to ensure
that the ‘‘IDENT’’ program operated by the Immigration and Naturalization Service (INS) is expanded to apply to all apprehended illegal and criminal aliens.
Section 113—Senate recedes to House section 106, with modification.

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SUBTITLE B—FACILITATION OF LEGAL ENTRY

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

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SUBTITLE C—INTERIOR ENFORCEMENT

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

Section 201—House section 201 recedes to Senate amendment
section 121. This section amends 18 U.S.C. 2516(1) to give INS the
authority under such section to use wiretaps in investigations of
alien smuggling and document fraud offenses.
Section 202—Senate amendment section 122 recedes to House
section 202, with modifications. This section amends 18 U.S.C.
1961(1) to include as racketeering offenses acts indictable as document fraud crimes under title 18 (including the naturalization and
citizenship document offenses specified in the Senate bill) or as
alien smuggling offenses under section 274, 277, and 278 of the Immigration and Nationality Act. The offenses under the INA may be
considered as RICO predicates only if committed for the purpose of
financial gain.
Section 203(a)—Senate recedes to House section 203(a)(1). This
provision amends INA section 274(a)(1) to increase criminal penalties in cases where an offense relating to alien smuggling, harboring, inducement, or transportation is done for the purpose of financial gain.
Section 203(b)—House section 203(a)(2) recedes to Senate
amendment sections 123(a) (1) and (2). This provision amends INA

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section 274 to specify criminal penalties for those who engage in a
conspiracy to violate alien smuggling, inducement, harboring, and
transportation prohibitions, and for those who aid and abet such
crimes. Senate amendment sections 123(a)(3)(B) and 123(b) recede
to House section 203(b), as modified. This provision will increase
penalties under section 274(b) to up to 10 years imprisonment, and
up to 15 years for a third or subsequent offense, for certain alien
smuggling violations. House recedes to Senate amendment section
123(a)(4), with modifications. This provision creates a new offense
for an employer to hire an alien who the employer knows is not authorized to be employed in the United States, and who the employer also knows was brought into the United States in violation
of INA section 274(a). In order to be liable under this provision, the
employer must have actual knowledge both of the alien’s unauthorized status and of the fact that the alien was brought into the United States illegally.
Section 203(c)—Senate recedes to that portion of House section
203(b) that creates a new offense under INA section 274(a) for
smuggling an alien with reason to believe that the alien will commit a crime in the United States.
Section 203(d)—Senate amendment section 123(a)(3) recedes to
House section 203(c). This provision will change the standard for
calculating penalties for alien smuggling crimes. Henceforth, an offense will be counted for each alien smuggled, not, as under current law, for each transaction regardless of the number of aliens
involved.
Section 203 (e)–(f)—House recedes to Senate amendment sections 123 (c)–(e), with modifications. These provisions require the
United States Sentencing Commission to promulgate or amend
guidelines for offenders convicted of smuggling, harboring, inducement, or transportation of illegal aliens; provide emergency authority to the Sentencing Commission to complete this task; and make
section 203 of this Act (and the amendments made thereby) applicable to offenses occurring on or after the date of enactment.
Section 204—Senate amendment section 120 recedes to House
section 204, with modifications. This section provides that the number of Assistant United States Attorneys shall be increased in fiscal
year 1997 by at least 25, and that such attorneys shall prosecute
persons involved in smuggling or harboring of illegal aliens, or
other crimes involving illegal aliens, which would include immigration document fraud offenses relating to false identification documents, visas, passports, and citizenship and naturalization documents.
Section 205—Senate amendment section 169 recedes to House
section 205. This section provides authority for the INS to use appropriated funds for the establishment and operation of undercover
proprietary corporations or business entities.
SUBTITLE B—ENHANCED ENFORCEMENT AND PENALTIES AGAINST
DOCUMENT FRAUD

Section 211—Senate amendment section 127(a)(1) recedes to
House section 211(a). This provision increases the maximum term
of imprisonment for fraud and misuse of government-issued identification documents from 5 years to 15 years. The sentence is in-

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creased to 20 years if the offense is committed to facilitate a drugtrafficking crime, and to 25 years if committed to facilitate an act
of international terrorism. House recedes to Senate amendment
section 127(a) (2)–(4), as modified. These provisions will increase
penalties for document fraud crimes under sections 1541–1544,
1546(a), and 1425–1427 of title 18 to 10 years for a first or second
offense, 15 years for a third or subsequent offense, with the same
enhancements for crimes committed to facilitate drug trafficking
(20 years) or international terrorism (25 years). House section
211(b) recedes to Senate section 127 (b)–(d). These provisions require the United States Sentencing Commission to promulgate or
amend guidelines for offenders convicted of document fraud offenses, provide emergency authority to the Sentencing Commission
to complete this task, and make section 211 (and the amendments
made thereby) applicable to offenses occurring on or after the date
of enactment.
Section 212—House sections 212 and 213 recede to Senate
amendment section 130, as modified. This section amends INA section 274C, regarding civil penalties for document fraud, to expand
liability to those who engage in document fraud for the purpose of
obtaining a benefit under the INA. New liability is established for
those who prepare, file, or assist another person in preparing or filing an application for benefits with knowledge or in reckless disregard of the fact that such application or document was falsely
made. New liability also is established for aliens who destroy travel
documents en route to the United States after having presented
such documents to board a common carrier to the United States.
A waiver from civil document fraud penalties may be granted to an
alien who is granted asylum or withholding of deportation. The
amendments made by this section shall apply to offenses occurring
on or after the date of enactment.
Section 213—House section 214 recedes to Senate amendment
section 129. This section amends INA section 274C by adding a
new subsection (e), providing that a person who fails to disclose or
conceals his role in preparing, for a fee or other remuneration, a
false application for benefits under the INA is subject to imprisonment of not more than 5 years, and is prohibited from preparing,
whether or not for a fee or other remuneration, any other such application. A person convicted under this section who later prepares
or assists in preparing an application for immigration benefits, regardless of whether for a fee or other remuneration, is subject to
imprisonment of not more than 15 years, and is prohibited from
preparing any other such application.
Section 214—Senate amendment section 128 recedes to House
section 215. This section amends section 1546(a) of title 18 to provide that the penalty for knowingly presenting a document which
contains a false statement also extends to a document which fails
to contain any reasonable basis in law or fact.
Section 215—Senate recedes to House section 216. This section
amends section 1015 of title 18 by adding new subparagraphs (e)
and (f). New subparagraph (e) makes it unlawful for any person to
make a false claim to United States citizenship or nationality for
the purpose of obtaining, for himself or any other person, any Federal benefit or service or employment in the United States. New

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subsection (f) makes it unlawful for any person to make a false
claim to United States citizenship in order to vote or register to
vote in any Federal, State, or local election, including an initiative,
recall, or referendum.
Section 216—House recedes to Senate amendment section
217(a). This section amends title 18 to add a new section 611, making it unlawful for any alien to vote in any election for Federal office, and subjects violators to fines and a term of imprisonment of
not more than 1 year.
Section 217—This section merges House section 221 and Senate amendment section 126. This section amends 18 U.S.C. 982(a)
by adding a new paragraph (6), providing that a person who is convicted of a violation of or of a conspiracy to violate sections 1425,
1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 18, or section
1028 of title 18, or section 274(a) of the INA, if committed in connection with passport or visa issuance or use, shall forfeit any conveyance used in the commission of the offense, as well as any property, real or personal, which was used or intended to be used in
facilitating the violation, and any property constituting, derived
from, or traceable to the proceeds of the violation. The criminal forfeiture shall be governed by the provisions of section 413 (other
than subsections (a) and (d)) of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853).
Section 218—House recedes to Senate amendment section 131.
This section increases penalties for violations of sections 1581,
1583, 1584, and 1588 of title 18 (regarding involuntary servitude,
peonage, and slave trade offenses) from a maximum of 5 years to
10 years imprisonment. The section also requires the United States
Sentencing Commission to ascertain if there exists an unwarranted
disparity between sentences for such crimes and the sentences for
kidnaping and alien smuggling offenses, and further requires the
Commission to amend the Sentencing Guidelines to reduce or
eliminate any such unwarranted disparity and to ensure that the
Sentencing Guidelines reflect the heinous nature of such offenses
as well as aggravating factors such as large numbers of victims and
prolonged periods of peonage or involuntary servitude. The section
also provides emergency authority to the Sentencing Commission to
effect such changes.
Section 219—House recedes to Senate amendment section 124.
This section permits the introduction of videotaped deposition testimony, in trials involving offenses under section 274 of the INA, of
witnesses who have been deported from the United States or who
are otherwise unavailable to testify, provided that there was an opportunity for cross-examination at such deposition. This provision
will permit the introduction, in trials for alien smuggling and related offenses, of critical testimony from aliens who have been smuggled into the United States, eliminating the need to detain such
aliens in the United States.
Section 220—House recedes to Senate amendment section
120A(a)(2). This provision amends section 274C (pertaining to civil
penalties for document fraud) to provide that immigration officers
designated by the Attorney General may use subpoena authority to
compel the attendance of witnesses and the production of docu-

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ments in connection with investigating a complaint of civil document fraud.
TITLE III—INSPECTION, APPREHENSION, DETENTION, ADJUDICATION,
AND REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
SUBTITLE A—REVISION OF PROCEDURES FOR REMOVAL OF ALIENS

Sec. 301(a)—Senate recedes to House section 301(a), with
modifications. Subsection (a) of this section amends INA section
101(a)(13) by replacing the definition of ‘‘entry’’ with a definition
for ‘‘admission’’ and ‘‘admitted’’: the lawful entry of an alien into
the United States after inspection and authorization by an immigration officer. An alien who is paroled under INA section 212(d)(5)
shall not be considered to have been admitted. With certain specified exceptions (including in the case of an individual who has been
absent from the United States for a period of greater than 180 days
or has committed an offense identified in section 212(a)(2)), a returning lawful permanent resident alien (LPR) shall not be considered to be seeking admission.
Sec. 301(b)—Senate amendment sections 143(b) and 317 recede
to House section 301(c), with modifications. This subsection redesignates paragraph (9) of INA section 212(a) as paragraph (10), and
inserts a new paragraph (9). Under this subsection, an alien ordered removed under revised INA section 235(b)(1) (see explanation
of section 302 of this Act below), or at the end of proceedings under
new section 240 (see explanation of section 304 of this Act below)
that were initiated upon the alien’s arrival in the United States,
is inadmissible for a period of 5 years (or for 20 years in the case
of a second or subsequent removal and permanently in the case of
an alien convicted of an aggravated felony). An alien otherwise ordered removed from the United States, or who has departed the
United States while an order of removal is outstanding, shall be
barred from admission for 10 years (or for 20 years in the case of
a second or subsequent removal, and permanently in the case of an
alien convicted of an aggravated felony). These bars to readmission
can be waived (as in current law) if the Attorney General has given
prior consent to the alien’s reapplying for admission.
This subsection also provides that an alien unlawfully present
in the United States for a period of more than 180 days but less
than 1 year who voluntarily departed the United States is barred
from admission for 3 years. An alien unlawfully present for 1 year
or more who voluntarily departs is barred from admission for 10
years. An alien is unlawfully present if the alien has been present
in the United States without admission or parole, or remains in the
United States beyond an authorized period of stay. No period of
time in which the alien was present in the United States under the
age of 18, as a bona fide applicant for asylum under section 208,
or as a beneficiary of family unity protection, shall count towards
the aggregate 1-year period. The calculation of time is suspended
if the alien has filed a bona fide application for change or extension
of status, and such application is approved. This bar shall not
apply to an alien described in new INA section 212(a)(6)(A)(ii) (battered spouse or child). The bar also may be waived, in the sole and
unreviewable discretion of the Attorney General, for an immigrant

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who is the spouse or son or daughter of a United States citizen or
lawful permanent resident, and the refusal of admission to the
alien would cause extreme hardship to that citizen or lawfully resident spouse or parent.
This subsection also provides that an alien who has been
present unlawfully in the United States for more than 1 year or
has been ordered removed from the United States, and who subsequently enters or attempts to enter the United States without
being lawfully admitted, is permanently barred from admission.
Such an alien may be admitted not earlier than 10 years after the
alien’s last departure from the United States, but only if the Attorney General gives prior consent to the alien’s reapplying for admission.
Section 301(c)—Senate recedes to House section 301(b), with
modifications. This subsection states that an alien who is present
in the U.S. without being admitted or paroled, or who has arrived
in the U.S. at any time or place other than as designated by the
Attorney General, is inadmissible. This ground of inadmissibility
shall not apply if: (I) the alien qualifies for immigrant status as the
spouse or child of a United States citizen or lawful permanent resident; (II) the alien or the alien’s child has been battered or subject
to extreme cruelty; and (III) there was a substantial connection between the cruelty or battery and the alien’s unlawful entry into the
United States. As a matter of transition, the requirements under
(II) and (III) shall not apply if the alien establishes that he or she
first entered the United States prior to the effective date of Title
III of this legislation, as set forth in section 309(a). This subsection
also provides that an alien who without reasonable cause fails to
attend or remain in attendance at any proceeding regarding the
alien’s removal from the United States is barred from admission for
5 years.
Section 301(d)—Senate recedes to House section 301(g), which
makes a number of conforming references regarding the change in
nomenclature in INA section 212(a) from ‘‘excludable’’ to ‘‘inadmissible.’’ Subparagraph (B) of INA section 241(a)(1) (entry without inspection) will be amended to state that an alien present in the
United States in violation of law is deportable. The current category of persons who are deportable because they have made an
entry without inspection will, under the amendments made by section 301(c) of this bill, instead be considered inadmissible under revised paragraph (6)(A) of subsection 212(a).
Section 302—Senate recedes to House section 302, with modifications. This section will amend INA section 235, regarding the
inspection of aliens arriving in the U.S. New section 235(a) provides that an alien present in the United States who has not been
admitted to the U.S., or who arrives in the United States, (whether
or not at a designated port of arrival and including an alien who
is brought to the United States after having been interdicted in
international or United States waters), shall be deemed an applicant for admission.
An arriving alien who is a stowaway is not eligible to apply for
admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. A stowaway shall not be eligible
to apply for asylum in the United States unless the stowaway es-

