1570
HR 4278 CPH
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), are
each amended by striking ‘‘106’’ and inserting
‘‘242’’.
(B) 
Sections 
210(e)(3)(A) 
and
245A(f)(4)(A) 
(8 
U.S.C. 
1160(e)(3)(A),
1255a(f)(4)(A)) are amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘106’’.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), is
amended by striking ‘‘106(a)(1)’’ and inserting
‘‘242(b)(1)’’.
(3) REFERENCES TO SECTION 236.—
(A) Sections 205 and 209(a)(1) (8 U.S.C.
1155, 1159(a)(1)) are each amended by strik-
ing ‘‘236’’ and inserting ‘‘240’’.
(B) Section 4113(c) of title 18, United
States Code, is amended by striking ‘‘1226 of
title 8, United States Code’’ and inserting ‘‘240
of the Immigration and Nationality Act’’.
(4) REFERENCES TO SECTION 237.—
1571
HR 4278 CPH
(A) 
Section 
209(a)(1) 
(8 
U.S.C.
1159(a)(1)) is amended by striking ‘‘237’’ and
inserting ‘‘241’’.
(B) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)) is amended by striking ‘‘237(a)’’
and inserting ‘‘241(c)’’.
(C) Section 280(a) (8 U.S.C. 1330(a)) is
amended by striking ‘‘237, 239, 243’’ and in-
serting ‘‘234, 243(c)(2)’’.
(5) REFERENCES TO SECTION 242.—
(A)(i) 
Sections 
214(d), 
252(b), 
and
287(f)(1) 
(8 
U.S.C. 
1184(d), 
1282(b),
1357(f)(1)) are each amended by striking
‘‘242’’ and inserting ‘‘240’’.
(ii) Subsection (c)(4) of section 242A (8
U.S.C. 
1252a), 
as 
amended 
by 
section
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), are
each amended by striking ‘‘242’’ and inserting
‘‘240’’.
(iii) Section 245A(a)(1)(B) (8 U.S.C.
1255a(a)(1)(B)) is amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘242’’.
(iv) Section 4113 of title 18, United States
Code, is amended—
1572
HR 4278 CPH
(I) in subsection (a), by striking ‘‘sec-
tion 1252(b) or section 1254(e) of title 8,
United States Code,’’ and inserting ‘‘sec-
tion 240B of the Immigration and Nation-
ality Act’’; and
(II) in subsection (b), by striking
‘‘section 1252 of title 8, United States
Code,’’ and inserting ‘‘section 240 of the
Immigration and Nationality Act’’.
(B) Section 130002(a) of Public Law 103–
322, as amended by section 345 of this division,
is amended by striking ‘‘242(a)(3)(A)’’ and in-
serting ‘‘236(d)’’.
(C) 
Section 
242A(b)(1) 
(8 
U.S.C.
1252a(b)(1)), before redesignation as section
238 by section 308(b)(5) of this division, is
amended by striking ‘‘242(b)’’ and inserting
‘‘240’’.
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section
671(b)(13) of this division but before redesigna-
tion as section 238 by subsection (b)(5), is
amended by striking ‘‘242(b)’’ and inserting
‘‘240’’.
1573
HR 4278 CPH
(E) Section 1821(e) of title 28, United
States Code, is amended by striking ‘‘242(b)’’
and inserting ‘‘240’’.
(F) Section 130007(a) of Public Law 103–
322 is amended by striking ‘‘242(i)’’ and in-
serting ‘‘239(d)’’.
(G) Section 20301(c) of Public Law 103–
322 is amended by striking ‘‘242(j)(5)’’ and
‘‘242(j)’’ 
and 
inserting 
‘‘241(h)(5)’’ 
and
‘‘241(h)’’, respectively.
(6) REFERENCES TO SECTION 242B.—
(A) Section 303(d)(2) of the Immigration
Act of 1990 is amended by striking ‘‘242B’’
and inserting ‘‘240(b)(5)’’.
(B) Section 545(g)(1)(B) of the Immigra-
tion Act of 1990 is amended by striking
‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.
(7) REFERENCES TO SECTION 243.—
(A) Section 214(d) (8 U.S.C. 1184(d)) is
amended by striking ‘‘243’’ and inserting
‘‘241’’.
(B) 
Section 
504(k)(2) 
(8 
U.S.C.
1534(k)(2)) is amended by striking ‘‘withhold-
ing of deportation under section 243(h)’’ and
1574
HR 4278 CPH
inserting ‘‘by withholding of removal under sec-
tion 241(b)(3)’’.
(C)(i) Section 315(c) of the Immigration
Reform and Control Act of 1986 is amended by
striking ‘‘243(g)’’ and ‘‘1253(g)’’and inserting
‘‘243(d)’’ and ‘‘1253(d)’’ respectively.
(ii) Section 702(b) of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(iii) Section 903(b) of Public Law 100–204
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(D)(i) Section 6(f)(2)(F) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is
amended by striking ‘‘243(h)’’ and inserting
‘‘241(b)(3)’’.
(ii) Section 214(a)(5) of the Housing and
Community Development Act of 1980 (42
U.S.C. 1436a(a)(5)) is amended by striking
‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.
(E)(i) Subsection (c)(2)(B)(ii) of section
244A (8 U.S.C. 1254a), before redesignated as
section 244 by section 308(b)(7), is amended by
1575
HR 4278 CPH
striking 
‘‘243(h)(2)’’ 
and 
inserting
‘‘208(b)(2)(A)’’.
