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(f) The Secretary is prohibited from advertising,
offering or awarding any timber sale within the study
area for a period of two years after the date of enactment
of this section.
(g) Nothing in this section shall in any way affect
any State or Federal law governing appropriation, use of
or Federal right to water on flowing through National
Forest System lands. Nothing in this section is intended
to influence the relative strength of competing claims to
the waters of the Little Sandy River. Nothing in this sec-
tion shall be construed to expand or diminish Federal,
State, or local jurisdiction, responsibility, interests, or
rights in water resources development or control, includ-
ing rights in and current uses of water resources in the
unit.
SEC. 606. Lands within the Bull Run Manage-
ment Unit, as defined in Public Law 95–200, but not
contained within the Bull Run River Drainage, as defined
by this title and as depicted on the map dated July 1996
described in Section 604 of this title, shall continue to be
managed in accordance with Public Law 95–200.
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TITLE VII—OREGON ISLANDS
WILDERNESS, ADDITIONS
SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.
(a) In furtherance of the purposes of the Wilder-
ness Act of 1964, certain lands within the boundaries of
the Oregon Islands National Wildlife Refuge, Oregon,
comprising approximately ninety-five acres and as gen-
erally depicted on a map entitled ‘‘Oregon Island Wilder-
ness Additions—Proposed’’ dated August 1996, are here-
by designated as wilderness. The map shall be on file and
available for public inspection in the offices of the Fish
and Wildlife Service, Department of the Interior.
(b) All other federally owned named, unnamed,
surveyed and unsurveyed rocks, reefs, islets and islands
lying within three goegraphic miles off the coast of Or-
egon and above mean high tide, not currently designated
as wilderness and also within the Oregon Islands Na-
tional Wildlife Refuge boundaries under the administra-
tion of the United States Fish and Wildlife Service, De-
partment of the Interior, as designated by Executive
Order 7035, Proclamation 2416, Public Land Orders
4395, 4475 and 6287, and Public Laws 91–504 and 95–
450, are hereby designated as wilderness.
(c) All federally owned named, unnamed, surveyed
and unsurveyed rocks, reefs, islets and islands lying with-
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in three geographic miles off the coast of Oregon and
above mean high tide, and presently under the jurisdic-
tion of the Bureau of Land Management, except Chiefs
Island, are hereby designated as wilderness, shall become
part of the Oregon Islands National Wildlife Refuge and
the Oregon Island Wilderness and shall be under the ju-
risdiction of the United States Fish and Wildlife Service,
Department of the Interior.
(d) As soon as practicable after this title takes ef-
fect, a map of the wilderness area and a description of
its boundaries shall be filed with the Senate Committee
on Energy and Natural Resources and the House Com-
mittee on Resources, and such map shall have the same
force and effect as if included in this title: Provided how-
ever, That correcting clerical and typographical errors in
the map and land descriptions may be made.
(e) Public Land Order 6287 of June 16, 1982,
which withdrew certain rocks, reefs, islets and islands
lying within three geographical miles off the coast of Or-
egon and above mean high tide, including the ninety-five
acres described in subsection (a), as an addition to the
Oregon Islands National Wildlife Refuge is hereby made
permanent.
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TITLE VIII—UMPQUA RIVER
LAND EXCHANGE STUDY
SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY
AND DIRECTION.
(a) IN GENERAL.—The Secretaries of the Interior
and Agriculture (Secretaries) are hereby authorized and
directed to consult, coordinate, and cooperate with the
Umpqua Land Exchange Project (ULEP), affected units
and agencies of State and local government, and, as ap-
propriate, the World Forestry Center and National Fish
and Wildlife Foundation, to assist ULEP’s ongoing ef-
forts in studying and analyzing land exchange opportuni-
ties in the Umpqua River Basin and to provide scientific,
technical, research, mapping and other assistance and in-
formation to such entities. Such consultation, coordina-
tion, and cooperation shall at a minimum include, but not
be limited to:
(1) working with ULEP to develop or assemble
comprehensive scientific and other information (in-
cluding comprehensive and integrated mapping) con-
cerning the Umpqua River Basin’s resources of for-
est, plants, wildlife, fisheries (anadromous and
other), recreational opportunities, wetlands, riparian
habitat, and other physical or natural resources;
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(2) working with ULEP to identify general or
specific areas within the basin where land exchanges
could promote consolidation of forestland ownership
for long-term, sustained timber production; protec-
tion and restoration of habitat for plants, fish, and
wildlife (including any federally listed threatened or
endangered species); protection of drinking water
supplies; recovery of threatened and endangered spe-
cies; protection and restoration of wetlands, riparian
lands, and other environmentally sensitive areas;
consolidation of land ownership for improved public
access and a broad array of recreational uses; and
consolidation of land ownership to achieve manage-
ment efficiency and reduced costs of administration;
and
(3) developing a joint report for submission to
the Congress which discusses land exchange oppor-
tunities in the basin and outlines either a specific
land exchange proposal or proposals which may
merit consideration by the Secretaries or the Con-
gress, or ideas and recommendations for new au-
thorizations, direction, or changes in existing law or
policy to expedite and facilitate the consummation of
beneficial land exchanges in the basin via adminis-
trative means.
