text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Immigration 
  Services Consumer Protection Act of 2000''.
      (b) Table of Contents.--The table of contents of this Act is as 
  follows:
  
  Sec. 1. Short title; table of contents.
  Sec. 2. Definitions.
  Sec. 3. Criminal penalty for immigration consultants not meeting 
                              requirements.
  Sec. 4. Exception for attorneys, representatives of recognized 
                              organizations, and others; recognition and 
                              accreditation of representatives.
  Sec. 5. Education through community outreach programs.
  Sec. 6. Non-preemption of more protective State laws.
  Sec. 7. Confidentiality of information.
  Sec. 8. Effective date.
  
  SEC. 2. DEFINITIONS.
  
      For purposes of this Act:
              (1) Attorney.--The term ``attorney'' means a person 
          licensed and authorized to practice law in the area in which 
          the person is acting as an immigration consultant.
              (2) Compensation.--The term ``compensation'' means money, 
          property, promise of payment, or anything of value, provided 
          directly or indirectly.
              (3) Immigration consultant.--The term ``immigration 
          consultant'' means any person that provides assistance or 
          advice on an immigration matter, including--
                      (A) completing a form provided by a Federal or 
                  State agency;
                      (B) translating a person's answer to questions 
                  asked on such a form;
                      (C) securing for a person supporting documents 
                  (such as birth and marriage certificates) which may be 
                  necessary to complete those forms;
                      (D) submitting completed forms, on a client's 
                  behalf and at the client's request, to the Immigration 
                  and Naturalization Service;
                      (E) making referrals to attorneys to represent the 
                  client in the matter; or
                      (F) preparing or arranging for the preparation of 
                  photograph or fingerprint in connection with the 
                  matter.
              (4) Immigration matter.--the term ``immigration matter'' 
          means any proceeding, filing, or action affecting the 
          immigration or citizenship status of any person which arises 
          under any immigration or naturalization law, Executive order, 
          or Presidential proclamation, or action of the Immigration and 
          Naturalization Service, the Department of State, or the 
          Department of Labor.
  
  SEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULTANTS NOT MEETING 
                REQUIREMENTS.
  
      (a) In General.--Except as provided in section 4, any person who 
  acts as an immigration consultant with respect to an immigration matter 
  for any client for compensation and who knowingly fails to meet a 
  requirement of subsection (b) shall be fined under title 18, United 
  States Code, imprisoned not more than 5 years, or both.
      (b) Requirements.--The requirements of this subsection for a person 
  acting as an immigration consultant in an immigration matter for a 
  client are as follows:
              (1) Consultant license required.--The person shall have a 
          license as an immigration consultant issued by the Immigration 
          and Naturalization Service after the person has made an 
          application that meets such requirements as the Attorney 
          General may impose.
              (2) Written contract.--The person shall not act as an 
          immigration consultant in the immigration matter on behalf of 
          the client unless the person has entered into a written 
          agreement with the client that meets the following 
          requirements:
                      (A) The agreement includes a description of--
                              (i) the services to be performed by the 
                          person under the agreement, and
                              (ii) the amounts to be paid by the client.
                      (B) The agreement includes a statement, printed on 
                  the face of the contract in boldface type no smaller 
                  than 10 point, that the person is not an attorney and 
                  may not perform legal services.
                      (C) The agreement includes a conspicuous statement 
                  (in both English and the other principal language of 
                  the client, if it is not English) that the client has 
                  the right to rescind the agreement within 72 hours of 
                  the time it is executed.
                      (D) The agreement shall not include--
                              (i) any guarantee or promise with respect 
                          to the disposition of the Immigration and 
                          Naturalization Service and the Attorney General 
                          on the matter; or
                              (ii) any statement that the person can or 
                          will obtain special favors from or has special 
                          influence with the Service or the Attorney 
                          General on the matter.
              (3) Office notice.--The person shall conspicuously display 
          in any office in which the person meets with clients a notice, 
          not smaller than 12 inches by 20 inches and in boldface print 
  no smaller one inch in height, that includes the following information:
                      (A) A copy of the license issued under paragraph 
                  (1), including the full name, address, and license 
                  number of the person.
                      (B) A statement that the person is not an attorney.
              (4) Notice of change of address.--The person shall notify 
          the Immigration and Naturalization Service within 30 days of 
          any change of name, address, or telephone number.
              (5) Delivery of documents.--The person shall deliver to the 
          client a copy of each document or form completed on the 
          client's behalf.
              (6) Returning documents to client.--The person shall, upon 
          request of the client, return to the client any original 
          documents of the client in the possession of the person that 
          were delivered to the person in order to provide services for 
          the client.
  
  SEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES OF RECOGNIZED 
                ORGANIZATIONS, AND OTHERS; RECOGNITION AND ACCREDITATION 
                OF REPRESENTATIVES.
  
