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

[[Page H11811]]

``(3) subsection (a)(1)(A)(iii) in the case of any alien,
in accordance with such terms, conditions, and controls, if
any, including the giving of bond, as the Attorney General,
in the discretion of the Attorney General after consultation
with the Secretary of Health and Human Services, may by
regulation prescribe.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to applications for immigrant visas
or for adjustment of status filed after September 30, 1996.

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

(a) In General.--Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) by redesignating subclauses (III) and (IV) of clause
(i) as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause (i) the
following new subclause:

``(III) has, under circumstances indicating an intention to
cause death or serious bodily harm, incited terrorist
activity,''; and

(3) in clause (iii)(III), by inserting ``documentation or''
before ``identification'';
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to incitement regardless of when it occurs.

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

Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D),
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Uncertified foreign health-care workers.--Any alien
who seeks to enter the United States for the purpose of
performing labor as a health-care worker, other than a
physician, is excludable unless the alien presents to the
consular officer, or, in the case of an adjustment of status,
the Attorney General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a certificate from
an equivalent independent credentialing organization approved
by the Attorney General in consultation with the Secretary of
Health and Human Services, verifying that--
``(i) the alien's education, training, license, and
experience--

``(I) meet all applicable statutory and regulatory
requirements for entry into the United States under the
classification specified in the application;
``(II) are comparable with that required for an American
health-care worker of the same type; and
``(III) are authentic and, in the case of a license,
unencumbered;

``(ii) the alien has the level of competence in oral and
written English considered by the Secretary of Health and
Human Services, in consultation with the Secretary of
Education, to be appropriate for health care work of the kind
in which the alien will be engaged, as shown by an
appropriate score on one or more nationally recognized,
commercially available, standardized assessments of the
applicant's ability to speak and write; and
``(iii) if a majority of States licensing the profession in
which the alien intends to work recognize a test predicting
the success on the profession's licensing or certification
examination, the alien has passed such a test or has passed
such an examination.

For purposes of clause (ii), determination of the
standardized tests required and of the minimum scores that
are appropriate are within the sole discretion of the
Secretary of Health and Human Services and are not subject to
further administrative or judicial review.''.

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

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

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

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

if no previous civil money penalty was imposed against the
alien under section 274C and the offense was committed solely
to assist, aid, or support the alien's spouse or child (and
not another individual). No court shall have jurisdiction to
review a decision of the Attorney General to grant or deny a
waiver under this paragraph.''.
(b) Ground of Deportation.--Subparagraph (C) of section
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by
section 305(a)(2) of this division, 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) of this division, is amended by adding at the end the
following new subparagraph:
``(D) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is
excludable.''.
(b) Deportation of Aliens Who Have Unlawfully Voted.--
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by
section 305(a)(2) of this division, 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:

[[Page H11812]]

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

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

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

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

(a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)),
as redesignated by section 301(b) of this division and as
amended by section 347(a) of this division, 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 DIVISION.

(a) Deportation for High Speed Flight.--For provision
making high speed flight from an immigration checkpoint
subject to deportation, see section 108(c) of this division.
(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) of this division.
(c) Inadmissibility of Illegal Entrants.--For provision
revising the ground of inadmissibility for illegal entrants
and immigration violators, see section 301(c) of this
division.
(d) Deportation for Visa Violators.--For provision revising
the ground of deportation for illegal entrants, see section
301(d) of this division.
(e) Labor Certifications for Professional Athletes.--For
provision providing for continued validity of labor
certifications and classification petitions for professional
athletes, see section 624 of this division.