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(b) MATTERS FOR SPECIFIC STUDY.—In analyz-
ing land exchange opportunities with ULEP, the Sec-
retaries shall give priority to assisting ULEP’s ongoing
efforts in:
(1) studying, identifying, and mapping areas
where the consolidation of land ownership via land
exchanges could promote the goals of long term spe-
cies and watershed protection and utilization, includ-
ing but not limited to the goals of the Endangered
Species Act of 1973 more effectively than current
land ownership patterns and whether any changes in
law or policy applicable to such lands after con-
summation of an exchange would be advisable or
necessary to achieve such goals;
(2) studying, identifying and mapping areas
where land exchanges might be utilized to better sat-
isfy the goals of sustainable timber harvest, includ-
ing studying whether changes in existing law or pol-
icy applicable to such lands after consummation of
an exchange would be advisable or necessary to
achieve such goals;
(3) identifying issues and studying options and
alternatives, including possible changes in existing
law or policy, to insure that combined post-exchange
revenues to units of local government from State
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and local property, severance, and other taxes or lev-
ies and shared Federal land receipts will approxi-
mate pre-exchange revenues;
(4) identifying issues and studying whether pos-
sible changes in law, special appraisal instruction, or
changes in certain Federal appraisal procedures
might be advisable or necessary to facilitate the ap-
praisal of potential exchange lands which may have
special characteristics or restrictions affecting land
values;
(5) identifying issues and studying options and
alternatives, including changes in existing laws or
policy, for achieving land exchanges without reduc-
ing the net supply of timber available to small busi-
nesses;
(6) identifying, mapping, and recommending
potential changes in land use plans, land classifica-
tions, or other actions which might be advisable or
necessary to expedite, facilitate or consummate land
exchanges in certain areas;
(7) analyzing potential sources for new or en-
hanced Federal, State, or other funding to promote
improved resource protection, species recovery, and
management in the basin; and
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(8) identifying and analyzing whether increased
efficiency and better land and resource management
could occur through either consolidation of Federal
forest management under one agency or exchange
lands between the Forest Service and the Bureau of
Land Management.
SEC. 802. REPORT TO CONGRESS.
No later than February 1, 1998, ULEP and the
Secretaries shall submit a joint report to the Committee
on Resources of the United States House of Representa-
tives and to the Committee on Energy and Natural Re-
sources of the United States Senate concerning their
studies, findings, recommendations, mapping and other
activities conducted pursuant to this title.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
In furtherance of the purposes of this title, there
is hereby authorized to be appropriated the sum of $2
million, to remain available until expended.
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DIVISION C—ILLEGAL IMMIGRA-
TION 
REFORM 
AND 
IMMI-
GRANT RESPONSIBILITY ACT
OF 1996
SEC. 1. SHORT TITLE OF DIVISION; AMENDMENTS TO IMMI-
GRATION AND NATIONALITY ACT; APPLICA-
TION OF DEFINITIONS OF SUCH ACT; TABLE
OF CONTENTS OF DIVISION; SEVERABILITY.
(a) SHORT TITLE.—This division may be cited as the
‘‘Illegal Immigration Reform and Immigrant Responsibil-
ity Act of 1996’’.
(b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
ITY ACT.—Except as otherwise specifically provided—
(1) whenever in this division 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
(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 division.
(c) APPLICATION OF CERTAIN DEFINITIONS.—Ex-
cept as otherwise specifically provided in this division, for
purposes of titles I and VI of this division, the terms
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‘‘alien’’, ‘‘Attorney General’’, ‘‘border crossing identifica-
tion 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 OF DIVISION.—The table
of contents of this division is as follows:
Sec. 1. Short title of division; amendments to Immigration and Nationality Act;
application of definitions of such Act; table of contents of divi-
sion; severability.
TITLE I—IMPROVEMENTS TO BORDER CONTROL, FACILITATION
OF LEGAL ENTRY, AND INTERIOR ENFORCEMENT
Subtitle A—Improved Enforcement at the Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration check-
points.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol positions
from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.
Subtitle B—Facilitation of Legal Entry
Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent documents.
Sec. 125. Preclearance authority.
Subtitle C—Interior Enforcement
Sec. 131. Authorization of appropriations for increase in number of certain in-
vestigators.
Sec. 132. Authorization of appropriations for increase in number of investiga-
tors of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration enforcement.
Sec. 134. Minimum State INS presence.
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TITLE II—ENHANCED ENFORCEMENT AND PENALTIES AGAINST
ALIEN SMUGGLING; DOCUMENT FRAUD
Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for investigations of alien smuggling or document
fraud.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States Attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B—Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of government-issued
documents.
Sec. 212. New document fraud offenses; new civil penalties for document fraud.
Sec. 213. New criminal penalty for failure to disclose role as preparer of false
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, ADJUDICA-
TION, 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 sta-
tus; 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 con-
forming 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.
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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 incarcer-
ation 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 of-
fense 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.
Sec. 352. Exclusion of former citizens who renounced citizenship to avoid Unit-
ed States taxation.
Sec. 353. References to changes elsewhere in division.
Subtitle D—Changes in Removal of Alien Terrorist Provisions
Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorist organizations.
Sec. 356. Standard for judicial review of terrorist organization designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.
Subtitle E—Transportation of Aliens
Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.
Subtitle F—Additional Provisions
Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
Sec. 377. Limitation on legalization litigation.
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Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention space.
Sec. 387. Pilot program on use of closed military bases for the detention of in-
admissible or deportable aliens.
Sec. 388. Report on interior repatriation program.
TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST
EMPLOYMENT
Subtitle A—Pilot Programs for Employment Eligibility Confirmation
Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.
Subtitle B—Other Provisions Relating to Employer Sanctions
Sec. 411. Limiting liability for certain technical violations of paperwork require-
ments.
Sec. 412. Paperwork and other changes in the employer sanctions program.
Sec. 413. Report on additional authority or resources needed for enforcement
of 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-re-
lated employment practices.
TITLE V—RESTRICTIONS ON BENEFITS FOR ALIENS
Subtitle A—Eligibility of Aliens for Public Assistance and Benefits
Sec. 501. Exception to ineligibility for public benefits for certain battered
aliens.
Sec. 502. Pilot programs on limiting issuance of driver’s licenses to illegal
aliens.
Sec. 503. Ineligibility of aliens not lawfully present for Social Security benefits.
Sec. 504. Procedures for requiring proof of citizenship for Federal public bene-
fits.
Sec. 505. Limitation on eligibility for preferential treatment of aliens not law-
fully present on basis of residence for higher education bene-
fits.
Sec. 506. Study and report on alien student eligibility for postsecondary Fed-
eral student financial assistance.
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Sec. 507. Verification of immigration status for purposes of Social Security and
higher educational assistance.
Sec. 508. No verification requirement for nonprofit charitable organizations.
Sec. 509. GAO study of provision of means-tested public benefits to aliens who
are not qualified aliens on behalf of eligible individuals.