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tablishes a credible fear of persecution pursuant to the expedited
review process in section 235(b)(1).
Aliens seeking admission, readmission, or transit through the
United States shall be inspected by an immigration officer, who
shall have the same authority to take statements and receive evidence as under current INA section 235. An alien applying for admission may, at the discretion of the Attorney General, be permitted to withdraw the application for admission and depart immediately from the United States.
New section 235(b) establishes new procedures for the inspection and in some cases removal of aliens arriving in the United
States.
Expedited Removal of Arriving Aliens: New paragraph (b)(1)
provides that if an examining immigration officer determines that
an arriving alien is inadmissible under section 212(a)(6)(C) (fraud
or misrepresentation) or 212(a)(7) (lack of valid documents), the officer shall order the alien removed without further hearing or review, unless the alien states a fear of persecution or an intention
to apply for asylum. This provision shall not apply to an alien arriving by air who is a national of a Western Hemisphere nation
with which the United States does not have diplomatic relations.
The provisions also may be applied, in the sole and unreviewable
discretion of the Attorney General, to an alien who has not been
paroled or admitted into the United States and who cannot affirmatively show to an immigration officer that he or she has been continuously present in the United States for a period of 2 years immediately prior to the date of the officer’s determination. The purpose of these provisions is to expedite the removal from the United
States of aliens who indisputably have no authorization to be admitted to the United States, while providing an opportunity for
such an alien who claims asylum to have the merits of his or her
claim promptly assessed by officers with full professional training
in adjudicating asylum claims.
An alien who states a fear of persecution or an intention to
apply for asylum shall be referred for interview by an asylum officer, who is an immigration officer who has had professional training in asylum law, country conditions, and interview techniques
comparable to that provided to full-time adjudicators of asylum applications. The officer shall be, for purposes of determinations made
under this section, under the supervision of an immigration officer
with similar training and substantial experience in adjudicating
asylum applications. If the officer finds that the alien has a credible fear of persecution, the alien shall be detained for further consideration of the application for asylum under normal non-expedited removal proceedings. If the alien does not meet this standard
and, if the alien requests administrative review, the officer’s decision is upheld by an immigration judge, the alien will be ordered
removed. To the maximum extent practicable, review by the immigration judge shall be completed within 24 hours, but in no case
shall such review take longer than 7 days. Throughout this process
of administrative review, the alien shall be detained by the INS.
An alien may consult with a person of his or her choosing before
the interview, at no expense to the Government and without unreasonably delaying the interview. A ‘‘credible fear of persecution’’

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means that there is a significant possibility, taking into account
the credibility of the statements made by the alien in support of
the alien’s claim and such other facts as are known to the officer,
that the alien could establish eligibility for asylum.
There is no other administrative review of a removal order entered under this paragraph, but an alien claiming under penalty of
perjury to be lawfully admitted for permanent residence, or to have
been admitted as a refugee or granted asylum, shall be entitled to
administrative review of such an order as the Attorney General
shall provide by regulation. An alien ordered removed under this
paragraph may not make a collateral attack against the order in
a prosecution under section 275(a) (illegal entry) or 276 (illegal reentry).
The availability of judicial review is described below in the explanation of section 306 of this Act.
New paragraph (b)(2) provides that an alien determined to be
inadmissible by an immigration officer (other than an alien subject
to removal under paragraph (b)(1), or an alien crewman or stowaway) shall be referred for a hearing before an immigration judge
under new section 240.
Subsection (c) restates the provisions of current INA section
235(c) regarding the removal of aliens arriving in the United States
who are inadmissible on national security grounds. This subsection
is not intended to apply in the case of aliens who are inadmissible
under new section 212(a)(6)(A) because they are already present in
the United States without having been admitted or paroled. Such
aliens could, however, be subject to the special removal procedures
provided in Subtitle B of this Title.
New subsection (d) restates provisions currently in INA section
235(a) authorizing immigration officers to search conveyances, administer oaths, and receive evidence, and to issue subpoenas enforceable in a United States district court.
Section 303—Senate recedes to House section 303, with modifications. This section amends INA section 236, as described in the
next paragraphs below. (The provisions in current section 236 regarding hearings on the exclusion of aliens are reflected in new section 240, as amended by section 304 of this report.)
New section 236(a) restates the current provisions in section
242(a)(1) regarding the authority of the Attorney General to arrest,
detain, and release on bond an alien who is not lawfully in the
United States. (The current authority in section 242(a) for a court
in habeas corpus proceedings to review the conditions of detention
or release pending the determination of the alien’s inadmissibility
or deportability is not retained.) The minimum bond for an alien
released pending removal proceedings is raised from $500 to $1500.
New section 236(b) restates the current provisions in section
242(a)(1) that the Attorney General may at any time revoke an
alien’s bond or parole.
New section 236(c) provides that the Attorney General must
detain an alien who is inadmissible under section 212(a)(2) or deportable under new section 237(a)(2). This requirement does not
apply to an alien deportable under section 237(a)(2)(A)(i) on the
basis of an offense for which the alien has not been sentenced to
at least 1 year in prison. This detention mandate applies whenever

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such an alien is released from imprisonment, regardless of the circumstances of the release. This subsection also provides that such
an alien may be released from the Attorney General’s custody only
if the Attorney General decides in accordance with 18 U.S.C. 3521
that release is necessary to provide protection to a witness, potential witness, a person cooperating with an investigation into major
criminal activity, or a family member or close associate of such a
witness or cooperator, and such release will not pose a danger to
the safety of other persons or of property, and the alien is likely
to appear for any scheduled proceeding.
New section 236(d) restates the current provisions in section
242(a)(3) regarding the identification of aliens arrested for aggravated felonies and amends those provisions to require that information on aliens convicted of aggravated felonies and deported be provided to the Department of State for inclusion in its automated
visa lookout system.
New section 236(e) states that no discretionary judgment of the
Attorney General made under the authority of section 236 shall be
subject to judicial review, and that no court shall set aside a decision of the Attorney General regarding detention or release of an
alien, or the granting or denial of bond or parole.
Section 304—Senate recedes to House section 304, with modifications. This section redesignates current INA section 239 (designation of ports of entry for aliens arriving by civil aircraft) as section 234, redesignates INA section 240 (records of admission) as
section 240C, and inserts new INA sections 239, 240, 240A, and
240B.
New section 239 restates the provisions of current subsections
(a) and (b) of section 242B regarding the provision of written notice
to aliens placed in removal proceedings. These provisions are conformed to the establishment of a single removal hearing to replace
the two current proceedings under current section 236 (exclusion)
and 242 (deportation). The requirement that the written notice be
provided in Spanish as well as English is not retained. The INS
will determine when a language other than English should be used
and when the services of a translator are necessary. The mandatory period between notice and date of hearing is reduced to 10
days. Service is sufficient if there is proof of mailing to the last address provided by the alien.
New section 240 restates provisions in current sections 236 (exclusion proceedings) and 242 and 242B (deportation proceedings).
Section 240(a) provides that there shall be a single proceeding for
deciding whether an alien is inadmissible under section 212(a) or
deportable under section 237 (formerly section 241(a)). This subsection shall not affect proceedings under new section 235(c) (aliens
inadmissible on national security grounds), new section 238 (currently section 242A) (aliens convicted of aggravated felonies), or
new section 235(b)(1) (arriving aliens, or aliens present in the United States without having been admitted or paroled, who are inadmissible for fraud or lack of documents).
Section 240(b) provides that the removal proceeding under this
section shall be conducted by an immigration judge in largely the
same manner as currently provided in sections 242 and 242B.
Under paragraph (b)(2), the proceeding may take place in person,

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or through video or telephone conference. (Hearings on the merits
could be conducted by telephone conference only with the consent
of the alien). In addition, with the consent of the parties, the proceeding may take place in the alien’s absence. Under paragraph
(b)(4), an alien shall have a reasonable opportunity to examine the
evidence presented against the alien, and to cross-examine Government witnesses, but not to examine national security information
provided in opposition to the alien’s admission to the United
States, or in opposition to an alien’s application for discretionary
relief. Under paragraph (b)(5), an alien who fails to appear for a
hearing may be ordered removed if the Service establishes by clear,
unequivocal, and convincing evidence that notice under section 239
was provided and that the alien is inadmissible or deportable.
There is no requirement to provide written notice if the alien has
failed to provide the address required under section 239(a)(1)(F).
Under paragraph (b)(5)(C), an in absentia order can only be rescinded through a motion to reopen filed within 180 days if the
alien demonstrates that the failure to appear was due to exceptional circumstances (as defined in section 240(e)), or a motion to
reopen filed at any other time if the alien demonstrates that the
alien either did not receive notice of the hearing or was in Federal
or State custody and could not appear. An alien who fails to appear
shall, in the absence of exceptional circumstances, be ineligible for
10 years for any relief under new sections 240A (voluntary departure) and 240B (cancellation of removal), and sections 245, 248,
and 249.
Section 240(c) provides that the immigration judge shall make
a decision on removability based only upon the evidence at the
hearing. An alien applicant for admission shall have the burden to
establish that he or she is beyond doubt entitled to be admitted.
An alien who is not an applicant for admission shall have the burden to establish by clear and convincing evidence that he or she is
lawfully present in the U.S. pursuant to a prior lawful admission.
If the alien meets this burden, the Service has the burden to establish by clear and convincing evidence that the alien is deportable.
This subsection also clarifies the types of evidence of criminal convictions that are admissible in immigration proceedings.
An alien is limited to one motion to reconsider the decision of
the immigration judge. Such motion shall be filed within 30 days
of the final administrative order of removal and shall specify the
errors of law or fact in the order. An alien is limited to one motion
to reopen proceedings. Such motion shall be filed within 90 days
of the final administrative order of removal and shall state the new
facts to be proven at a hearing if the motion is granted. The deadline for a motion to reopen may be extended in the case of an application for asylum or withholding of removal that is based on new
evidence of changed country conditions, evidence that was not
available at the time of the initial hearing. In the case of an in
absentia order of removal under section 240(b)(5), the deadline for
a motion to reopen shall be as set forth in section 240(b)(5)(C).
Section 240(d) provides that the Attorney General shall provide
by regulation for the entry by an immigration judge of an order of
removal stipulated to by the alien and the INS. Such an order shall

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be a conclusive determination of the alien’s removability from the
U.S.
Section 240(e) defines as ‘‘exceptional circumstances’’ the serious illness of the alien or the serious illness or death of the spouse,
parent, or child of the alien, and other exceptional circumstances
that are not less compelling. The subsection defines ‘‘removable’’ to
mean in the case of an alien who has not been admitted, that the
alien is inadmissible under section 212, and in the case of an alien
who has been admitted, that the alien is deportable under redesignated section 237.
New section 240A establishes revised rules for the type of relief that is currently available to excludable and deportable aliens
under section 212(c) and 244 (a)–(d). Senate amendment section
150 recedes to these House provisions, with modifications.
Section 240A(a) provides that the Attorney General may cancel
removal in the case of an alien lawfully admitted for permanent
residence for not less than 5 years, if the alien has resided in the
United States continuously for 7 years since being lawfully admitted in any status and has not been convicted of an aggravated felony. This provision is intended to replace and modify the form of
relief now granted under section 212(c) of the INA.
Section 240A(b)(1) provides that the Attorney General may
cancel removal in the case of an alien who (1) has been physically
present in the United States for a continuous period of at least 10
years immediately preceding the date of applying for such relief, (2)
has been a person of good moral character, (3) has at no time been
convicted of an offense that would render the alien inadmissible
under section 212(a)(2)(A) or deportable under redesignated sections 237(a)(2) or 237(a) (3), and (4) establishes that removal would
result in exceptional and extremely unusual hardship to the alien’s
spouse, parent, or child who is a citizen of the United States or an
alien lawfully admitted for permanent residence.
Section 240A(b)(1) replaces the relief now available under INA
section 244(a) (‘‘suspension of deportation’’), but limits the categories of illegal aliens eligible for such relief and the circumstances under which it may be granted. The managers have deliberately changed the required showing of hardship from ‘‘extreme
hardship’’ to ‘‘exceptional and extremely unusual hardship’’ to emphasize that the alien must provide evidence of harm to his spouse,
parent, or child substantially beyond that which ordinarily would
be expected to result from the alien’s deportation. The ‘‘extreme
hardship’’ standard has been weakened by recent administrative
decisions holding that forced removal of an alien who has become
‘‘acclimated’’ to the United States would constitute a hardship sufficient to support a grant of suspension of deportation. See Matter
of O–J–O–, Int. Dec. 3280 (BIA 1996). Such a ruling would be inconsistent with the standard set forth in new section 240A(b)(1).
Similarly, a showing that an alien’s United States citizen child
would fare less well in the alien’s country of nationality than in the
United States does not establish ‘‘exceptional’’ or ‘‘extremely unusual’’ hardship and thus would not support a grant of relief under
this provision. Our immigration law and policy clearly provide that
an alien parent may not derive immigration benefits through his
or her child who is a United States citizen. The availability in truly

