article: 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.
summary: 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.