Sec. 510. Transition for aliens currently receiving benefits under the Food
Stamp program.
Subtitle B—Public Charge Exclusion
Sec. 531. Ground for exclusion.
Subtitle C—Affidavits of Support
Sec. 551. Requirements for sponsor’s affidavit of support.
Sec. 552. Indigence and battered spouse and child exceptions to Federal attri-
bution of income rule.
Sec. 553. Authority of States and political subdivisions of States to limit assist-
ance 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. Treatment of expenses subject to emergency medical services excep-
tion.
Sec. 563. Reimbursement of States and localities for emergency ambulance
services.
Sec. 564. Pilot programs to require bonding.
Sec. 565. Reports.
Subtitle E—Housing Assistance
Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for financial assist-
ance.
Sec. 575. Prohibition of sanctions against entities making financial assistance
eligibility determinations.
Sec. 576. Eligibility for public and assisted housing.
Sec. 577. Regulations.
Subtitle F—General Provisions
Sec. 591. Effective dates.
Sec. 592. Not applicable to foreign assistance.
Sec. 593. Notification.
Sec. 594. 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.
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Sec. 603. Treatment of long-term parolees in applying worldwide numerical lim-
itations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.
Subtitle B—Miscellaneous Amendments to the Immigration and Nationality
Act
Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect to inter-
national medical graduates.
Sec. 623. Use of legalization and special agricultural worker information.
Sec. 624. Continued validity of labor certifications and classification petitions
for professional athletes.
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents killed in the
line of duty.
Subtitle C—Provisions Relating to Visa Processing and Consular Efficiency
Sec. 631. Validity of period of visas.
Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the 1995 diver-
sity immigrant program.
Subtitle D—Other Provisions
Sec. 641. Program to collect information relating to nonimmigrant foreign stu-
dents.
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.
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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 division
or the application of such provision to any person or cir-
cumstances is held to be unconstitutional, the remainder
of this division and the application of the provisions of
this division to any person or circumstance shall not be
affected thereby.
TITLE 
I—IMPROVEMENTS 
TO
BORDER CONTROL, FACILITA-
TION OF LEGAL ENTRY, AND
INTERIOR ENFORCEMENT
Subtitle A—Improved Enforcement
at the Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PER-
SONNEL.
(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, ac-
tive-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.
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(b) INCREASE IN BORDER PATROL SUPPORT PER-
SONNEL.—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 prac-
ticable, ensure that additional border patrol agents shall
be deployed among Immigration and Naturalization Serv-
ice sectors along the border in proportion to the level of
illegal crossing of the borders of the United States meas-
ured in each sector during the preceding fiscal year and
reasonably anticipated in the next fiscal year.
(d) 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 deploy-
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ing border patrol personnel from interior stations to
border stations, coordinate with, and act in conjunc-
tion 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 pa-
trol 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 Judi-
ciary 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).
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Commissioner of Immigration and Nat-
uralization, 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.
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(b) CONSTRUCTION
OF FENCING
AND ROAD IM-
PROVEMENTS IN THE BORDER AREA NEAR SAN DIEGO,
CALIFORNIA.—
(1) IN GENERAL.—In carrying out subsection
(a), the Attorney General shall provide for the con-
struction along the 14 miles of the international
land border of the United States, starting at the Pa-
cific 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 EASE-
MENTS.—The Attorney General, acting under the
authority conferred in section 103(b) of the Immi-
gration and Nationality Act (as inserted by sub-
section (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 Gen-
eral, while constructing the additional fencing under
this subsection, shall incorporate such safety fea-
tures into the design of the fence system as are nec-
essary to ensure the well-being of border patrol
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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 Spe-
cies 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), respec-
tively; 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 bor-
der when the Attorney General deems the land essential
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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 condemnation proceedings pursu-
ant 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 TECH-
NOLOGY.
The Attorney General is authorized to acquire and
use, for the purpose of detection, interdiction, and reduc-
tion of illegal immigration into the United States, any
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Federal equipment (including fixed wing aircraft, heli-
copters, four-wheel drive vehicles, sedans, night vision gog-
gles, 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 IDENTI-
FICATION CARD.
(a) IN GENERAL.—Section 101(a)(6) (8 U.S.C.
1101(a)(6)) is amended by adding at the end the follow-
ing: ‘‘Such regulations shall provide that (A) each such
document include a biometric identifier (such as the fin-
gerprint or handprint of the alien) that is machine read-
able and (B) an alien presenting a border crossing identi-
fication 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 characteris-
tic 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.
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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 follow-
ing:
‘‘(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.
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
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Attorney General shall complete a review of all
prescreening and hiring standards used by the Commis-
sioner of Immigration and Naturalization, and, where nec-
essary, revise such standards to ensure that they are con-
sistent with relevant standards of professionalism.
(b) CERTIFICATION.—At the conclusion of each of
fiscal years 1997, 1998, 1999, 2000, and 2001, the Attor-
ney 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 para-
graph (1), the Attorney General shall submit a
report to the Committees on the Judiciary of
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the House of Representatives and of the Senate
on the results of the review, including—
(i) a description of the status of ef-
forts to update and improve training
throughout the Immigration and Natu-
ralization 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 Sec-
retary of State, and the Secretary of Defense shall cooper-
ate 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
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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 Attor-
ney General’s strategy has been effective in reducing ille-
gal entry. Each such report shall include a collection and
systematic analysis of data, including workload indicators,
related to activities to deter illegal entry and recommenda-
tions to improve and increase border security at the border
and ports of entry.
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, in-
nocent bystanders, and the fleeing individuals them-
selves.
(3) The pursuit of suspects fleeing immigration
checkpoints is complicated by overlapping jurisdic-
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tion among Federal, State, and local law enforce-
ment officers.