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exceptional cases of relief under section 240A(b)(1) must not undermine this or other fundamental immigration enforcement policies.
Section 240A(b)(2) restates the provisions in current section
244(a)(3), enacted in section 40703(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994. It provides that the Attorney General may cancel removal if the inadmissible or deportable
alien has been subjected to extreme cruelty in the United States
by a spouse or parent who is a United States citizen or lawful permanent resident; has been physically present in the United States
for a continuous period of at least 3 years; has been a person of
good moral character during such period; is not deportable or inadmissible on grounds related to criminal activity, national security,
or marriage fraud; and establishes that removal would result in extreme hardship.
Section 240A(b)(3) states that the Attorney General may adjust
to the status of an alien lawfully admitted for permanent residence
an alien who meets the requirements for cancellation of removal
under section 240A(b) (1) or (2). The number of such adjustments
shall not exceed 4,000 in any fiscal year.
Section 240A(c) provides that the following categories of aliens
shall not be eligible for cancellation of removal under subsections
(a) and (b)(1): an alien who entered as a crewman after June 30,
1964; an alien who was admitted as a nonimmigrant exchange
alien under 101(a)(15)(J) in order to receive graduate medical education; an alien who otherwise was admitted as a nonimmigrant
exchange alien under section 101(a)(15)(J), is subject to the twoyear foreign residence requirement of section 212(e), and has not
fulfilled that requirement or received a waiver; an alien who is inadmissible under section 212(a)(3) or deportable under redesignated section 237(a)(4) (national security and related grounds); an
alien who is a persecutor as described in new section
241(b)(3)(B)(i); or an alien who has previously been granted relief
under this section, or under INA sections 212(c) or 244(a) before
the effective date of this Act.
Section 240A(d) provides that the period of continuous residence or physical presence ends when an alien is served a notice
to appear under section 239(a) (for the commencement of removal
proceedings under section 240), or when the alien is convicted of
an offense that renders the alien deportable from the United
States, whichever is earliest. A period of continuous physical presence under section 240A(b) is broken if the alien has departed from
the United States for any period of 90 days, or for any periods in
the aggregate exceeding 180 days. The continuous physical presence requirement does not apply to an alien who has served 24
months in active-duty status in the United States armed forces,
was in the United States at the time of enlistment or induction,
and was honorably discharged.
Section 240A(e) limits the granting of cancellation of removal
and suspension of deportation under current section 244 to not
more than an aggregate total of 4,000 aliens per fiscal year. This
limitation shall apply regardless of when the alien applied for such
relief.
New section 240B establishes new conditions for the granting
of voluntary departure, currently governed by section 242(b) and

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244(e) of the INA. Senate amendment section 150 recedes to these
House provisions, with modifications.
Section 240B(a) provides that the Attorney General may permit an alien voluntarily to depart the United States at the alien’s
expense in lieu of being subject to removal proceedings under section 240 or prior to the completion of such proceedings, if the alien
is not deportable because of conviction for an aggravated felony or
on national security and related grounds. Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days and an alien may be required to post a voluntary
departure bond, to be surrendered upon proof that the alien has departed the U.S. within the time specified. No alien arriving in the
United States for whom removal proceedings under section 240 are
instituted at the time of arrival is eligible for voluntary departure
under this section. Such an alien may withdraw his or her application for admission to the United States in accordance with section
235(a)(4).
Section 240B(b) provides that the Attorney General may permit an alien voluntarily to depart the United States at the conclusion of proceedings under section 240 if the alien has been physically present (before the notice to appear) for at least one year in
the United States, the alien has been a person of good moral character for the 5 years preceding the application, the alien is not deportable because of conviction for an aggravated felony or on national security and related grounds, and the alien has established
by clear and convincing evidence that the alien has the means to
depart the United States and intends to do so. The period for voluntary departure cannot exceed 60 days and a voluntary departure
bond is required.
Section 240B(c) provides that an alien is not eligible for voluntary departure if the alien was previously granted voluntary departure after having been found inadmissible under section
212(a)(6)(A) (present without admission or parole).
Section 240B(d) provides that if an alien is permitted to depart
voluntarily and fails to do so, the alien shall be subject to a civil
penalty of not less than $1,000 nor more than $5,000 and shall not
be eligible for any further relief under this section or sections 240A,
245, 248, or 249 for a period of 10 years. The order granting voluntary departure shall inform the alien of these penalties.
Section 240B(e) provides that the Attorney General may by
regulation limit eligibility for voluntary departure for any class or
classes of aliens.
Section 304(c) of this Act amends INA section 242A (to be redesignated as section 238) to further streamline procedures for administrative deportation of certain criminal aliens.
Section 305—Senate recedes to House section 305, with modifications. Subsection (a) of this section strikes section 237, redesignates section 241 as section 237, and inserts a new section 241.
New section 241 restates and revises provisions in current sections 237, 242, and 243 regarding the detention and removal of
aliens.
Section 241(a) provides that the Attorney General shall remove
an alien within 90 days of the alien being ordered removed. This
removal period shall begin when the alien’s order is administra-

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tively final, when the alien is released from non-immigration related detention or confinement, or, if the alien has appealed his order
to a court and removal has been stayed, the date of the court’s final
order. The removal period is extended beyond 90 days if the alien
refuses to apply for travel documents or takes other steps (other
than appeals) to prevent removal.
The alien shall be detained during the removal period. If the
alien is not removed within 90 days, the alien shall be subject to
supervision under conditions similar to those currently in section
242(d). An alien who has been ordered removed may be detained
beyond the 90-day period if the alien is inadmissible under section
212, is removable under redesignated sections 237(a)(1)(c),
237(a)(2), or 237(a)(4), or, in the Attorney General’s determination,
is unlikely to comply with the order of removal or is a risk to the
community.
The Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released, but parole, supervised release, probation, or the possibility of arrest are not
grounds to defer removal. However, under section 241(a)(4)(B), an
alien may be removed prior to the completion of sentence if the
alien has been convicted of a nonviolent offense (except for certain
aggravated felonies) and removal of the alien is appropriate and in
the best interests of the United States or of the State in whose custody the alien is held. There is no right of action against the United States or any State, or any officials thereof, to compel the release or removal of any alien under this provision.
If an alien reenters the United States illegally after having
been removed or departed voluntarily under an order of removal,
the prior order of removal is reinstated and the alien shall be removed under the prior order, which shall not be subject to review.
The alien is not eligible to apply for any relief under the INA.
An alien who is subject to an order of removal may not be
granted authorization to work in the United States unless there is
no country willing to accept the alien, or the removal is otherwise
impracticable or contrary to the public interest.
Section 241(b) establishes the countries to which an alien may
be removed. Subsection (b)(1) restates the provisions in current section 237(a); subsection (b)(2) restates the provisions in current sections 243 (a) and (b). Subsection (b)(3) restates, with some modifications, the provisions in current section 243(h) regarding withholding of deportation to a country where the alien’s life or freedom
would be threatened. Subsection (b)(3)(B) specifies that an alien is
barred from this form of relief if, having been convicted of a particularly serious crime, the alien is a danger to the community. An
aggravated felony or felonies for which the alien has been sentenced to an aggregate of 5 years imprisonment is deemed to be
such a crime, but the Attorney General retains the authority to determine other circumstances in which an alien has been convicted
of a particularly serious crime, regardless of the length of sentence.
Section 241(c) provides that an alien arriving in the United
States who is ordered removed shall be removed immediately by
the vessel or aircraft that brought the alien, unless it is impracticable to do so or the alien is a stowaway who has been ordered removed by operation of section 235(b)(1) but has a pending applica-

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tion for asylum. This subsection also restates and revises the provisions in section 237(d) regarding stay of removal, and the provisions in section 237(a) regarding cost of detention and maintenance
pending removal. These provisions make it clear that actual physical detention of an alien who has been permitted to land in the
United States shall be the sole responsibility of the Attorney General and shall take place in INS facilities or contract facilities, even
in cases where the liability for cost of detention is assigned to a private entity such as a carrier. It is expected that the rate of reimbursement charged to the carrier or other entity made responsible
for the cost of detention of an alien shall be at the same per diem
rate charged to the government for the cost of detention.
In the case of an alien stowaway, the carrier shall be liable for
the cost of detention incurred by the Attorney General. If the stowaway does not claim asylum, the only task is to arrange for the
stowaway’s departure from the United States. This could occur directly on the vessel of arrival, particularly in the case of aircraft.
Due to commercial requirements, safety concerns, and other factors, it is often not practicable for the stowaway to be removed on
the vessel of arrival, particularly in the case of commercial maritime vessels. For this reason, section 241(d)(2)(B) provides that an
alien stowaway may be allowed to land in the United States for detention by the Attorney General or departure or removal of the
stowaway. In such a case, the carrier shall be responsible, under
section 241(c)(3)(A)(ii)(II), for the cost of detention by the Attorney
General for the time reasonably necessary to arrange for repatriation or removal of the alien, including obtaining necessary travel
documents. The carrier’s liability shall not extend beyond the date
on which it is ascertained that such travel documents cannot be obtained. It is expected that the carrier and the INS will work cooperatively in order to obtain such travel documents in an expeditious manner. In some circumstances, foreign governments do not
cooperate in issuing such documents. Since circumstances in such
cases vary, this legislation does not designate a time period beyond
which the financial responsibility for continued detention shifts
from the carrier to the INS. It is expected that the INS, through
regulations or internal policy guidance, will set a reasonable time
line and other criteria that will be applied uniformly in all INS districts. Such guidelines should include an obligation on the part of
the carrier to continue efforts to obtain travel documents and make
other arrangements for the departure of the stowaway from the
United States.
In the case of a stowaway who has claimed asylum and is
being detained to pursue an application for asylum, the carrier
shall be liable, under section 241(c)(3)(A)(ii)(III), for a period not to
exceed 15 business days, excluding Saturdays, Sundays, and holidays. The 15-day period shall begin when the alien is determined,
under section 235(b)(1), to have a credible fear of persecution and
thus be eligible to apply for asylum, but not later than 72 hours
after the actual arrival of the stowaway in the U.S. The 72-hour
period is intended to provide adequate time for the Attorney General to determine if the stowaway has a credible fear of persecution
and thus will be detained by the INS to pursue an asylum application. (As stated in new INA section 235(b)(1), this Act intends that

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the credible fear screening process, including administrative review, will ordinarily be completed within 24 hours or shortly thereafter. Additional time may be required in the case of a stowaway
because of the unusual and sometimes dangerous circumstances in
which a stowaway arrives in the United States.) Under no circumstances shall the carrier be required to reimburse the INS for
a period of detention greater than 15 business days, plus the portion of the initial 72-hour period required to determine if the stowaway is eligible to apply for asylum. The obligation of the carrier
to pay for detention costs does not include an obligation for the carrier to pay for the cost of translators, legal counsel, or other assistance in preparing and presenting the stowaway’s claim for asylum.
It is expected that the INS will adopt, through regulations consistent with the provisions of this legislation, clear policy guidance regarding the conduct of interviews to determine if a stowaway has
a credible fear of persecution.
Section 241(d) restates the provisions in current section 237(b)
requiring the owner of the vessel or aircraft bringing an alien to
the United States to comply with orders of an immigration officer
regarding the detention or removal of the alien. This subsection
also restates the provisions in section 243(e) that any carrier (not
limited to the carrier who has brought an alien) comply with an
order of the Attorney General to remove to a specific destination
an alien who has been ordered removed.
Section 241(d) also revises and restates the requirements in
section 273(d) regarding permission for a stowaway to land in the
U.S. A carrier who has brought a stowaway shall, pending completion of the inspection of the stowaway, detain the stowaway on
board the vessel or at another place designated by the INS. The
carrier may not permit the stowaway to land except temporarily for
medical treatment, for detention of the stowaway by the Attorney
General, or for departure and removal of the stowaway. However,
a carrier shall not be required to detain a stowaway who has been
permitted to remain in the U.S. to pursue an application for asylum, who shall be detained by the Attorney General subject to the
reimbursement requirements set forth in section 241(c). Furthermore, the Attorney General shall grant a timely request by a carrier to remove the stowaway on a vessel other than that on which
the alien has arrived in the U.S., provided that the carrier pays the
cost of removal and obtains all necessary travel documents. In this
way, the stowaway can be rapidly repatriated to the country of origin, instead of being forced to remain on the vessel while it makes
other ports of call.
Section 241(e) restates the provisions in current sections 237(c)
and 243(c) regarding the payment of expenses for removal of aliens
who have been ordered removed.
Section 241(f) restates the provisions in section 243(f) regarding the employment of persons to provide personal care to aliens
requiring such care during the removal process.
Section 241(g) amends and restates the authority in current
section 242(c) for construction and operation of detention facilities.
The amendment states that before the construction of new facilities, the Commissioner of the INS shall consider the availability of
existing facilities for purchase or lease.

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Section 241(h) provides that nothing in section 241 shall be
construed to create any substantive or procedural right or benefit
that is legally enforceable against the United States, its agencies
or officers, or any other person. This provision is intended, among
other things, to prohibit the litigation of claims by aliens who have
been ordered removed from the U.S. that they be removed at a particular time or to a particular place.
Section 305(b) amends INA section 276(b) to establish a penalty of 10 years imprisonment for aliens who reenter the United
States without authorization after having been removed prior to
the completion of their term of imprisonment under new section
241(a)(4)(B).
Section 306—Senate amendment sections 141(b) and 142 recedes to House section 306, with modifications. This section
amends INA section 242 to revise and restate the provisions in current section 106, which is repealed.
Section 242(a) provides that a final order of removal, other
than an order or removal under section 235(b)(1), is governed by
chapter 158 of title 28. This is consistent with current section
106(a). This subsection also provides that, subject to the conditions
stated in new section 242(e), no court shall have jurisdiction to review any individual determination or cause or claim arising from
the implementation or operation of an order of removal under INA
section 235(b)(1), or to review, except as provided in subsection (e),
a decision by the Attorney General to invoke section 235(b)(1), the
application of such section to individual aliens (including the determination under section 235(b)(1)(B) regarding credible fear of persecution), or, except as provided in subsection (e), procedures and
policies to implement section 235(b)(1). Individual determinations
under section 235(b)(1) may only be reviewed under new subsection
242(e) (1)–(2).
This subsection also bars judicial review (1) of any judgment
whether to grant relief under section 212 (h) or (i), 240A, 240B, or
245, (2) of any decision or action of the Attorney General which is
specified to be in the discretion of the Attorney General (except a
discretionary judgment whether to grant asylum as described in
section 242(b)), or (3) of any decision in the case of an alien who,
by virtue of having committed a criminal offense, is inadmissible
under section 212(a)(2) or deportable under redesignated section
237(a)(2) (with the exception of section 237(a)(2)(A)(i).
Section 242(b) provides that a petition for review must be filed
within 30 days after the final order of removal in the Federal court
of appeals for the circuit in which the final order of removal under
section 240 was entered. As provided in Senate amendment section
142, the filing of a petition does not stay the removal of the alien
unless the court orders otherwise. As further provided in the Senate amendment, the alien shall serve and file a brief not later than
40 days after the final administrative record becomes available,
and may file a reply brief not later than 14 days after service of
the brief of the Attorney General. These deadlines may be extended
for good cause. The petition shall be decided solely upon the administrative record and the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. A discretionary judgment of the Attorney