      (a) In General.--Section 3(a) shall not apply to the following:
              (1) Attorneys.--An attorney.
              (2) Law students and law graduates not yet admitted to the 
          bar.--A law student who is enrolled in an accredited law 
          school, or a law graduate who is not yet admitted to the bar, 
          where the following conditions are satisfied:
                      (A) Request.--The student or graduate is appearing 
                  at the request of the person entitled to 
                  representation.
                      (B) Statement of law student.--In the case of a law 
                  student, the student has filed a statement that the 
                  student is participating, under the direct supervision 
                  of a faculty member or an attorney, in a legal aid 
                  program or clinic conducted by a law school or non-
                  profit organization, and that the student is appearing 
                  without direct or indirect remuneration from person 
                  represented.
                      (C) Statement of law graduate.--In the case of a 
                  law graduate, the graduate has filed a statement that 
                  the graduate is appearing under the supervision of a 
                  licensed attorney or accredited representative and that 
                  the graduate is appearing without direct or indirect 
                  remuneration from the person represented.
                      (D) Official permission.--The law student's or law 
                  graduate's appearance is permitted by the official or 
                  officials before whom the student or graduate wishes to 
                  appear. The official or officials may require that a 
                  law student be accompanied by the supervising faculty 
                  member or attorney.
              (3) Accredited representatives of recognized 
          organizations.--An individual who is an accredited 
          representative of an organization that is recognized under 
          subsection (b).
              (4) Accredited officials.--An accredited official, in the 
          United States, of the government to which an alien owes 
          allegiance, if the official appears solely in an official 
          capacity and with the alien's consent.
              (5) Grandfather.--A person, other than a representative of 
          an organization described in subsection (b), who on December 
          23, 1952, was authorized to practice before the Board of 
          Immigration Appeals and the Immigration and Naturalization 
          Service.
      (b) Recognition of Qualified Organizations; Accreditation of 
  Representatives.--
              (1) In general.--The Attorney General shall establish a 
          process--
                      (A) for the recognition of nonprofit religious, 
                  charitable, social service, or similar organization 
                  established in the United States; and
                      (B) for the accreditation of representatives of a 
                  recognized organization to provide immigration 
                  services, including practicing before the Immigration 
                  and Naturalization Service and the Board of Immigration 
                  Appeals, on behalf of the organization.
              (2) Qualifications.--
                      (A) Recognition.--An organization shall not be 
                  recognized under paragraph (1)(A) unless the 
                  organization establishes to the satisfaction of the 
                  Attorney General that it has at its disposal adequate 
                  knowledge, information and experience.
                      (B) Accreditation of representatives.--A 
                  representative may not be accredited under paragraph 
  (1)(B) unless the representative--
                              (i) is of good moral character; and
                              (ii) has sufficient experience and 
                          knowledge of immigration and naturalization law 
                          and procedure to adequately represent clients 
                          of the organization in immigration matters.
              (3) Application process.--The Attorney General shall 
          establish an application process for the recognition of 
          organizations and accreditation of representatives of such 
          organizations under this subsection. As a condition for 
          continuing the recognition of an organization or accreditation 
          of a representative, the Attorney General may require the 
          periodic submission of such application or information as the 
          Attorney General may specify.
              (4) Withdrawal of recognition or accreditation.--The 
          Attorney General may withdraw recognition of any organization 
          or accreditation of a representative if the organization or 
          representative has failed to maintain the qualifications to be 
          so recognized or accredited, under a process specified by the 
          Attorney General.
              (5) Use of current standards.--To the extent practicable, 
          the Attorney General shall carry out this subsection in a 
          manner consistent with the recognition and accreditation 
          process provided by the Board of Immigration Appeals under 
          section 292.2 of title 8, Code of Federal Regulations, as in 
          effect as of the date of the enactment of this Act.
      (c) Construction.--Nothing in section 3 shall be construed as 
  applying to a person who does not receive direct or indirect 
  compensation for provision of services.
  
  SEC. 5. EDUCATION THROUGH COMMUNITY OUTREACH PROGRAMS.
  
      The Attorney General is authorized to provide grants to States in 
  order to provide community outreach programs through State and local 
  government agencies to educate individuals who use immigration 
  consultants regarding the requirements of this Act.
  
  SEC. 6. NON-PREEMPTION OF MORE PROTECTIVE STATE LAWS.
  
      The provisions of this Act supersede State laws only to the extent 
  the State laws prevent the application of section 3. States may impose 
  requirements that are in addition to the requirements established under 
  this Act.
  
  SEC. 7. CONFIDENTIALITY OF INFORMATION.
  
      (a) In General.--Except as provided in this section, neither the 
  Attorney General, nor any other official or employee of the Department 
  of Justice, or bureau or agency thereof, may use the information 
  furnished by any person (including an alien who is not lawfully present 
  in the United States) specifically in relation to a violation of this 
  Act for any purpose other than to carry out this Act (including 
  prosecutions under section 3). If such information is furnished by an 
  alien who is not lawfully present in the United States, such 
  information shall not be used for the purpose of identifying and 
  removing the person from the United States or imposing other sanctions 
  against the person, except if the information furnished is false or 
  fraudulent.
      (b) Construction.--Nothing in this section 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 Immigration and Naturalization Service, other than information 
  furnished under subsection (a) that is not available from any other 
  source.
      (c) Crime.--Whoever knowingly uses information in violation of this 
  section shall be fined not more than $10,000.
  
  SEC. 8. EFFECTIVE DATE.
  
      This Act applies to actions taken as an immigration consultant on 
  and after such date (not later than 2 years after the date of the 
  enactment of this Act) as the Attorney General shall specify in 
  regulations.
target: Authorizes the Attorney General to provide State grants to educate persons  respecting the requirements of this Act.
  Provides for confidentiality of information provided under this Act, and fines for knowing  violation of such confidentiality.
feat_title: Immigration Services Consumer Protection Act of 2000