(b) HIGH
SPEED
FLIGHT
FROM
IMMIGRATION
CHECKPOINTS.—
(1) IN GENERAL.—Chapter 35 of title 18, Unit-
ed States Code, is amended by adding at the end the
following:
‘‘§ 758. High speed flight from immigration check-
point
‘‘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 sec-
tions 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 sec-
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tion 758 of title 18, United States Code
(relating to high speed flight from an im-
migration checkpoint), is deportable.’’; and
(3) in clause (v) (as so redesignated by para-
graph (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 Sec-
retary 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 en-
actment 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 fur-
ther steps to be taken, including any suggestions for legis-
lation.
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
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develop an automated entry and exit control system that
will—
(1) collect a record of departure for every alien
departing the United States and match the records
of departure with the record of the alien’s arrival in
the United States; and
(2) enable the Attorney General to identify,
through on-line searching procedures, lawfully ad-
mitted 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 col-
lected, with an accounting by country of nation-
ality of the departing alien.
(B) The number of departure records that
were successfully matched to records of the
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alien’s prior arrival in the United States, with
an accounting by the alien’s country of nation-
ality and by the alien’s classification as an im-
migrant 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 Immi-
gration 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.—Infor-
mation 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.
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SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT
OF BORDER PATROL POSITIONS FROM INTE-
RIOR 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 person-
nel 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 rede-
ployment submitted by the Attorney General on May
17, 1996, to the Committee on Appropriations of the
House of Representatives and the Committee on Ap-
propriations of the Senate.
(2) The direction regarding such redeployment
provided in the joint explanatory statement of the
committee of conference in the conference report to
accompany the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-
134).
SEC. 
112. 
NATIONWIDE 
FINGERPRINTING 
OF 
APPRE-
HENDED ALIENS.
There are authorized to be appropriated such addi-
tional sums as may be necessary to ensure that the
‘‘IDENT’’ program (operated by the Immigration and
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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 in-
spection of persons and vehicles lawfully attempting to
enter the United States, the Attorney General and the
Secretary of the Treasury each shall increase, by approxi-
mately equal numbers in each of fiscal years 1997 and
1998, the number of full-time land border inspectors as-
signed to active duty by the Immigration and Naturaliza-
tion 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 AUTHORITY; ESTABLISHMENT OF AUTOMATED
PERMIT PILOT PROJECTS.—Section 286(q) is amended—
(1) by striking the matter preceding paragraph
(2) and inserting the following:
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‘‘(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 au-
thorized by an Act of Congress.
‘‘(iii) This subparagraph shall take effect, with re-
spect to any project described in clause (1) that was not
authorized to be commenced before the date of the enact-
ment 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 pro-
posed 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
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demonstrate the use of designated ports of entry after
working hours through the use of card reading machines
or other appropriate technology.’’; and
(2) by striking paragraph (5).
(b) CONFORMING AMENDMENT.—The Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriation Act, 1994 (Public Law 103–
121, 107 Stat. 1161) is amended by striking the fourth
proviso under the heading ‘‘Immigration and Naturaliza-
tion 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 follow-
ing:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 
235A. 
(a) 
ESTABLISHMENT
OF
PREINSPECTION STATIONS.—
‘‘(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 pas-
sengers who arrive from abroad by air at ports of
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entry within the United States. Such preinspection
stations shall be in addition to any preinspection sta-
tions 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 Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the implementation of
paragraph (1).
‘‘(3) DATA COLLECTION.—Not later than No-
vember 1, 1997, and each subsequent November 1,
the Attorney General shall compile data identify-
ing—
‘‘(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 fol-
lowed from their country of origin to the United
States.
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‘‘(4) ADDITIONAL STATIONS.—Subject to para-
graph (5), not later than October 31, 2000, the At-
torney General, in consultation with the Secretary of
State, shall establish preinspection stations in at
least 5 additional foreign airports which the Attor-
ney 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 en-
sure that—
‘‘(A) employees of the United States sta-
tioned at the preinspection station and their ac-
companying family members will receive appro-
priate protection;
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‘‘(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 main-
tains practices and procedures with respect to
asylum seekers and refugees in accordance with
the Convention Relating to the Status of Refu-
gees (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 persecu-
tion.
‘‘(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 ex-
ists.’’.
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(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 DETEC-
TION 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, com-
mercial airline personnel regarding such detec-
tion’’ 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
REGULA-
TIONS.—
(1) IN
GENERAL.—Section 212(f) (8 U.S.C.
1182(f)) is amended by adding at the end the follow-
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ing: ‘‘Whenever the Attorney General finds that a
commercial airline has failed to comply with regula-
tions of the Attorney General relating to require-
ments of airlines for the detection of fraudulent doc-
uments 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 Immi-
gration and Nationality Act, as added by the amend-
ment 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 Attor-
ney 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.
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Those officers may exercise such authority and perform
such duties as United States immigration officers are au-
thorized to exercise and perform in that foreign country
under reciprocal agreement, and they shall enjoy such rea-
sonable privileges and immunities necessary for the per-
formance of their duties as the government of their coun-
try extends to United States immigration officers.’’.
Subtitle C—Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR IN-
CREASE IN NUMBER OF CERTAIN INVESTIGA-
TORS.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated such funds as may be necessary to enable the
Commissioner of Immigration and Naturalization to in-
crease 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 po-
tential violations of section 274A of the Immigration and
Nationality Act.
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(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 IN-
CREASE IN NUMBER OF INVESTIGATORS OF
VISA OVERSTAYERS.
There are authorized to be appropriated such funds
as may be necessary to enable the Commissioner of Immi-
gration and Naturalization to increase the number of in-
vestigators and support personnel to investigate visa over-
stayers 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 subdivi-
sion of a State, pursuant to which an officer or employee
of the State or subdivision, who is determined by the At-
torney General to be qualified to perform a function of
an immigration officer in relation to the investigation, ap-
prehension, or detention of aliens in the United States (in-
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cluding 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 re-
quire 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 im-
migration 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 pro-
vided in a written agreement between the Attorney Gen-
eral 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
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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 determin-
ing the liability, and immunity from suit, of the officer
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or employee in a civil action brought under Federal or
State law.
‘‘(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to
enter into an agreement with the Attorney General under
this subsection.