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General whether to grant asylum under section 208 is conclusive
unless manifestly contrary to law and an abuse of discretion. Judicial review of all questions of law and fact, including constitutional
and statutory claims, arising out of an action to remove an alien
from the United States, is available only as part of the judicial review of a final order of removal under this section.
Section 242(b) also revises and restates the provisions in current section 106 regarding form, service, decisions about eligibility
for admission, treatment of a petitioner’s claim that he or she is
a national of the United States, consolidation of motions to reopen
and reconsider with orders of removal, challenges to the validity of
orders of removal in criminal proceedings, and detention and removal of alien petitioners.
Section 242(c) restates the provisions in the second sentence of
subsection (c) of current section 106 that a petition for review must
state whether a court has upheld the validity of an order of removal, and if so, identifying the court and date and type of proceeding.
Section 242(d) restates the provisions in the first and third
sentences of subsection (c) of current section 106 requiring that a
petitioner have exhausted administrative remedies and precluding
a court from reviewing an order of removal that has been reviewed
by another court absent a showing that the prior review was inadequate to address the issues presented in the petition, or that the
petition presents new grounds that could not have been presented
in the prior proceeding.
Section 242(e) provides rules for judicial review of orders of removal under section 235(b)(1). No court shall have jurisdiction or
authority to enter declaratory, injunctive, or other equitable relief
against the operation of section 235(b)(1) (other than that specifically authorized in this subsection), or to certify a class under Rule
23 of the Federal Rules of Civil Procedure in any action for which
judicial review is authorized in this section. Except as provided in
section 242(e)(3) (see next paragraph), judicial review is available
in habeas corpus, limited to whether the petitioner is an alien,
whether the petitioner was ordered removed under revised INA
section 235(b)(1), and whether the petitioner can prove by a preponderance of the evidence that he or she is an alien lawfully admitted for permanent residence, or has been admitted as a refugee
or granted asylum. If the court determines that the petitioner was
not ordered removed under section 235(b)(1) or is an alien lawfully
admitted for permanent residence or a refugee or asylee, the court
may order no relief other than to require that the alien be provided
a hearing under section 240. The habeas corpus proceeding shall
not address whether the alien actually is admissible or entitled to
any relief from removal.
Section 242(e)(3) provides for limited judicial review of the validity of procedures under section 235(b)(1). This limited provision
for judicial review does not extend to determinations of credible
fear and removability in the case of individual aliens, which are not
reviewable. Section 242(e)(3) provides that judicial review is available only in an action instituted in the United States District Court
for the District of Columbia, and is limited to whether section
235(b)(1), or any regulations issued pursuant to that section, is con-

221
stitutional, or whether the regulations, or a written policy directive,
written policy guidance, or written procedures issued by the Attorney General are consistent with the INA or other law. Any action
seeking such review must be filed within 60 days of the implementation of the regulations, directive, guidance, or procedures.
Section 242(f) provides that no court other than the Supreme
Court shall have jurisdiction or authority to enjoin or restrain the
operation of the provisions in chapter 4 of Title II of the INA, as
amended by this legislation, other than with respect to the application of the provisions to an individual alien against whom removal
proceedings have been initiated. Section 242(g) provides that no
court shall have jurisdiction to hear any cause or claim on behalf
of any alien arising from the decision of the Attorney General to
commence proceedings, adjudicate cases, or execute removal orders
against any alien.
Section 306(b) of this Act repeals INA section 106. Section
306(c) establishes that the amendments in subsections (a) and (b)
shall apply to all final orders of exclusion, deportation, or removal,
and all motions to reopen or reconsider, filed on or after the date
of enactment of this Act. The jurisdictional bar in new section
242(g) shall apply without limitation to all past, pending, or future
exclusion, deportation, or removal proceedings under the INA. Section 306(d) makes a technical amendment to sections 440 (a), (c),
(d), (g), and (h) of the Antiterrorism and Effective Death Penalty
Act of 1996, Public Law 104–132, 110 Stat. 1214 (April. 24, 1996)
(Public Law 104–132) (‘‘AEDPA’’), to clarify the circumstances in
which aliens with multiple criminal convictions are barred from relief or subject to special procedures to effect their removal from the
United States.
Section 307—Senate recedes to House section 307. Section
307(a) amends INA section 243(a) to restate the provisions in current INA section 242(e) regarding penalties for failure to depart
within 90 days of the order of removal. New section 243(b) restates
the provisions in the third (and final) sentence of current INA section 242(d) regarding penalties for failure to comply with the terms
of release under supervision pursuant to section 241(a)(3) (currently the first two sentences of section 242(d)). New section 243(c)
restates the provisions in the second and third sentences of current
section 237(d) and the final clause of current section 243(e) regarding penalties for failure to comply with an order to remove an alien
from the United States, including civil money penalties and limitations on the clearance of vessels. New section 243(d) revises and restates the provisions in current section 243(g) regarding sanctions
against a country that refuses to accept an alien ordered removed
who is a citizen, subject, national, or resident of that country.
Under the amendment, the Secretary of State shall order that the
issuance of both immigrant and nonimmigrant visas to citizens, nationals, subjects, or nationals of that country be suspended until
the country has accepted the alien.
Section 308—Senate recedes to House section 308. This section
makes a series of redesignations and conforming amendments in
addition to those made in other sections. (The following list includes amendments made in other sections).
Current section 232 is redesignated as section 232(a).

222
Current section 234 is redesignated as section 232(b).
Current section 238 is redesignated as section 233.
Current section 240 is redesignated as section 240C.
Current section 242A is redesignated as section 238, with
conforming amendments.
Current section 242B is stricken.
Current section 244 is stricken.
Current section 244A is redesignated as section 244.
The provisions in current section 237(e) regarding the removal
of an arriving alien who is helpless from sickness or mental or
physical disorder are restated as a new section 232(c). Section
212(a)(10)(B), the redesignated ground of inadmissibility for an
alien who is ordered to accompany such a helpless alien during removal, also is amended to conform to the amendments in new section 232(c).
Section 273(a) is amended by adding a new paragraph (2) to
restate the provisions in current section 237(b)(5) prohibiting a carrier from taking any consideration contingent on whether an alien
is admitted to or ordered removed from the U.S. Section 273(d) is
repealed.
Section 309—Senate recedes to House section 309. This section
establishes general effective dates and transition provisions for the
amendments made by this subtitle. Subsection (a) provides that,
except as otherwise provided, the changes made in this subtitle
shall take effect on the first day of the first month beginning more
than 180 days after the date of enactment. Subsection (b) provides
that the Attorney General shall promulgate regulations to carry
out this subtitle at least 1 month before the effective date in subsection (a). Subsection (c) provides for the transition to new procedures in the case of an alien already in exclusion or deportation
proceedings on the effective date. In general, the amendments
made by this subtitle shall not apply and the proceedings (including judicial review) shall continue to be conducted without regard
to such amendments. The Attorney General may elect to apply the
new procedures in a case in which an evidentiary hearing under
current section 236 (exclusion) or sections 242 and 242B (deportation) has not been commenced as of the effective date. The Attorney
General shall provide notice of such election to the alien, but the
prior notice of hearing and order to show cause served upon the
alien shall be effective to retain jurisdiction over the alien.
The Attorney General also may elect, in a case in which there
has been no final administrative decision, to terminate proceedings
without prejudice to the Attorney General’s ability to initiate new
proceedings under the amendments made by this subtitle. Determinations in the terminated proceeding shall not be binding in the
new proceeding.
This subsection also provides that in the case where a final
order of exclusion or deportation is entered more than 30 days after
the date of enactment and before the Title III–A effective date (180
days after enactment), transitional rules similar to those established in section 305 of this Act (revised INA section 241) shall
apply to petitions for judicial review filed prior to the Title III–A
effective date. Under these transitional rules, all judicial review,
both of exclusion and deportation decisions, shall be by petition for

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review to the court of appeals for the judicial circuit in which the
final administrative order was entered. The petition for review also
must be filed not later than 30 days after the final order of exclusion or deportation. The new limitations on appeals in the case of
claims for discretionary relief or in the case of criminal aliens, and
the new rule providing for no automatic stay of removal, are to
take effect in all cases for which a final order of exclusion, deportation, or removal is entered after the date of enactment. Regardless
of the date of entry of the final order of exclusion or deportation,
if the petition for review is filed after the Title III–A effective date,
then the permanent changes made by section 306 of this bill shall
apply exclusively to such petition for review.
The rules under new section 240A(d) (1) and (2) regarding continuous physical presence in the United States as a criterion for
eligibility for cancellation of removal shall apply to any notice to
appear (including an Order to Show Cause under current section
242A) issued after the date of enactment of this Act.
SUBTITLE B—CRIMINAL ALIEN PROVISIONS

Section 321—House section 802 recedes to Senate amendment
section 161. This section amends INA section 101(a)(43) (as amended by section 440(e)) of the AEDPA (Public Law 104–132)), the definition of ‘‘aggravated felony,’’ by: adding crimes of rape and sexual
abuse of a minor; lowering the fine threshold for crimes relating to
money laundering and certain illegal monetary transactions from
$100,000 to $10,000; lowering the imprisonment threshold for
crimes of theft, violence, racketeering, and document fraud from 5
years to 1 year; and lowering the loss threshold for crimes of tax
evasion and fraud and deceit from $200,000 to $10,000. This section also adds new offenses to the definition relating to gambling,
bribery, perjury, revealing the identity of undercover agents, and
transporting prostitutes. It deletes the requirement that a crime of
alien smuggling be for commercial advantage in order to be considered an aggravated felony, but exempts a first offense involving
solely the alien’s spouse, child or parent. The amendment provides
that the amended definition of ‘‘aggravated felony’’ applies to offenses that occurred before, on, or after the date of enactment.
This section also provides, in section 321(c), that there shall be
no ex post facto application of this amended definition in the case
of prosecutions under INA section 276(b) (for illegal re-entry into
the United States after deportation when the deportation was subsequent to a conviction for an aggravated felony). Thus, an alien
whose deportation followed conviction for a crime or crimes, none
of which met the definition of aggravated felony under INA section
101(a)(43) prior to the enactment of this bill, but at least one of
which did meet the definition after such enactment, may only be
prosecuted under INA section 276(b) for an illegal entry that occurs
on or after the date of enactment of this bill.
Section 322—Senate recedes to House section 351. This section
amends section 101(a) of the INA to add a new paragraph (48), defining conviction to mean a formal judgment of guilt entered by a
court. If adjudication of guilt has been withheld, a judgment is nevertheless considered a conviction if (1) the judge or jury has found
the alien guilty or the alien has pleaded guilty or nolo contendere

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and (2) the judge has imposed some form of punishment or restraint on liberty. This section also provides that any reference in
the INA to a term of imprisonment or sentence shall include any
period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that
imprisonment or sentence.
This section deliberately broadens the scope of the definition of
‘‘conviction’’ beyond that adopted by the Board of Immigration Appeals in Matter of Ozkok, 19 I&N Dec. 546 (BIA 1988). As the
Board noted in Ozkok, there exist in the various States a myriad
of provisions for ameliorating the effects of a conviction. As a result, aliens who have clearly been guilty of criminal behavior and
whom Congress intended to be considered ‘‘convicted’’ have escaped
the immigration consequences normally attendant upon a conviction. Ozkok, while making it more difficult for alien criminals to escape such consequences, does not go far enough to address situations where a judgment of guilt or imposition of sentence is suspended, conditioned upon the alien’s future good behavior. For example, the third prong of Ozkok requires that a judgment or adjudication of guilt may be entered if the alien violates a term or condition of probation, without the need for any further proceedings
regarding guilt or innocence on the original charge. In some States,
adjudication may be ‘‘deferred’’ upon a finding or confession of
guilt, and a final judgment of guilt may not be imposed if the alien
violates probation until there is an additional proceeding regarding
the alien’s guilt or innocence. In such cases, the third prong of the
Ozkok definition prevents the original finding or confession of guilt
to be considered a ‘‘conviction’’ for deportation purposes. This new
provision, by removing the third prong of Ozkok, clarifies Congressional intent that even in cases where adjudication is ‘‘deferred,’’
the original finding or confession of guilt is sufficient to establish
a ‘‘conviction’’ for purposes of the immigration laws. In addition,
this new definition clarifies that in cases where immigration consequences attach depending upon the length of a term of sentence,
any court-ordered sentence is considered to be ‘‘actually imposed,’’
including where the court has suspended the imposition of the sentence. The purpose of this provision is to overturn current administrative rulings holding that a sentence is not ‘‘actually imposed’’ in
such cases. See Matter of Castro, 19 I&N Dec. 692 (BIA 1988); In
re Esposito, Int. Dec. 3243 (BIA, March 30, 1995).
Section 323—Senate recedes to House section 363. This section
amends section 263(a) to authorize the registration by the Attorney
General of aliens who are or who have been on criminal probation
or criminal parole within the U.S.
Section 324—House recedes to Senate amendment section
156(b). This section amends INA section 276(a)(1) to extend criminal liability for an alien who reenters the United States without
authorization to an alien who has departed the United States while
an order of exclusion or deportation is outstanding.
Section 325—House recedes to Senate amendment section
170B. This section amends section 2424 of title 18 to expand the
registration requirements for those who control or harbor alien
prostitutes to require earlier filing and to cover aliens of all nationalities.