‘‘(10) Nothing in this subsection shall be construed
to require an agreement under this subsection in order for
any officer or employee of a State or political subdivision
of a State—
‘‘(A) to communicate with the Attorney General
regarding the immigration status of any individual,
including reporting knowledge that a particular alien
is not lawfully present in the United States; or
‘‘(B) otherwise to cooperate with the Attorney
General in the identification, apprehension, deten-
tion, 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) of this division, 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 Im-
migration and Naturalization Service to carry out the
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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 ENFORCE-
MENT 
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 (re-
lating to the procurement of citizenship or national-
ization unlawfully), section 1426 (relating to the re-
production of naturalization or citizenship papers),
section 1427 (relating to the sale of naturalization
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or citizenship papers), section 1541 (relating to
passport issuance without authority), section 1542
(relating to false statements in passport applica-
tions), 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 follow-
ing 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 sec-
tion 1028 was committed for the purpose of finan-
cial gain’’;
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(2) by inserting ‘‘section 1425 (relating to the
procurement of citizenship or nationalization unlaw-
fully), 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 sec-
tion 1542 was committed for the purpose of finan-
cial gain’’;
(4) by striking ‘‘if the act indictable under sec-
tion 1543 was committed for the purpose of finan-
cial gain’’;
(5) by striking ‘‘if the act indictable under sec-
tion 1544 was committed for the purpose of finan-
cial gain’’; and
(6) by striking ‘‘if the act indictable under sec-
tion 1546 was committed for the purpose of finan-
cial 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
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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)’’;
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(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 viola-
tion 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 pe-
riod, knowingly hires for employment at least 10 individ-
uals 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—
‘‘(i) is an unauthorized alien (as defined in sec-
tion 274A(h)(3)), and
‘‘(ii) has been brought into the United States in
violation of this subsection.’’.
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(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 unlaw-
fully 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 pro-
mulgate sentencing guidelines or amend existing
sentencing guidelines for offenders convicted of of-
fenses related to smuggling, transporting, harboring,
or inducing aliens in violation of section 274(a)
(1)(A) or (2) of the Immigration and Nationality
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Act (8 U.S.C. 1324(a)(1)(A), (2)(B)) in accordance
with this subsection.
(2) REQUIREMENTS.—In carrying out this sub-
section, the Commission shall, with respect to the of-
fenses described in paragraph (1)—
(A) increase the base offense level for such
offenses at least 3 offense levels above the ap-
plicable level in effect on the date of the enact-
ment 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 en-
hancement by at least 50 percent above the ap-
plicable enhancement in effect on the date of
the enactment of this Act;
(C) impose an appropriate sentencing en-
hancement 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 cur-
rent offense, to be applied in addition to any
sentencing enhancement that would otherwise
apply pursuant to the calculation of the defend-
ant’s criminal history category;
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(D) impose an additional appropriate sen-
tencing 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 con-
duct as the current offense, to be applied in ad-
dition to any sentencing enhancement that
would otherwise apply pursuant to the calcula-
tion of the defendant’s criminal history cat-
egory;
(E) impose an appropriate sentencing en-
hancement on a defendant who, in the course of
committing an offense described in this sub-
section—
(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 con-
sciously or recklessly places another in se-
rious danger of death or serious bodily in-
jury;
(F) consider whether a downward adjust-
ment is appropriate if the offense is a first of-
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fense and involves the smuggling only of the
alien’s spouse or child; and
(G) consider whether any other aggravat-
ing or mitigating circumstances warrant up-
ward 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 amend-
ments made by this section shall apply with respect to of-
fenses 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.
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(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall pros-
ecute 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 Stat-
utes (31 U.S.C. 1341),
‘‘(B) section 3732(a) of the Revised Stat-
utes (41 U.S.C. 11(a)),
‘‘(C) section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255),
‘‘(D) the third undesignated paragraph
under the heading ‘Miscellaneous’ of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
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‘‘(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 corpora-
tions or business entities as part of an undercover
operation, and to operate such corporations or busi-
ness 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 de-
posited in banks or other financial institutions with-
out 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 oper-
ation may be used to offset necessary and reasonable
expenses incurred in such operation without regard
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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 nec-
essary for the conduct of the undercover operation.
‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE-
QUIRED.—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 dis-
posed of, the Service, as much in advance as the Commis-
sioner 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,
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sale, or other disposition, after obligations are met, shall
be deposited in the Treasury of the United States as mis-
cellaneous 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.’’.
(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 FRAUDU-
LENT USE OF GOVERNMENT-ISSUED DOCU-
MENTS.
(a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED
IDENTIFICATION DOCUMENTS.—(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;
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(C) by redesignating paragraph (3) as para-
graph (5); and
(D) by inserting after paragraph (2) the follow-
ing 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 terror-
ism (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 facili-
tate an act of international terrorism (as defined in section
2331 of this title)), 20 years (if the offense was committed
to facilitate a drug trafficking crime (as defined in section
929(a) of this title)), 10 years (in the case of the first
or second such offense, if the offense was not committed
to facility such an act of international terrorism or a drug
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trafficking crime), or 15 years (in the case of any other
offense)’’.
(b) CHANGES TO THE SENTENCING LEVELS.—
(1) IN
GENERAL.—Pursuant to the Commis-
sion’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 offend-
ers 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 sub-
section, the Commission shall, with respect to the of-
fenses referred to in paragraph (1)—
(A) increase the base offense level for such
offenses at least 2 offense levels above the level
in effect on the date of the enactment of this
Act;
(B) review the sentencing enhancement for
number of documents or passports involved
(U.S.S.G. 2L2.1(b)(2)), and increase the up-
ward adjustment by at least 50 percent above
the applicable enhancement in effect on the
date of the enactment of this Act;
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(C) impose an appropriate sentencing en-
hancement 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 cur-
rent offense, to be applied in addition to any
sentencing enhancement that would otherwise
apply pursuant to the calculation of the defend-
ant’s criminal history category;
(D) impose an additional appropriate sen-
tencing 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 calcula-
tion of the defendant’s criminal history cat-
egory; and
(E) consider whether any other aggravat-
ing or mitigating circumstances warrant up-
ward or downward sentencing adjustments.
(3) EMERGENCY AUTHORITY TO SENTENCING
COMMISSION.—The Commission shall promulgate
the guidelines or amendments provided for under
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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 amend-
ments made by this section shall apply with respect to of-
fenses 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 ben-
efit under this Act’’;
(2) in paragraph (2), by inserting before the
comma at the end the following: ‘‘or to obtain a ben-
efit 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;
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(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
(5) by adding at the end the following new
paragraphs:
‘‘(5) to prepare, file, or assist another in pre-
paring 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 reck-
less disregard of the fact that such application or
document was falsely made or, in whole or in part,
does not relate to the 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 eligi-
bility 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.’’.
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(b) DEFINITION OF FALSELY MAKE.—Section 274C
(8 U.S.C. 1324c), as amended by section 213 of this divi-
sion, is further amended by adding at the end the follow-
ing 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 con-
tains a false, fictitious, or fraudulent statement or mate-
rial representation, or has no basis in law or fact, or other-
wise 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 doc-
ument used, accepted, or created and each instance of use,
acceptance, or creation’’ each place it appears and insert-
ing ‘‘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 know-
ingly violates subsection (a)(6) if the alien is granted
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asylum under section 208 or withholding of deporta-
tion under section 243(h).’’.
(e) EFFECTIVE DATE.—Section 274C(f) of the Immi-
gration 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 DIS-
CLOSE ROLE AS PREPARER OF FALSE APPLI-
CATION 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 DIS-
CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in
any matter within the jurisdiction of the Service, know-
ingly 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 pre-
paring 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, impris-
oned for not more than 5 years, or both, and prohibited
from preparing or assisting in preparing, whether or not
for a fee or other remuneration, any other such applica-
tion.
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‘‘(2) Whoever, having been convicted of a violation
of paragraph (1), knowingly and willfully prepares or as-
sists 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 juris-
diction 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 assist-
ing in preparing any other such application.’’.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENT-
ING 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 rea-
sonable basis in law or fact’’.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI-
ZENSHIP.
Section 1015 of title 18, United States Code, is
amended—
(1) by striking the dash at the end of para-
graph (d) and inserting ‘‘; or’’, and
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(2) by inserting after paragraph (d) the follow-
ing:
‘‘(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 employ-
ment 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 referen-
dum)—’’.
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—
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‘‘(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.’’.
(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
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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, vehi-
cle, 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), sec-
tion 274A(a)(1) or 274A(a)(2) of the Immigra-
tion and Nationality Act, or section 1028,
1425, 1426, 1427, 1541, 1542, 1543, 1544, or
1546 of this title; or
‘‘(II) that is used to facilitate, or is in-
tended to be used to facilitate, the commission
of a violation of, or a conspiracy to violate, sub-
section (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.
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The court, in imposing sentence on such person, shall
order that the person forfeit to the United States all prop-
erty described in this subparagraph.
‘‘(B) The criminal forfeiture of property under sub-
paragraph (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 sub-
sections (a) and (d) of such section 413.’’.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SER-
VITUDE.
(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, involun-
tary servitude, and slave trade offenses, and the sen-
tences for kidnapping offenses in effect on the date
of the enactment of this Act; and
(2) between the sentences for peonage, involun-
tary servitude, and slave trade offenses, and the sen-
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tences 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 re-
view its guidelines on sentencing for peonage, invol-
untary servitude, and slave trade offenses under sec-
tions 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 sen-
tences for kidnapping offenses and alien smug-
gling offenses;
(B) ensure that the applicable guidelines
for defendants convicted of peonage, involun-
tary servitude, and slave trade offenses are suf-
ficiently stringent to deter such offenses and
adequately reflect the heinous nature of such
offenses; and
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(C) ensure that the guidelines reflect the
general appropriateness of enhanced sentences
for defendants whose peonage, involuntary ser-
vitude, 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 amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI-
MONY.
Section 274 (8 U.S.C. 1324) is amended by adding
at the end thereof the following new subsection:
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‘‘(d) Notwithstanding any provision of the Federal
Rules of Evidence, the videotaped (or otherwise audio-
visually preserved) deposition of a witness to a violation
of subsection (a) who has been deported or otherwise ex-
pelled from the United States, or is otherwise unable to
testify, may be admitted into evidence in an action brought
for that violation if the witness was available for cross ex-
amination and the deposition otherwise complies with the
Federal Rules of Evidence.’’.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD EN-
FORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amend-
ed—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘, and’’; and
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(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 fil-
ing of a complaint in a case under paragraph
(2).’’.
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TITLE III—INSPECTION, APPRE-
HENSION, DETENTION, ADJU-
DICATION, AND REMOVAL OF
INADMISSIBLE AND DEPORT-
ABLE 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 sec-
tion 101(a) (8 U.S.C. 1101(a)) is amended to read as fol-
lows:
‘‘(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 resi-
dence in the United States shall not be regarded as seek-
ing an admission into the United States for purposes of
the immigration laws unless the alien—
‘‘(i) has abandoned or relinquished that status,
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‘‘(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 proceed-
ings under this Act and extradition proceedings,
‘‘(v) has committed an offense identified in sec-
tion 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 in-
spection and authorization by an immigration offi-
cer.’’.
(b) INADMISSIBILITY OF ALIENS PREVIOUSLY RE-
MOVED AND UNLAWFULLY PRESENT.—
(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.—
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‘‘(A) CERTAIN
ALIENS
PREVIOUSLY
RE-
MOVED.—
‘‘(i) ARRIVING
ALIENS.—Any alien
who has been ordered removed under sec-
tion 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 provi-
sion of law, or
‘‘(II) departed the United States
while an order of removal was out-
standing,
and who seeks admission within 10 years
of the date of such alien’s departure or re-
moval (or within 20 years of such date in
the case of a second or subsequent removal
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or at any time in the case of an alien con-
victed of an aggravated felony) is inadmis-
sible.