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Section 326—Senate recedes to House section 361. This section
amends section 130002(a) of the Violent Crimes Control and Law
Enforcement Act of 1994 (VCCLEA) to require that the criminal
alien identification system be used to assist Federal, State, and
local law enforcement agencies in identifying and locating aliens
who may be removable on account of criminal or other grounds.
The system shall provide for recording of fingerprints of aliens previously arrested and removed into appropriate automated identification systems.
Section 327—House recedes to Senate amendment section 313.
This section amends section 130002(b) of VCCLEA (criminal alien
tracking center) to establish an authorization for appropriations of
$5 million per year for each of fiscal years 1997 through 2001.
Section 328—Senate recedes to House section 305(b) and 843,
with modifications. This section amends redesignated INA section
241(i) to provide that funds under the State Criminal Alien Assistance Program may be used for the costs of imprisonment of criminal aliens in a State or local prison or jail, including a jail operated
by a municipality. This section also states the sense of Congress
that SCAAP funds be distributed on a more expeditious basis. The
managers anticipate that States will consult with counties and municipalities regarding their respective costs of detaining illegal
aliens.
Section 329—Senate amendment section 170D recedes to
House section 356. This section provides authorization for the Attorney General to conduct a 6-month pilot project to identify criminal aliens incarcerated in local governmental prison facilities in
Anaheim, California.
Section 330—House section 360 recedes to Senate amendment
section 170. This section advises the President to negotiate and renegotiate bilateral prisoner transfer treaties to expedite the transfer to their countries of nationality of aliens subject to incarceration
who are unlawfully in the United States or are subject to deportation or removal. The negotiations are to ensure that a transferred
prisoner serves the balance of the sentence imposed by the United
States, and to eliminate any requirement of prisoner consent to
such transfer. The President shall submit an annual certification
to the Committees on the Judiciary of the Senate and the House
of Representatives, on whether each prisoner transfer treaty in
force is effective in returning criminal aliens to their countries of
nationality.
Section 331—House recedes to Senate amendment section
170A. This section requires the Secretary of State and Attorney
General, within 180 days of the date of enactment, to submit to the
Committees on the Judiciary of the Senate and the House of Representatives a report describing the use and effectiveness of the
prisoner transfer treaties with the three countries with the greatest
number of their nationals incarcerated in the United States. This
section specifies information that shall be provided in such report,
and requires the report to include recommendations to increase the
effectiveness and use of, and compliance with, such treaties.
Section 332—House recedes to Senate amendment section 168.
This section requires the Attorney General, not later than 12
months after the date of enactment, to issue a report detailing pop-

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ulations of alien felons incarcerated in Federal and State prisons,
and programs and plans to remove such aliens who are inadmissible or deportable, and to prevent their illegal reentry into the
United States.
Section 333—House recedes to Senate amendment section 320.
This section requires the United States Sentencing Commission to
review and amend current guidelines applicable to offenders convicted of conspiring with or aiding and abetting an alien in committing an offense under section 1010 of the Controlled Substance Import and Export Act (21 U.S.C. 960).
Section 334—Senate recedes to House section 357. House recedes to Senate amendment section 156(b). This section instructs
the Sentencing Commission to promptly promulgate amendments
to the sentencing guidelines to reflect the amendments made in
section 130001 and 130009 of the Violent Crime Control and Law
Enforcement Act of 1994.
SUBTITLE C—REVISION OF GROUNDS FOR EXCLUSION AND
DEPORTATION

Section 341—Senate recedes to House section 301(f). This subsection amends INA section 212(a)(1)(A) by adding a new clause
(ii), making inadmissible any alien who seeks admission as an immigrant who does not present evidence of vaccination against
mumps, measles, rubella, polio, tetanus and diphtheria toxoids,
pertussis, influenza type B and hepatitis B, and any other vaccinations recommended by the Advisory Committee for Immunization
Practices. This subsection also provides that this new ground of inadmissibility may be waived if the alien receives the required vaccination, if a civil surgeon or similar official designated in 42 CFR
34.2 certifies that the vaccination would not be medically appropriate, or, if the vaccination would be contrary to the alien’s religious or moral beliefs. It is anticipated that this waiver authority
would be exercised in appropriate cases to permit admission of
aliens where, for example, an alien has been unable to receive a
safe dosage or vaccine in the alien’s country of nationality, the
alien is a child who is required to complete a series of vaccinations
over a course of time and has not had a reasonable opportunity to
complete that course, or the alien is an active member of a religious faith that notifies the Attorney General that such vaccinations would contradict the fundamental tenets of such religion.
Section 342—House recedes to Senate section 158. This section
amends the terrorist exclusion ground, section 212(a)(3)(B), to
make inadmissible an alien who, with the intent to cause death or
serious bodily harm, has incited terrorist activity.
Section 343—House section 811 recedes to Senate amendment
section 155. This section amends section 212(a)(5) to make inadmissible to the United States any alien seeking admission for employment as a health-care worker unless the alien presents a certificate from the Commission on Graduates of Foreign Nursing
Schools or an equivalent independent credentialing organization
(approved by the Attorney General in consultation with the Secretary of Health and Human Services) verifying the alien’s training, licensing, and experience, as well as a level of competency in

227
English appropriate to the position in which the alien will be employed.
Notwithstanding any international trade agreements or treaties, a ‘‘health care worker’’ subject to prescreening under this section should include any alien seeking an immigrant or nonimmigrant visa as a nurse, physical therapist, occupational therapist, speech-language pathologist, medical technologist and technician, physician assistant, or other occupations designated in regulations. The Attorney General should not approve a credentialing organization unless the organization is independent and free of material conflicts of interest regarding whether an alien receives a visa.
The organization also should demonstrate an ability to evaluate
both the foreign credentials appropriate for the profession and the
results of examinations for proficiency in English appropriate for
the health care of the kind in which the alien will be engaged, and
maintain comprehensive and current information on foreign educational institutions, ministries of health and foreign health care licensing jurisdictions. In addition, because this provision contemplates that alien health-care workers be screened before they
arrive in the United States, such organizations should demonstrate
an ability to conduct examinations outside the United States.
Section 344—House recedes to Senate amendment section 216.
This section amends INA section 212(a)(6)(C) and 241(a)(3) to create new grounds of inadmissibility and deportability in the case of
an alien who falsely represents himself to be a citizen of the United
States.
Section 345—Senate recedes to House section 362, with modifications. Subsection (a) of this section amends subparagraph
212(a)(6)(F) and adds a new paragraph 212(d)(12), to provide that
an alien who is inadmissible for having been subject to a final
order for a violation of section 274C (civil document fraud) may
have the ground of inadmissibility waived if the alien is a lawful
permanent resident or an alien seeking admission as a family-sponsored or employment-based immigrant, and, if no civil money penalty had been imposed, the final order resulted from an offense
that was committed solely to assist an individual who at the time
of the document fraud offense was the alien’s spouse or child (and
not another individual). This statutory language makes clear that
the family relationship must exist at the time of the civil document
fraud offense, not merely at the time the application for the waiver
is filed.
Subsection (b) amends subparagraph 241(a)(3)(C) (prior to redesignation as section 237(a)(3)(C)) to provide a similar waiver for
an alien who is deportable due to a section 274C violation. The
same limitations on family relationship are to apply. No court shall
have jurisdiction to review a decision whether or not to grant a
waiver under either of these subsections.
Section 346—House recedes to Senate amendment section
214(b), with modifications. This section amends INA section
212(a)(6) to add a new subparagraph (G), making inadmissible for
5 years any alien who obtains a visa as a nonimmigrant student
under section 101(a)(15)(F)(i) and who violates a term or condition
of the nonimmigrant status.

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Section 347—House recedes to Senate amendment sections
217(b) and 217(c). This section adds new sections 212(a)(10)(F) and
241(a)(7) creating, respectively, new grounds of inadmissibility and
deportability in the case of an alien who has voted in an election
in violation of any Federal, State, or local constitutional provision,
statute, ordinance, or regulation.
Section 348—Senate recedes to House section 301(h), with
modifications. This section amends INA section 212(h) to limit
waivers granted under that provision in the case of an immigrant
previously admitted to the United States. An alien is ineligible for
such a waiver if, since admission as a lawful permanent resident,
the alien has been convicted of an aggravated felony, or if the alien
has not lawfully resided in the United States for a continuous period of 7 years prior to notification to the alien of the initiation of
proceedings to remove the alien from the United States. The managers intend that the provisions governing continuous residence set
forth in INA section 240A as enacted by this legislation shall be applied as well for purposes of waivers under INA section 212(h).
Section 349—Senate recedes to House section 301(d), with
modifications. This subsection revises INA section 212(i) to provide
that the ground of inadmissibility under section 212(a)(6)(C) (fraud
and misrepresentation) may be waived in the case of a spouse,
son, or daughter of a United States citizen or of a lawful permanent resident, if the refusal of admission would result in extreme
hardship to the citizen or lawfully resident spouse or parent. No
court shall have jurisdiction to review a decision regarding such a
waiver.
Section 350—House recedes to Senate amendment section 218
with modifications. This section amends INA section 241(a)(2)
(prior to redesignation as section 237(a)(2)) to provide that an alien
convicted of crimes of domestic violence, stalking, or child abuse is
deportable. The crimes of rape and sexual abuse of a minor are
elsewhere classified as aggravated felonies under INA section
101(a)(43), thus making aliens convicted of those crimes deportable
and ineligible for most forms of immigration benefits or relief from
deportation.
Section 351—This section amends INA sections 212(d)(11) and
241(a)(1)(E)(iii), regarding waivers, respectively, of excludability
and deportability in the case of an alien who has engaged in alien
smuggling if the act of smuggling was solely to aid certain close
family members. The amendment clarifies that the family relationship must exist at the time of the act of smuggling. Thus, an alien
does not qualify for the waiver if the spousal or parent-child relationship is established after the offense, but prior to the date of application for the waiver. The managers specifically disapprove of
and intend to override the recent contrary holding of the Board of
Immigration Appeals. See Matter of Farias, Int. Dec. 3269 (BIA
1996).
Section 352—Senate recedes to House section 301(e), with
modification to make the ground of inadmissibility applicable to
those who renounce citizenship after enactment.
Section 353—This section identifies other sections of this Act
that make changes to grounds of inadmissibility or deportability.

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SUBTITLE D—REMOVAL OF ALIEN TERRORISTS

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

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

Section 371—Senate amendment section 183 recedes to House
section 352, with modifications. Subsection (a) amends paragraph
(4) of section 101(b) to replace the definition of ‘‘special inquiry officer’’ with a definition of ‘‘immigration judge’’: an attorney designated by the Attorney General as an administrative judge within

230
the Executive Office for Immigration Review to conduct proceedings, including proceedings under section 240. Subsection (b) substitutes the term ‘‘immigration judge’’ for ‘‘special inquiry officer’’
wherever it appears in the INA.
Subsection (c) establishes a four-level pay scale for immigration judges, beginning at 70 percent and reaching 92 percent of the
next-to-highest rate of basic pay for the Senior Executive Service.
Section 372—House recedes to Senate amendment section
171(c). This section amends INA section 103(a) to provide that in
the event of a mass influx of aliens off the coast of the United
States or at a land border, the Attorney General may authorize a
State or local law enforcement officer, with the consent of the officer’s superiors, to perform duties of immigration officers under the
INA.
Section 373—House recedes to Senate amendment section 329.
This section amends INA section 103(a) to clarify the authority of
the Attorney General to use appropriated funds for the care and security of individuals detained by the Service through agreements
with State and local governments. This provision also grants authority for the Attorney General to contract with State and local
authorities for construction, renovation, and acquisition of equipment in support of the detention of aliens held by the INS in State
and local facilities.
Section 374—House recedes to Senate amendment section
165(a)(2)(A), with modifications, and Senate amendment section
167. This section extends the authority for judicial deportation
under INA section 242A(c) (redesignated as section 238(c)) to any
case in which an alien is deportable. This section also clarifies that
no denial of a request for a judicial order of deportation (including
a decision on the merits) shall preclude the Attorney General from
initiating deportation proceedings before an immigration judge on
the same or different ground of deportability. Finally, this section
permits the entry of a stipulated order of deportation as part of a
plea agreement.
Section 375—House recedes to Senate amendment section 181.
This section amends INA section 245(c) to make ineligible for adjustment of status aliens who are not in lawful nonimmigrant status, who have violated the terms of their nonimmigrant visa, or
who have engaged in unauthorized employment.
Section 376—Senate recedes to House section 808, with modifications. This section amends INA section 245(i) to provide that an
alien applying for adjustment of status under this provision shall
pay a fee of $1,000, not less than $800 of which shall be paid into
an Immigration Detention Account. This section also amends INA
section 286 to provide for creation and operation of the Immigration Detention Account.
Section 377—House recedes to Senate amendment section 180.
This section amends INA section 245A to put an end to litigation
seeking to extend the amnesty provisions of the Immigration Reform and Control Act of 1986, and to limit claims under that section to aliens who in fact filed an application for legalization under
that section within the prescribed time limits, or attempted to do
so but their application was refused by an immigration officer.

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Section 378—Senate amendment section 176 recedes to House
section 353. This section amends section 246(a) of the INA to clarify that the Attorney General is not required to rescind the lawful
permanent resident status of a deportable alien separate and apart
from the removal proceeding under section 240.
Section 379—House recedes to Senate amendment section 323,
with modifications. This section amends sections 274A and 274C to
clarify when the decision and order of an administrative law judge
under these sections becomes final.
Section 380—Senate amendment section 143(a) recedes to
House section 354. This section adds a new section 274D to the
INA, providing that aliens under an order of removal who willfully
fail to depart or to take actions necessary to permit departure (e.g.,
apply for travel documents) are subject to a civil penalty of up to
$500 for each day in violation. This section would not diminish the
criminal penalties at section 243(a) (for failure to depart) or at any
other section of the INA.
Section 381—Senate recedes to House section 355. This section
clarifies that the grant of jurisdiction under section 279 of the INA
is to permit the Government to institute lawsuits for enforcement
of provisions of the INA, not for private parties to sue the Government. This has no effect on other statutory or constitutional
grounds for private suits against the Government.
Section 382—Senate recedes to House section 359. This section
amends section 280(b) to provide for establishment of an Immigration Enforcement Account, into which shall be deposited the civil
penalties collected under sections 240B(d), 274C, 274D, and 275(b),
as amended by this bill. The collected funds shall be used for specified immigration enforcement purposes.
Section 383—House recedes to Senate amendment section 319,
with modifications. This section amends section 301 of the Immigration Act of 1990 to exclude from ‘‘family unity’’ protection aliens
who have committed certain serious offenses while juveniles.
Section 384—Senate amendment section 331 recedes to House
section 364, with modifications. This section provides that the Attorney General shall not make an adverse determination of admissibility or deportability against an alien or an alien’s child, using
information furnished solely by certain individuals who have battered or subjected to extreme cruelty that alien or that alien’s
child, unless the alien has been convicted of a crime identified in
redesignated section 237(a)(2). Neither shall the Attorney General
permit use by, or disclosure to any person (other than an officer of
the Department of Justice for official and certain other designated
purposes) of any information that relates to an alien who is the
beneficiary of an application for relief (which has not been denied)
under section 204(a)(1) (A) and (B) (self-petition for immigrant visa
by alien who has been battered or subject to extreme cruelty), section 216(c)(4)(C) (hardship waiver allowing removal of conditional
permanent resident status based on qualifying marriage because
alien spouse or child has been subject to battery or extreme cruelty), or section 244(a)(3) (suspension of deportation for alien
spouse or child who has been subject to battery or extreme cruelty).
Civil penalties are established for willful violations.

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Section 385—Senate amendment section 148 recedes to House
section 358. This section authorizes to be appropriated beginning
in fiscal year 1996 the sum of $150,000,000 for costs associated
with the removal of inadmissible or deportable aliens, including
costs of detention of such aliens pending their removal. This section
is intended to authorize sufficient funds in fiscal year 1996 for the
hiring of 475 detention and deportation officers and support personnel and 475 investigators and support personnel.
Section 386—Subsection (a): House section 303(b) recedes to
Senate amendment section 106. This section requires, subject to
appropriations, an increase in INS detention facilities to 9,000 beds
by the end of FY 1997. Subsection (b): House recedes to Senate
amendment section 182, with modifications. This subsection requires that within 6 months of the date of enactment, and every
6 months thereafter, the Attorney General shall submit a report to
the Committees on the Judiciary of the Senate and the House of
Representatives estimating the amount of detention space that will
be required in the current fiscal year, and in each of the succeeding
5 fiscal years, to detain all aliens required to be detained under
INA sections 236(c) (as amended by section 303(a) of this Act) and
241(a) (as amended by section 305(a) of this Act), to detain other
illegal aliens in accordance with the detention priorities of the Attorney General, and to detain all inadmissible and deportable
aliens subject to proceedings under INA sections 235(b) (1) or (2),
238, and 240. The report also shall include other specified information regarding the release of criminal aliens and other illegal aliens
into the community.
Section 387—Senate amendment section 153 recedes to House
section 112. This subsection requires a pilot program to determine
the feasibility of using military bases available as a result of base
closure laws as INS detention centers, and specifies that in selecting real property at a military base for such purpose, the Attorney
General and Secretary of Defense consult with the redevelopment
authority established for the base and give substantial deference to
the redevelopment plan for the base. This section also requires a
report not less than 30 months after enactment to the Committees
on the Judiciary of the House of Representatives and the Senate
on the feasibility of using closed military facilities as INS detention
centers.
Section 388—Section 437 of AEDPA (Public Law 104–132), requires the Attorney General to implement within 180 days of enactment a program to repatriate aliens who have illegally entered
the United States not less than 3 times, and who are being removed to a country contiguous to the United States, to a location
not less than 500 kilometers from that country’s border with the
United States. In light of this enactment, the pilot programs in
House section 111 and Senate amendment section 152 are unnecessary. The Senate recedes to House section 111(b), requiring a report to the Committees on the Judiciary of the House of Representatives and Senate regarding interior repatriation, with modification
to refer to the mandate in section 437 of AEDPA.

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TITLE IV—ENFORCEMENT

OF

RESTRICTIONS AGAINST EMPLOYMENT

SUBTITLE A—PILOT PROGRAMS FOR EMPLOYMENT ELIGIBILITY
CONFIRMATION

Sections 401 through 405—Senate amendment sections 111–
115 recede to House section 401, with modifications. Subtitle A sets
up three pilot programs of employment eligibility confirmation
which will last four years each. These programs generally will be
operated according to the pilot program procedures set out in
House section 401. Participation in the pilot programs will be voluntary on the part of employers, except with regard to the executive and legislative branches of the Federal Government and certain employers who have been found to be in violation of certain
sections of the Immigration and Nationality Act. Volunteer employers may have their elections apply to all hiring in all State(s) in
which a pilot program is operating, or to their hiring in only one
or more pilot program States or places of hiring within any such
States. The Attorney General may reject elections or limit their applicability where the pilot program would have insufficient resources available to allow the company to participate in the pilot
to the extent desired. The Attorney General may permit a participating employer to have its election apply to hiring in States in
which the chosen pilot program is not otherwise operating (if the
State meets the requirements of the pilot program). If an electing
employer fails to comply with its obligations under a pilot program,
such as by not complying with the program requirements for all
new employees covered by its election, the Attorney General may
terminate the employer’s participation in the pilot program. An employer may also choose to terminate its participation (in such form
and manner as the Attorney General may specify). If an employer
required to participate in a pilot program fails to comply, such failure will be treated as a paperwork violation of the Immigration
and Nationality Act’s employment verification requirement, and a
rebuttable presumption will arise that the employer has hired
aliens knowing that they are unauthorized to work in the United
States.
An employer participating in a pilot program who receives confirmation of an employee’s identity and employment eligibility
under the program will benefit from a rebuttable presumption that
the employer has not hired an alien knowing the alien is unauthorized to work. Also, the Attorney General shall designate one or
more individuals in each INS District Office for a Service District
in which a pilot program is being implemented to assist employers
in electing and participating in the program, and in more generally
complying with INA section 274A.
The first pilot program, the basic pilot program, originates in
House section 401. Employers in (at a minimum) five of the seven
States with the highest number of illegal aliens may elect to participate. As under current law, the employer will have to complete
the document review process described in INA section 274A(b) (as
modified to increase the reliability of identification documents).
However, if the Attorney General determines that an employer participating in this (or either of the other two) pilot program(s) can
reliably determine a new employee’s identity and authorization to

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work in the United States relying only on the pilot program procedures (discussed below) and a document review process including
only documents confirming identity, the Attorney General can exempt participating employers from having to review documents
confirming employment authorization.
Under the basic pilot program, employers would then make inquiries (within three days of hire) to the Attorney General (or a
designee) by means of toll-free telephone line or other toll-free electronic media to seek confirmation of the identity and employment
eligibility of new employees. Employers would be given additional
time to make inquiries in situations where the confirmation system
did not receive their initial inquiry, for instance because the system’s phone lines were overloaded or out of operation. While the
pilot program could not require that participating employers pay
any fee to participate, employers would be responsible for providing
the equipment needed to make inquiries. In most cases, this would
simply be a telephone. However, if an employer wanted to use, for
instance, a computer and modem to make large numbers of inquiries at once, the employer would have to provide such equipment.
When making an inquiry, an employer would provide a new employee’s name and social security number (and, if the employee had
not attested to being a citizen, the employee’s INS-issued number).
Through the confirmation system, this information provided in
the inquiry will be checked against existing Federal Government
records in order to provide (or not provide) confirmation of identity
and work authorization. No new types of records will be added to
government databases. The confirmation system will respond within three days of an inquiry—either by providing confirmation of the
employee’s identity and authorization to work or by providing a
tentative nonconfirmation (in both cases, an appropriate code will
be provided the employer by the system). After being notified of the
tentative nonconfirmation, the employee can chose to contest or not
contest the finding. If the employee does not contest the finding,
the non-confirmation is considered final. If the employee does contest the finding, he or she—within a 10-day secondary verification
period—will communicate with the Commissioner of Social Security
and/or the Commissioner of the Immigration and Naturalization
Service to resolve those issues preventing the confirmation system
from confirming the employee’s identity and work authorization. By
the end of the secondary verification period, the confirmation system must provide either a final confirmation or a final nonconfirmation (and appropriate code) to the employer. An employer
shall not terminate employment of an employee because of a failure
to have identity and work authorization confirmed under the pilot
program until a nonconfirmation becomes final. However, the employer can terminate the employee for other reasons (as consistent
with applicable law), such as the failure of the employee to show
up for work following a tentative nonconfirmation.
An employer, once provided with final nonconfirmation with regard to an employee, may either terminate the individual or continue his or her employment. If the employer continues to employ
the individual, the employer must notify the Attorney General of
this decision. Failure to notify will be deemed to be a paperwork
violation and will be subject to enhanced paperwork violation pen-

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alties. Also, if the employer continues employment, a rebuttable
presumption is created that the employer has hired the employee
knowing the employee is unauthorized to work in the United
States. The option of continued employment is only intended for
the rare circumstance where an employer has knowledge independent of the confirmation process that the employee is eligible to
work in the United States—such as knowing the employee since
childhood.
The second pilot program, the citizenship-attestation pilot program, originated in Senate amendment section 112(a)(2)(G). It will
operate in at least 5 States or, if fewer, all of the States that issue
driver’s licenses and identification cards with enhanced security
features and procedures. However, employers can only participate
in this pilot program in the sole discretion of the Attorney General.
It will operate like the basic pilot program, with one important
modification. If an employee attests to being a citizen, the employer
is not required to (1) review documents confirming employment authorization when completing the 274A(b) document review process,
or (2) make an inquiry through the confirmation system. This pilot
program is designed to make the hiring process as easy and pitfallfree as possible for citizens and their employers. Its success depends in part on the effectiveness of this Act’s heightened penalties
for falsely attesting to U.S. citizenship.
A variation of the citizen-attestation pilot project will be open
to election by a maximum of 1,000 employers chosen by the Attorney General. Under this program, employers do not have to comply
with any part of the 274A(b) document review process with regard
to new employees who attest to being citizens. Otherwise, the program is identical in nature to the citizen-attestation pilot program.
The third pilot program, the machine-readable document pilot
program, originates in Senate section 112(a)(2)(F). It will operate
as does the basic pilot program, except that if the new employee
presents a State-issued identification document or driver’s license
that includes a machine-readable social security number, the employer will make an inquiry through the confirmation system by
using a machine-readable feature of such document. The employer
would have to procure the device needed to read the machine-readable document and to supply the information needed for the inquiry through the machine-readable feature of the document. Since
the Social Security Administration does not keep up-to-date records
of the employment eligibility of aliens, those employees who do not
attest to citizenship will also have to provide their INS-issued numbers, which the employers will pass on when making inquiries
through the confirmation system. Employees not possessing machine-readable documents will be confirmed as under the basic
pilot program.
The machine-readable document pilot program is of course limited by the number of States which issue such enhanced documents
and the fact that even in such States, not all individuals will have
the machine-readable documents. Thus, it will only operate in at
least 5 of the States (or, if fewer, all of the States) which issue driver’s licenses and other identification documents with a machinereadable social security number (which need not be visible on the
card). States are encouraged to issue such documents since use of

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machine-readable documents makes the confirmation process simpler and provides additional assurance that the documents are genuine.
Employers participating in any of the pilot programs are
shielded from civil or criminal liability for actions taken in good
faith reliance on information provided through the confirmation
system—such as firing a new employee after receiving a final nonconfirmation of identity and/or work authorization through the confirmation system or continuing to employ an employee after receiving final confirmation.
Nothing in Subtitle A shall be construed to permit the Federal
Government to utilize any information, data base, or other records
assembled under the subtitle for any purpose other than as provided for under one of the three pilot programs. In addition, nothing in the subtitle shall be construed to authorize the issuance or
use of national identification cards or the establishment of a national identification card. The confirmation system shall be designed and operated to, among other things, maximize its reliability and ease of use consistent with insulating and protecting the
privacy and security of the underlying information, prevent the unauthorized disclosure of personal information, and ensure that the
system not result in unlawful discriminatory practices based on national origin or citizenship status. Finally, the INS and Social Security Administration shall update their information in a manner
that promotes maximum accuracy and shall provide a process for
the prompt correction of erroneous information.
SUBTITLE B—OTHER PROVISIONS RELATING TO EMPLOYER SANCTIONS

Section 411—Senate recedes to House section 402, with modifications. This section provides those employers who in good faith
make technical or procedural errors in complying with INA section
274A(b) an opportunity to correct those errors without penalty.
Section 412(a)—House section 403(a) recedes to Senate amendment section 116(b), with modifications. This provision reduces the
number of documents that can be used to establish an individual’s
employment authorization and/or identity under section 274A(b) of
the Immigration and Nationality Act. To establish both employment authorization and identity, an individual may present a (1)
a U.S. passport, or (2) a resident alien card, alien registration card,
or other document designated by the Attorney General, all of which
must meet certain standards (including having certain security features). The other documents designated by the Attorney General
may include an unexpired foreign passport which has an appropriate, unexpired endorsement of the Attorney General or an appropriate unexpired visa authorizing the individual’s employment
in the United States. To establish employment authorization, an
individual may present a social security account number card or
certain other documentation found acceptable by the Attorney General. No change has been made from current law as to the documents which may be presented to establish identity. Finally, the
Attorney General may prohibit or place conditions on the use of
any documents for purposes of section 274A(b) if they are found to
not reliably establish employment authorization or identity or are
being used fraudulently to an unacceptable degree.