‘‘(iii) EXCEPTION.—Clauses (i) and
(ii) shall not apply to an alien seeking ad-
mission within a period if, prior to the date
of the alien’s reembarkation at a place out-
side the United States or attempt to be ad-
mitted 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 perma-
nent 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 ad-
mission within 3 years of the date of
such alien’s departure or removal, or
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‘‘(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 para-
graph, an alien is deemed to be unlawfully
present in the United States if the alien is
present in the United States after the expi-
ration of the period of stay authorized by
the Attorney General or is present in the
United States without being admitted or
paroled.
‘‘(iii) EXCEPTIONS.—
‘‘(I) MINORS.—No period of time
in which an alien is under 18 years of
age shall be taken into account in de-
termining the period of unlawful pres-
ence in the United States under
clause (i).
‘‘(II) ASYLEES.—No period of
time in which an alien has a bona fide
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application for asylum pending under
section 208 shall be taken into ac-
count in determining the period of un-
lawful presence in the United States
under clause (i) unless the alien dur-
ing such period was employed without
authorization in the United States.
‘‘(III) FAMILY
UNITY.—No pe-
riod of time in which the alien is a
beneficiary of family unity protection
pursuant to section 301 of the Immi-
gration 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 sub-
clause (III) of that paragraph.
‘‘(iv) TOLLING FOR GOOD CAUSE.—In
the case of an alien who—
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‘‘(I) has been lawfully admitted
or paroled into the United States,
‘‘(II) has filed a nonfrivolous ap-
plication 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 speci-
fied 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 citi-
zen 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 immi-
grant alien would result in extreme hard-
ship to the citizen or lawfully resident
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spouse or parent of such alien. No court
shall have jurisdiction to review a decision
or action by the Attorney General regard-
ing a waiver under this clause.
‘‘(C) 
ALIENS
UNLAWFULLY
PRESENT
AFTER PREVIOUS IMMIGRATION VIOLATIONS.—
‘‘(i) IN GENERAL.—Any alien who—
‘‘(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 reembar-
kation at a place outside the United States
or attempt to be readmitted from a foreign
contiguous territory, the Attorney General
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has consented to the alien’s reapplying for
admission.’’.
(2) LIMITATION ON CHANGE OF STATUS.—Sec-
tion 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 BE-
FORE
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
ADMIS-
SION OR PAROLE.—
‘‘(i) IN GENERAL.—An alien present
in the United States without being admit-
ted or paroled, or who arrives in the Unit-
ed States at any time or place other than
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as designated by the Attorney General, is
inadmissible.
‘‘(ii) EXCEPTION FOR CERTAIN BAT-
TERED
WOMEN
AND
CHILDREN.—Clause
(i) shall not apply to an alien who dem-
onstrates that—
‘‘(I) the alien qualifies for immi-
grant 
status 
under 
subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1),
‘‘(II)(a) the alien has been bat-
tered or subjected to extreme cruelty
by a spouse or parent, or by a mem-
ber of the spouse’s or parent’s family
residing in the same household as the
alien and the spouse or parent con-
sented or acquiesced to such battery
or cruelty, 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
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spouse or parent consented to or ac-
quiesced in such battery or cruelty
and the alien did not actively partici-
pate in such battery or cruelty, and
‘‘(III) there was a substantial
connection between the battery or cru-
elty described in subclause (I) or (II)
and the alien’s unlawful entry into the
United States.
‘‘(B) FAILURE TO ATTEND REMOVAL PRO-
CEEDING.—Any alien who without reasonable
cause fails or refuses to attend or remain in at-
tendance 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 Im-
migration and Nationality Act, as inserted by para-
graph (1), shall not apply to an alien who dem-
onstrates that the alien first arrived in the United
States before the title III–A effective date (described
in section 309(a) of this division).
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(d) ADJUSTMENT
IN
GROUNDS
FOR
DEPORTA-
TION.—Section 241 (8 U.S.C. 1251), before redesignation
as section 237 by section 305(a)(2) of this division, is
amended—
(1) in the matter before paragraph (1) of sub-
section (a), by striking ‘‘in the United States’’ and
inserting ‘‘in and admitted to the United States’’;
(2) in subsection (a)(1), by striking ‘‘EXCLUD-
ABLE’’ each place it appears and inserting ‘‘INAD-
MISSIBLE’’;
(3) in subsection (a)(1)(A), by striking ‘‘exclud-
able’’ and inserting ‘‘inadmissible’’; and
(4) by amending subparagraph (B) of sub-
section (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; REFER-
RAL FOR HEARING (REVISED SECTION 235).
(a) IN GENERAL.—Section 235 (8 U.S.C. 1225) is
amended to read as follows:
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‘‘INSPECTION
BY
IMMIGRATION
OFFICERS; EXPEDITED
REMOVAL OF INADMISSIBLE ARRIVING ALIENS; RE-
FERRAL FOR HEARING
‘‘SEC. 235. (a) INSPECTION.—
‘‘(1) ALIENS TREATED AS APPLICANTS FOR AD-
MISSION.—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 ad-
mission.
‘‘(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 in-
spection by an immigration officer. Upon such in-
spection if the alien indicates an intention to apply
for asylum under section 208 or a fear of persecu-
tion, 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
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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 other-
wise seeking admission or readmission to or transit
through the United States shall be inspected by im-
migration officers.
‘‘(4) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.—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 admis-
sion may be required to state under oath any infor-
mation sought by an immigration officer regarding
the purposes and intentions of the applicant in seek-
ing 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.—
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‘‘(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 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 inadmis-
sible 
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 per-
secution.
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien
(other than an alien described in subpara-
graph (F)) who is arriving in the United
States or is described in clause (iii) is in-
admissible 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
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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 At-
torney General and may be modified
at any time.
‘‘(II) ALIENS
DESCRIBED.—An
alien described in this clause is an
alien who is not described in subpara-
graph (F), who has not been admitted
or paroled into the United States, and
who has not affirmatively shown, to
the satisfaction of an immigration of-
ficer, that the alien has been phys-
ically present in the United States
continuously for the 2-year period im-
mediately prior to the date of the de-
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termination of inadmissibility under
this subparagraph.
‘‘(B) ASYLUM INTERVIEWS.—
‘‘(i) CONDUCT
BY
ASYLUM
OFFI-
CERS.—An asylum officer shall conduct
interviews of aliens referred under sub-
paragraph (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 PERSE-
CUTION.—
‘‘(I) IN
GENERAL.—Subject to
subclause (III), if the officer deter-
mines that an alien does not have a
credible fear of persecution, the officer
shall order the alien removed from the
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United States without further hearing
or review.
‘‘(II) RECORD
OF
DETERMINA-
TION.—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 offi-
cer’s interview notes shall be attached
to the written summary.
‘‘(III) REVIEW
OF
DETERMINA-
TION.—The Attorney General shall
provide by regulation and upon the
alien’s request for prompt review by
an immigration judge of a determina-
tion under subclause (I) that the alien
does not have a credible fear of perse-
cution. Such review shall include an
opportunity for the alien to be heard
and questioned by the immigration
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judge, either in person or by tele-
phonic or video connection. Review
shall be concluded as expeditiously as
possible, to the maximum extent prac-
ticable within 24 hours, but in no case
later than 7 days after the date of the
determination under subclause (I).
‘‘(IV) 
MANDATORY
DETEN-
TION.—Any alien subject to the proce-
dures under this clause shall be de-
tained pending a final determination
of credible fear of persecution and, if
found not to have such a fear, until
removed.
‘‘(iv) INFORMATION
ABOUT
INTER-
VIEWS.—The Attorney General shall pro-
vide 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 there-
of, according to regulations prescribed by
the Attorney General. Such consultation
shall be at no expense to the Government
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and shall not unreasonably delay the proc-
ess.
‘‘(v) CREDIBLE
FEAR
OF
PERSECU-
TION DEFINED.—For purposes of this sub-
paragraph, the term ‘credible fear of perse-
cution’ means that there is a significant
possibility, taking into account the credibil-
ity 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 RE-
VIEW.—Except as provided in subparagraph
(B)(iii)(III), a removal order entered in accord-
ance with subparagraph (A)(i) or (B)(iii)(I) is
not subject to administrative appeal, except
that the Attorney General shall provide by reg-
ulation for prompt review of such an order
under subparagraph (A)(i) against an alien who
claims under oath, or as permitted under pen-
alty 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 ad-
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mitted 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 attack-
ing 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 offi-
cer’ means an immigration officer who—
‘‘(i) has had professional training in
country conditions, asylum law, and inter-
view techniques comparable to that pro-
vided to full-time adjudicators of applica-
tions under section 208, and
‘‘(ii) is supervised by an officer who
meets the condition described in clause (i)
and has had substantial experience adju-
dicating 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
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not have full diplomatic relations and who ar-
rives by aircraft at a port of entry.
‘‘(2) INSPECTION OF OTHER ALIENS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (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 des-
ignated 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.
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‘‘(3) CHALLENGE OF DECISION.—The decision
of the examining immigration officer, if favorable to
the admission of any alien, shall be subject to chal-
lenge by any other immigration officer and such
challenge shall operate to take the alien whose privi-
lege to be admitted is so challenged, before an immi-
gration judge for a proceeding under section 240.
‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECU-
RITY 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 At-
torney 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—
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‘‘(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 se-
curity agencies of the United States Govern-
ment, concludes that disclosure of the informa-
tion 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 immigra-
tion judge.
‘‘(C) If the Attorney General does not order the
removal of the alien under subparagraph (B), the
Attorney General shall specify the further inquiry or
hearing that shall be conducted in the case.
‘‘(3) SUBMISSION OF STATEMENT AND INFOR-
MATION.—The alien or the alien’s representative
may submit a written statement and additional in-
formation 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 con-
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veyance 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 offi-
cers are authorized to order an owner, agent, mas-
ter, 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 CONSID-
ERATION OF EVIDENCE.—The Attorney General and
any immigration officer shall have power to admin-
ister 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 Unit-
ed States or concerning any matter which is mate-
rial and relevant to the enforcement of this Act and
the administration of the Service.
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‘‘(4) SUBPOENA AUTHORITY.—(A) The Attor-
ney 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, reen-
ter, reside in, or pass through the United States or
concerning any matter which is material and rel-
evant to the enforcement of this Act and the admin-
istration 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 immigra-
tion 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 RE-
MOVAL PROCEDURES.—
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(1) STUDY.—The Comptroller General shall
conduct a study on the implementation of the expe-
dited 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 re-
sources saved as a result of the procedures,
(C) the administrative and other costs ex-
pended to comply with the provision,
(D) the effectiveness of such procedures in
processing asylum claims by undocumented
aliens who assert a fear of persecution, includ-
ing the accuracy of credible fear determina-
tions, 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).
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SEC. 303. APPREHENSION AND DETENTION OF ALIENS (RE-
VISED 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 RE-
LEASE.—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 pre-
scribed by, the Attorney General; or
‘‘(B) conditional parole; but
‘‘(3) may not provide the alien with work au-
thorization (including an ‘employment authorized’
endorsement or other appropriate work permit), un-
less the alien is lawfully admitted for permanent res-
idence or otherwise would (without regard to re-
moval proceedings) be provided such authorization.
‘‘(b) REVOCATION OF BOND OR PAROLE.—The At-
torney General at any time may revoke a bond or parole
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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),
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 re-
lease an alien described in paragraph (1) only if the
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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 cooperat-
ing with an investigation into major criminal activ-
ity, or an immediate family member or close associ-
ate of a witness, potential witness, or person cooper-
ating with such an investigation, and the alien satis-
fies the Attorney General that the alien will not pose
a danger to the safety of other persons or of prop-
erty and is likely to appear for any scheduled pro-
ceeding. A decision relating to such release shall
take place in accordance with a procedure that con-
siders the severity of the offense committed by the
alien.
‘‘(d) IDENTIFICATION
OF CRIMINAL ALIENS.—(1)
The Attorney General shall devise and implement a sys-
tem—
‘‘(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 em-
ployees of the Service to serve as a liaison to Fed-
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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 de-
scribed 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