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Section 412(b)—Senate recedes to House section 403(b), with
modifications. This provision provides a streamlined confirmation
process under INA section 274A(b) for a new employee who is beginning work for a member of an employer association that has
concluded a collective bargaining agreement with an organization
representing the employee and the employee has within a specified
period worked for another member of the association who has complied with the requirements of section 274A(b) with respect to the
employee. If these conditions are met, the current employer is
deemed to have complied with the requirements of section 274A(b)
with respect to the employee.
Section 412(c)—Senate recedes to House section 403(c). This
provision eliminates obsolete provisions of the Immigration and
Nationality Act.
Section 412(d)—Senate recedes to House section 403(d). This
provision clarifies that the Federal government must comply with
section 274A of the Immigration and Nationality Act, which makes
unlawful the knowing employment of aliens not authorized to work
in the United States and requires employers to confirm the identity
and employment authorization of new employees.
Section 413—Senate recedes to House section 404(c)(2). This
provision requires the Attorney General to submit to Congress a report on additional authority or resources needed to enforce section
274A of the Immigration and Nationality Act and the Executive
Order of February 13, 1996 (prohibiting Federal contractors from
knowingly hiring aliens not authorized to work in the United
States).
Section 414—Senate recedes to House section 405, with modifications. This provision requires the Commissioner of Social Security to prepare annual reports regarding social security account
numbers issued to aliens not authorized to be employed, with respect to which, in a fiscal year, earnings were reported to the Social Security Administration, and a single report on the extent to
which social security account numbers and cards are used by aliens
for fraudulent purposes.
Section 415—Senate recedes to House section 406. This section
authorizes the Attorney General to require aliens to provide their
social security account numbers.
Section 416—House recedes to Senate amendment section
120A(a)(1). This section provides that certain immigration officers
may compel by subpoena the attendance of witnesses and the production of documents while conducting investigations of potential
violations by employers of section 274A(a) of the Immigration and
Nationality Act.
SUBTITLE C—UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

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

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intent of unlawfully discriminating against the employee on the
basis of citizenship status or national origin.
TITLE V—RESTRICTIONS

ON

BENEFITS

FOR

ALIENS

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

Sections 501 and 502—House section 601 recedes to Senate
amendment section 201(a)(1) with modifications. These sections bar
ineligible aliens (as defined herein) from Federal, State, and local
public benefits programs, contracts, grants, loans, and licenses,
with specified exemptions (as defined herein).
In general, ineligible aliens should not take advantage of taxpayers by accessing public benefits. However, the managers believe
that certain public health, nutrition, and in-kind community service programs should be exempted from the general prohibition on
ineligible aliens accessing public benefits. The exemption for public
health assistance for immunizations is not intended to be limited
to immunizations under the Public Health Service Act, but refers
to all immunizations. In the subparagraph treating certain battered aliens (or certain aliens subjected to extreme cruelty) as eligible aliens, the managers believe that the phrase ‘‘an alien whose
child has been battered or subjected to extreme cruelty’’ includes
children who have been sexually molested.
The managers intend that the inclusion of parolees who are paroled into the United States for a period of at least one year in the
definition of eligible alien refers only to the period for which such
aliens are authorized to remain in the United States after their parole. The statement contained in the Committee Report accompanying the Senate Amendment, that such reference referred to parolees who had been present in the United States for one year or
more, does not reflect the intention of the managers as stated herein.
In defining ‘‘means-tested public benefit,’’ (for purposes of sections 501, 551, 552), the managers do not intend to include pro-

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grams which do not consider an applicant’s income in the disbursement of assistance. For example, Title I grants under the Elementary and Secondary Education Act of 1965 are provided to school
districts with significant numbers of needy students. Since all students in that district will receive assistance from these funds—regardless of each student’s financial status—neither ‘‘deeming’’ (see
section 552) nor the prohibition on receipt by illegal aliens are applicable. ESEA is exempted under sections 551 and 552 only because certain means-tested benefits (such as Elleander Fellowships) are authorized under that Act as well.
Many States use Federal block grant monies to provide services to the poor which are not within the scope of what the managers consider ‘‘means-tested.’’ For example, soup kitchens and
homeless shelters serve needy individuals, but the operators do not
require each applicant to demonstrate financial need. Similarly, if
a State chose to use money from the Social Service Block Grant to
fund the administrative costs of a youth soccer league in a poor
area of that State, such a benefit would not be considered ‘‘meanstested’’ under this Act.
The exception for treatment of communicable diseases is very
narrow. The managers intend that it only apply where absolutely
necessary to prevent the spread of such diseases. The managers do
not intend that the exception for testing and treatment for communicable diseases should include treatment for the HIV virus or acquired immune deficiency syndrome. This exception is only intended to cover short-term measures that would be taken prior to
the departure of the alien from the United States. It does not provide authority for long-term treatment of such diseases or a means
for illegal aliens to delay their removal from the country.
The allowance for emergency medical services also is very narrow. The managers intend that it only apply to medical care that
is strictly of an emergency nature, such as medical treatment for
emergency treatment administered in an emergency room, critical
care unit, or intensive care unit. Emergency medical services do not
include pre-natal or delivery care, or post-partum assistance, that
is not strictly of an emergency nature as specified herein—including State-funded or administered pre-natal and post-partum care.
The managers intend that any provision of services under this exception for mental health disorders be limited to circumstances in
which the alien’s condition is such that he is a danger to himself
or to others and has therefore been judged incompetent by a court
of appropriate jurisdiction.
Section 503—House section 602 recedes to Senate amendment
section 201(b) with modifications to eliminate the crediting of employment for purposes of unemployment benefits for individuals in
PRUCOL status.
Section 504—House recedes to Senate amendment section
201(c) with modifications. This section amends section 202 of the
Social Security Act to provide that no Social Security benefits may
be paid to an alien not lawfully present in the United States. This
section also amends section 210 of the Social Security Act to provide that periods of unauthorized employment shall not count towards an alien’s eligibility for Social Security retirement benefits.
The managers intend to allow sufficient time for the Social Security

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Administration to comply with this provision in order for SSA field
offices to develop appropriate screening procedures.
Section 505—Senate recedes to House section 601(c) with
modifications to amend the SAVE program. This section requires
proof of identity for all applicants in addition to the verification requirements for non-citizens under section 1137(d) of the Social Security Act.
Section 506—Senate recedes to House section 601(d). This section authorizes State and local governments to require proof of eligibility (including identity) from applicants for State and local public benefits programs.
Section 507—House recedes to Senate amendment section
201(a)(2) with modifications. This section provides that illegal
aliens are not eligible for in-state tuition rates at public institutions of higher education.
Section 508—Senate recedes to House section 606. House recedes to Senate amendment section 205. This section requires that
applicants for post-secondary financial assistance be subject to verification of their eligibility prior to receiving such assistance. The
managers believe that House section 606 reflects the current practice of the Department of Education regarding the verification of
student eligibility for postsecondary financial assistance.
Section 509—House recedes to Senate amendment sections 324
and 326. These sections amend the Social Security Act, and the
Higher Education Act of 1986 to require the submission of photostatic or similar copies of documents or information specified by the
INS for verification of an alien’s immigration status.
Section 510—House recedes to Senate amendment section
201(e) with modifications. This section requires Federal, State, and
local public benefits agencies to verify an applicant’s eligibility (including the amount of eligibility) prior to the administration of
public benefits by a non-profit charitable organization. The managers believe that non-profit charitable organizations themselves
should not have to verify immigration status or determine the eligibility of aliens for public benefits, e.g., by ‘‘deeming’’ the income of
sponsors to immigrant applicants for assistance (see section 552).
The managers also believe, however, that the appropriate Federal
or State agency must verify and determine the amount of eligibility
of aliens for public benefits before a non-profit charitable organization may distribute means-tested benefits to such aliens.
Section 511—Senate recedes to House section 607, with modifications. This section requires the Comptroller General to submit
a report to the Committees on the Judiciary of the House of Representatives and the Senate regarding the receipt of means-tested
public benefits by ineligible aliens on behalf of U.S. citizens and eligible aliens. The managers note that illegal aliens often access public benefits, such as AFDC and Food Stamps, for which they themselves are ineligible, by applying for such benefits on behalf of their
U.S. citizen or legal immigrant children.
SUBTITLE B—EXPANSION OF DISQUALIFICATION FROM IMMIGRATION
BENEFITS ON THE BASIS OF PUBLIC CHARGE

Section 531—Senate recedes to House section 621 with modifications. This section amends INA section 212(a)(4) to expand the

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

Section 551—House recedes to Senate amendment section 203
with modifications. This section creates a new, legally-binding affidavit of support in order to seek reimbursement from sponsors for
the costs of providing public benefits. The managers intend that
the affidavit of support be a legally-binding contract between an
alien’s sponsor, the sponsored alien, and the government. The managers also intend that public hospitals, private hospitals, and community health centers be allowed to seek reimbursement from
sponsors for the costs of providing emergency medical services to
the extent such services would, in the absence of the deeming requirements of section 552, be reimbursed by means-tested public
benefit programs. The managers further intend that the new, legally enforceable, affidavit of support be used in all cases where an
affidavit of support is required (including for nonimmigrants and
aliens granted parole under section 212(d)(5) of the INA), either by
statute, regulation, or administrative practice. Exceptions to the
definition of ‘‘means-tested public benefit’’ include public health assistance for immunizations and, if the Secretary of Health and
Human Services determines that it is necessary to prevent the
spread of a serious communicable disease, for testing and treatment of such disease. However, the exception applies in the case
of HIV infection to testing only.
The provision is designed to encourage immigrants to be selfreliant in accordance with national immigration policy. The managers intend to establish a process that will authorize visas only
for those applicants whose sponsors (both the petitioning sponsor
as defined in subsection (g)(1), (g)(2), (g)(3), or (g)(4)) and any nonpetitioning sponsor as defined in subsection (g)(5) demonstrate the
means to meet the applicable income requirements (as set forth in
subsection (g)). It is expected that an applicant whose sponsors fail
to demonstrate the means to meet the applicable income requirements will be denied a visa, and that the next applicant in the
queue will then be given an opportunity to qualify. The managers
further intend that an applicant whose petitioning sponsor or nonpetitioning sponsor (or both) is unable to meet the applicable in-

242
come requirements in the initial interview may be afforded one additional opportunity to meet such requirements. If such applicant
has already utilized a non-petitioning sponsor at the initial interview, and such non-petitioning sponsor was unable to meet the applicable income requirements, such applicant may be provided one
additional opportunity to demonstrate that the non-petitioning
sponsor meets the applicable income requirements, but may not be
authorized in the second interview to substitute a new or different
non-petitioning sponsor. The managers intend that applicants shall
have no more than two opportunities to demonstrate that their
sponsor (or sponsors) meets the applicable income requirements.
Section 552—House recedes to Senate amendment section 204
with modifications. This section deems that a sponsor’s income is
to be counted with a sponsored alien’s in determining the alien’s
eligibility for public benefits. In subsection (c)(4), the managers intend for the Attorney General to enter information regarding the
eligibility (including the amount of eligibility) of aliens for public
benefits into the SAVE system as a means for all public benefits
agencies to access such information for purposes of determining eligibility and seeking reimbursement. In subsection (d)(1), the managers believe that the scope of the exception to deeming in cases
of indigence is very narrow, and only applies to situations where
a sponsor and the sponsor’s spouse cannot or will not provide needed support, and the sponsored alien could not obtain food or shelter
without assistance from a public benefits agency. In determining
whether a sponsored alien could obtain food or shelter in such a
situation, the agency making the determination shall take into account whether the sponsored alien could obtain assistance for food
or shelter from a privately-funded organization, and if so, shall
refer the alien to such organization in lieu of providing benefits.
The agency must notify the Attorney General when exercising this
exception.
Under current law, all three programs which ‘‘deem’’ sponsor
income exclude a portion of the sponsor’s income in their calculations. This legislation rejects this approach. At entry, a sponsor and
the sponsored alien are considered to be part of one family unit
(living under the same roof), and all of the sponsor’s income is considered to be available—just as would be available to the sponsor’s
spouse or child. The same approach should be used at adjudication
for benefits. All of the income of the sponsor and the sponsor’s
spouse should be deemed to be available to the sponsored alien, as
though the sponsored alien is a member of the same family unit
(and lives under the same roof) as the sponsor.
Subsection (d) provides that the deeming rules shall not apply
to Medicaid assistance used for emergency medical services. Under
subsection 552(f), just as in the case of the definition of ‘‘eligible
alien’’ in section 501, the exception to deeming rules for battered
children includes children who are victims of sexual molestation.
Section 553—House recedes to Senate amendment section
204(e). This section authorizes State and local government to follow
the Federal Government in deeming a sponsor’s income to a sponsored alien who applies for public benefits. The managers intend to
authorize States to enact sponsor-to-alien deeming laws as part of
the national immigration policy that aliens be self-reliant. If a

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State deeming law, enacted pursuant to the authorization contained in this section, should be challenged in court, the managers
intend that the court shall apply the standard of review described
in section 500(b)(1) of this Act.
Section 554—House recedes to Senate amendment section 206.
This section authorizes State and local governments to enact
alienage restrictions in State and local cash public assistance programs. The managers intend to authorize States to prohibit or otherwise limit eligibility of aliens for general cash assistance as part
of the national immigration policy that aliens be self-reliant, but
only to the extent that such limit is not more restrictive than under
comparable Federal programs. If a State restriction, enacted pursuant to the authorization contained in this section, should be challenged in court, the managers intend that the court shall apply the
standard of review contained in section 500(b)(1) of this Act.
SUBTITLE D—MISCELLANEOUS PROVISIONS

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

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SUBTITLE E—HOUSING ASSISTANCE

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

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

245
during the next Congress to avoid confusion in the implementation
of these policies.
TITLE VI—MISCELLANEOUS PROVISIONS
SUBTITLE A—REFUGEES, PAROLE, AND ASYLUM

Section 601—Senate recedes to House section 501. Subsection
(a) amends the definition of refugee at section 101(a)(42) to provide
that a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance
to a coercive population control program shall be deemed to have
been persecuted on account of political opinion, and a person who
has a well founded fear of being compelled to undergo such a procedure or being subject to such persecution shall be deemed to have
a well founded fear of persecution on account of political opinion.
Subsection (b) amends section 207(a) to provide that not more
than 1,000 refugees shall be admitted on the basis of persecution
under coercive population control policies.
Section 602—House recedes to Senate amendment section 191
with modifications. This section amends INA section 212(d)(5) to
provide that the Attorney General’s parole authority may be exercised only on a case-by-case basis for urgent humanitarian reasons
or significant public benefit. This section also requires that not
later than 90 days after the end of the fiscal year, the Attorney
General shall report to the Committees on the Judiciary of the
House of Representatives and the Senate describing the number
and categories of aliens paroled into the United States under section 212(d)(5), along with other specified information.
Section 603—House recedes to Senate amendment section 192
with modifications. This section amends INA section 201(c) to provide, beginning in 1999, that aliens paroled into the United States
in the second previous fiscal year who do not depart within 365
days and who have not yet become permanent resident aliens (or
who, if they did become LPRs, did so under a provision of law other
than 201(b) that did not count toward the worldwide level), will be
counted towards the worldwide level of family-sponsored immigrants. If an alien is counted towards the worldwide level under
this provision and subsequently adjusts to LPR status, the alien
shall not be so counted again at the time of adjustment.
Section 604—Senate recedes to House section 511, with modifications. This section amends section 208 of the Immigration and
Nationality Act to provide that an alien who is physically present
in, or who arrives in, the United States may apply for asylum in
accordance with section 208 or, where applicable, section 235(b)(1).
However, an alien may not apply for asylum if the Attorney General determines that the alien can be returned to a safe third country pursuant to a bilateral agreement, unless the Attorney General
finds that it is in the public interest for the alien to receive asylum
in the United States. An applicant for asylum must demonstrate by
clear and convincing evidence that the application has been filed
within 1 year of arriving in the United States (unless the alien can
demonstrate to the satisfaction of the Attorney General that extraordinary circumstances caused the delay in filing an application

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prior to the deadline), and an alien is not eligible to apply for asylum if the alien has previously applied for and been denied asylum;
these bars do not apply if the alien demonstrates the existence of
changed circumstances which materially affect the applicant’s eligibility for asylum. A determination by the Attorney General that an
alien is ineligible to apply for asylum is not subject to judicial review.
Subsection (b) adopts the conditions for granting asylum outlined in House section 511(a). Subsection (c) clarifies the status of
an alien granted asylum. It also provides that asylum may be terminated if the alien: is no longer a refugee under section
101(a)(42); is ineligible for asylum under subsection (b); may be returned to a safe third country; has voluntarily returned to his
country of nationality or last habitual residence with lawful permanent resident or equivalent status; or has acquired a new nationality which confers protection on the alien. An alien whose asylum
is terminated is subject to any applicable ground of inadmissibility
or deportation.
Subsection (d) provides for the establishment of procedures for
considering applications for asylum. The applicant may be required
to submit fingerprints and a photograph. The House provisions
regarding employment authorization, application fees, legal representation, and notice of the consequences of knowingly filing a
frivolous application for asylum are included, as are the House provisions on consideration of asylum applications. If the Attorney
General determines that an alien has knowingly made a frivolous
application for asylum and the alien has received notice, the alien
shall be permanently ineligible for any benefits under the INA.
Nothing in subsection (d) shall be construed to create any substantive or procedural right or benefit that is enforceable by any
party against the United States.
Subsection (b) makes conforming and clerical amendments.
Subsection (c) provides that the amendments made by this section
shall take effect on the first day of the first month beginning more
than 180 days after the date of enactment.
Section 605—Senate recedes to House section 513. This section
authorizes an increase in the number of asylum officers by at least
600 in FY 1997.
Section 606—House recedes to Senate amendment section 196.
This section provides for the conditional repeal of the Cuban Adjustment Act upon the establishment of democracy in Cuba.
SUBTITLE B—MISCELLANEOUS AMENDMENTS TO THE IMMIGRATION
AND NATIONALITY ACT

Section 621—House recedes to Senate amendment section 185.
This section amends INA section 214(j)(1) to double the number of
‘‘S’’ visas (pertaining to alien witness cooperators) that may be issued in a given fiscal year.
Section 622—House recedes to Senate amendment section 310.
This section extends the period for waiver of the foreign country
residence requirement for foreign medical graduates to June 1,
2002, and amends INA sections 212(e) and 214(k) to place additional conditions and restrictions on waivers requested by a United
States Government or State agency. These additional restrictions

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

Section 631—Senate recedes to House section 807. This section
amends INA section 221(c) to provide that an immigrant visa shall
be valid for a period of six months, and to provide that the period
for validity of a nonimmigrant visa issued to an alien of one nationality who has been granted refugee status and been firmly resettled in another country shall be based on the treatment granted by
the country of resettlement to alien refugees resettled in the U.S.
Section 632—House section 803(b) recedes to Senate amendment section 157. This section amends INA section 222 by adding
a new subsection (g), providing that an alien who has remained in
the United States beyond the authorized period of stay may not be
readmitted to the United States on that nonimmigrant visa, and
may only be readmitted as a nonimmigrant on the basis of a visa

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issued in a consular office located in the country of the alien’s nationality (or, if there is no such office, at a consular office designated by the Secretary of State), or where extraordinary circumstances are found by the Secretary of State.
Section 633—House section 803(a) recedes to Senate amendment section 172. This section amends INA section 202(a)(1) to
clarify that the Secretary of State has non-reviewable authority to
establish procedures for the processing of immigrant visa applications and the locations where visas will be processed.
Section 634—House recedes to Senate amendment section 301,
with modifications. This section amends INA sections 222 (c) and
(e) to make certain changes in the visa application process.
Section 635—House section 836 recedes to Senate amendment
section 302. This section amends INA section 217(f) to extend the
authorization for the Visa Waiver Pilot Program (VWPP) through
September 30, 1997. This section also repeals current section
217(g) (regarding the probationary program), and adds a new section 217(g) to specify procedures for termination of a country’s designation to participate in the VWPP. A country with a disqualification rate of between 2 and 3.5 percent shall be placed on probationary status for a period of not more than 3 years. (The disqualification rate is the percentage that the number of aliens from the
country who were found inadmissible, withdrew their applications
for admission, or were admitted as nonimmigrants and violated the
terms of their admission in a given fiscal year, represents of the
total number of nationals of that country who applied for admission
as nonimmigrant visitors during the same fiscal year.) A country
with a disqualification rate of greater than 3.5 percent shall be terminated from the VWPP at the beginning of the second fiscal year
after this determination is made. If a country on probationary status by the end of the designated period fails to develop a machinereadable passport program or has a disqualification rate of greater
than 2 percent, the country shall be terminated from the VWPP at
the beginning of the first fiscal year after such determination is
made. The Attorney General and Secretary of State retain the discretion to terminate any country’s designation as a participant in
the VWPP, or to deny a waiver to any individual from a country
which is a participant.
Section 636—House recedes to Senate amendment section 306,
with modifications. This section provides that the Secretary of
State may establish a fee for diversity immigrant visas to be paid
by each applicant for such a visa. The fee may be set to recover
the cost of administering the diversity visa program, including the
cost of processing all applications for diversity visas. It is intended
that this fee would be paid by all entrants into the ‘‘lottery’’ for eligibility for a diversity visa.
Section 637—Senate recedes to House section 841, with modifications. This section provides that certain aliens selected as diversity immigrants during FY 1995, and whose applications for adjustment of status under INA section 245 were accepted by the Attorney General, shall be selected for diversity immigrant visas in FY
1997 and given priority over other aliens selected for such visas.
The number of Polish nationals notified in FY 1995 that they were
eligible for a diversity immigrant visa exceeded the number of visas

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that were available. The purpose of this provision is to place these
individuals in the same position they would have been in FY 1995
had sufficient visas been available.
SUBTITLE D—OTHER PROVISIONS

Section 641—House recedes to Senate amendment section 215,
with modifications. This section requires the Attorney General, in
cooperation with the Secretaries of State and Education, to collect
from colleges and universities certain information regarding nonimmigrant foreign students from designated countries who are enrolled at such institutions pursuant to visas under INA section
101(a)(15) (F), (J), or (M). The information shall include the alien’s
identity, current address, nonimmigrant classification, academic
standing, and disciplinary action, if any. Institutions shall participate as a condition of their approval for participation in exchange
student visa programs, and the collection of data shall be funded
by a fee charged on all visas issued under section 101(a)(15) (F),
(J), or (M).
Section 642—Senate amendment section 177 recedes to House
section 833, with modifications. This section provides that notwithstanding any other provision of Federal, State, or local law, no
State or local government entity shall prohibit or in any way restrict any government entity or official from sending to or receiving
from the INS information regarding the immigration status of any
individual in the United States.
Section 643—Senate recedes to House section 834. This section
requires the Attorney General, not later than 6 months after the
date of enactment, to issue regulations regarding the rights of ‘‘habitual residence’’ under the Compacts of Free Association between
the United States and the governments of the Marshall Islands,
and the Federated States of Micronesia, and between the United
States and Palau.
Section 644—Senate recedes to House section 835. This section
requires aliens from certain countries specified by the INS in consultation with the Secretary of State to be advised prior to or at
the time of entry into the United States of the severe harm caused
by female genital mutilation and the potential legal consequences
in the United States of performing female genital mutilation or of
allowing a child to be subjected to female genital mutilation.
Section 645—House recedes to Senate amendment section 335.
This section amends chapter 7 of title 18 to add a new section 116,
prohibiting the practice of female genital mutilation on any individual less than 18 years old, and setting penalties of up to 5 years
imprisonment.
Section 646—Senate recedes to House section 837. This section
will permit the adjustment of status of certain nationals of Poland
and Hungary who were paroled into the United States between November 1, 1989, and December 31, 1991, after having been denied
refugee status.
Section 647—Senate amendment section 307 recedes to House
section 838. This section requires the Attorney General to make
available funds up to $5,000 for demonstration projects in support
of naturalization ceremonies to be conducted in fiscal years 1997
through 2001.

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Section 648—Senate recedes to House section 842. This section
states the sense of Congress that, to the extent practicable, all
equipment and products purchased with funds authorized by this
Act shall be American-made, and that recipients of grants under
this Act receive notice of this statement of Congress.
Section 649—House recedes to Senate amendment section
171(b). This section amends 50 U.S.C. 191 to extend the authority
of the Attorney General to direct the movement of vessels in emergencies to include situations of actual or anticipated mass migrations of aliens arriving by sea.
Section 650—House recedes to Senate amendment section 308.
This section requires the Attorney General to investigate and submit a report to Congress regarding the practices of entities authorized by regulation to administer the English and civics tests to applicants for naturalization. A preliminary report shall be submitted
within 90 days of enactment, and a final report shall be issued
within 275 days after submission of the preliminary report.
Section 651—House recedes to Senate amendment section 309.
This section provides that the United States Customs Administrative Building at the Ysleta/Zaragosa Port of Entry in El Paso shall
be known as the ‘‘Timothy C. McCaghren Customs Administrative
Building.’’
Section 652—House recedes to Senate amendment section 312.
This section addresses abuses in the practices of certain international matchmaking organizations (‘‘mail order bride businesses’’) by requiring such organizations, under pain of civil penalty, to provide certain immigration information to potential recruits for immigration to the United States, and by requiring the
Attorney General to conduct a study and submit a report to Congress regarding the number of mail order marriages, the extent of
marriage fraud arising as a result of such marriages, the extent of
domestic abuse in such marriages, and the need for expanded regulation to implement the policies of the Violence Against Women Act
of 1994 in this area.
Section 653—House recedes to Senate amendment section 321.
This section requires the Comptroller General to review the effectiveness of the H–2A nonimmigrant program to ensure that the
program provides a workable safety valve in the event of future
shortages of domestic agricultural workers. The report shall be submitted not later than December 31, 1996, or 3 months after the
date of enactment, whichever is sooner.
Section 654—House recedes to Senate amendment section 333.
This section requires the Commissioner of the Customs Service to
initiate a study of allegations of harassment by Canadian Customs
agents designed to deter cross-border commercial activity along the
United States-New Brunswick border. The study shall include a review of the connection between such incidents of harassment and
the imposition of the New Brunswick Provincial Sales Tax on goods
purchased in the United States by New Brunswick residents. The
Commissioner shall consult with State and local officials in Maine
in conducting this study, and shall submit a report to Congress on
results of the study within 120 days of enactment of this Act.
Section 655—House recedes to Senate amendment section 334.
This section states the sense of Congress that the collection by Ca-

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nadian Customs officials of a New Brunswick Provincial Sales Tax
on goods purchased in the United States by residents of New
Brunswick, but not on goods purchased by New Brunswick residents in other Canadian provinces, may violate the North American Free Trade Agreement (NAFTA) and that the United States
Trade Representative should move without delay in seeking redress
under the dispute resolution process in chapter 20 of NAFTA.
Section 656—House sections 831 and 832 recede to Senate
amendment section 118, with modifications. Without placing mandates on states, this section establishes grant programs to encourage states to develop more counterfeit-resistant birth certificates
and driver’s licenses. After October 1, 2000, Federal agencies may
only accept as proof of identity driver’s licenses that conform to
standards developed by the Secretary of the Treasury after consultation with state motor vehicle officials through the American
Association of Motor Vehicle Administrators. Beginning 4 years
after the date of enactment, Federal agencies may only accept birth
certificates issued after such date that conform to standards developed by the Secretary of Health and Human Services after consultation with appropriate State officials. The managers intend
that the new standards developed in consultation with state officials apply only to licenses issued or renewed after October 1, 2000,
and only to birth certificates issued more than 4 years after the
date of enactment.
Section 657—House recedes to Senate amendment section 332,
with modifications. This section requires the Commissioner of Social Security to develop a prototype of a counterfeit-resistant social
security card, and requires the Comptroller General to conduct a
study and issue a report to Congress that examines different methods of improving the social security card application process.
Section 658—House recedes to Senate amendment section 314.
This section will authorize the transfer of INA artifacts to the Border Patrol Museum and Memorial Library Foundation.
Section 659—Senate recedes to House section 840. This section
states the sense of Congress regarding enforcement priorities of the
INS.
SUBTITLE E—TECHNICAL CORRECTIONS.

Section 671—Senate recedes to House section 851, with modifications. This section makes a number of entirely technical corrections to the Immigration Reform and Control Act of 1986, the Immigration and Nationality Technical Corrections Act of 1994, the
Immigration and Nationality Act, and other legislation.
OTHER PROVISIONS

The House recedes to the Senate on the following provisions:
House sections 222, 300, 801.
The Senate recedes to the House on the following provisions:
Senate amendment sections 120B, 120D, 120E, 305, 318.
HENRY HYDE,
LAMAR SMITH,
ELTON GALLEGLY,
BILL MCCOLLUM,

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BOB GOODLATTE,
ED BRYANT,
SONNY BONO,
BILL GOODLING,
RANDY ‘‘DUKE’’ CUNNINGHAM,
HOWARD P. ‘‘BUCK’’ MCKEON,
E. CLAY SHAW, Jr.,
Managers on the Part of the House.
ORRIN HATCH,
AL SIMPSON,
CHUCK GRASSLEY,
JON KYL,
ARLEN SPECTER,
STROM THURMOND,
DIANNE FEINSTEIN,
Managers on the Part of the Senate.
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