(ii) Section 301(e)(2) of the Immigration
Act 
of 
1990 
is 
amended 
by 
striking
‘‘243(h)(2)’’ and inserting ‘‘208(b)(2)(A)’’.
(F) Section 316(f) (8 U.S.C. 1427(f)) is
amended 
by 
striking 
‘‘subparagraphs 
(A)
through (D) of paragraph 243(h)(2)’’ and in-
serting ‘‘clauses (i) through (v) of section
208(b)(2)(A)’’.
(8) REFERENCES TO SECTION 244.—
(A)(i) Section 201(b)(1)(D) (8 U.S.C.
1151(b)(1)(D)) and subsection (e) of section
244A (8 U.S.C. 1254a), before redesignation as
section 244 by section 308(b)(7) of this divi-
sion, are each amended by striking ‘‘244(a)’’
and inserting ‘‘240A(a)’’.
(ii) Section 304(c)(1)(B) of the Miscellane-
ous and Technical Immigration and Naturaliza-
tion Amendments of 1991 (Public Law 102–
232) is amended by striking ‘‘244(a)’’ and in-
serting ‘‘240A(a)’’.
(B) 
Section 
504(k)(3) 
(8 
U.S.C.
1534(k)(3)) is amended by striking ‘‘suspension
of deportation under subsection (a) or (e) of
1576
HR 4278 CPH
section 244’’ and inserting ‘‘cancellation of re-
moval under section 240A’’.
(C) Section 304(c)(1)(B) of the Miscellane-
ous and Technical Immigration and Naturaliza-
tion Amendments of 1991 (Public Law 102–
232) is amended by striking ‘‘244(b)(2)’’ and
inserting ‘‘240A(b)(2)’’.
(D) Section 364(a)(2) of this division is
amended by striking ‘‘244(a)(3)’’ and inserting
‘‘240A(a)(3)’’.
(E) Section 431(c)(1)(B)(iii) of the Per-
sonal Responsibility and Work Opportunity
Reconciliation Act of 1996, as added by section
501 of this division, is amended by striking
‘‘suspension of deportation and adjustment of
status pursuant to section 244(a)(3) of such
Act’’ and inserting ‘‘cancellation of removal
under section 240A of such Act’’.
(9) REFERENCES TO CHAPTER 5.—
(A) Sections 266(b), 266(c), and 291 (8
U.S.C. 1306(b), 1306(c), 1361) are each
amended by striking ‘‘chapter 5’’ and inserting
‘‘chapter 4’’.
(B) Section 6(b) of the Act of August 1,
1956 (50 U.S.C. 855(b)) is amended by strik-
1577
HR 4278 CPH
ing ‘‘chapter 5, title II, of the Immigration and
Nationality Act (66 Stat. 163)’’ and inserting
‘‘chapter 4 of title II of the Immigration and
Nationality Act’’.
(10) MISCELLANEOUS CROSS-REFERENCE COR-
RECTIONS FOR NEWLY ADDED PROVISIONS.—
(A) Section 212(h), as amended by section
301(h) of this division, is amended by striking
‘‘section 212(c)’’ and inserting ‘‘paragraphs (1)
and (2) of section 240A(a)’’.
(B) Section 245(c)(6), as amended by sec-
tion 332(d) of this division, is amended by
striking 
‘‘241(a)(4)(B)’’ 
and 
inserting
‘‘237(a)(4)(B)’’.
(C) Section 249(d), as amended by section
332(e) of this division, is amended by striking
‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.
(D) Section 274C(d)(7), as added by sec-
tion 212(d) of this division, is amended by
striking ‘‘withholding of deportation under sec-
tion 243(h)’’ and inserting ‘‘withholding of re-
moval under section 241(b)(3)’’.
(E) Section 3563(b)(21) of title 18, United
States Code, as inserted by section 374(b) of
1579
HR 4278 CPH
ments made by this subtitle shall take effect on the first
day of the first month beginning more than 180 days after
the date of the enactment of this Act (in this title referred
to as the ‘‘title III–A effective date’’).
(b) PROMULGATION OF REGULATIONS.—The Attor-
ney General shall first promulgate regulations to carry out
this subtitle by not later than 30 days before the title III–
A effective date.
(c) TRANSITION FOR ALIENS IN PROCEEDINGS.—
(1) GENERAL RULE THAT NEW RULES DO NOT
APPLY.—Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclu-
sion or deportation proceedings as of the title III–
A effective date—
(A) the amendments made by this subtitle
shall not apply, and
(B) the proceedings (including judicial re-
view thereof) shall continue to be conducted
without regard to such amendments.
(2) ATTORNEY GENERAL OPTION TO ELECT TO
APPLY NEW PROCEDURES.—In a case described in
paragraph (1) in which an evidentiary hearing under
section 236 or 242 and 242B of the Immigration
and Nationality Act has not commenced as of the
title III–A effective date, the Attorney General may
1580
HR 4278 CPH
elect to proceed under chapter 4 of title II of such
Act (as amended by this subtitle). The Attorney
General shall provide notice of such election to the
alien involved not later than 30 days before the date
any evidentiary hearing is commenced. If the Attor-
ney General makes such election, the notice of hear-
ing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided
under section 239 of such Act (as amended by this
subtitle) to confer jurisdiction on the immigration
judge.
(3) ATTORNEY
GENERAL
OPTION
TO
TERMI-
NATE AND REINITIATE PROCEEDINGS.—In the case
described in paragraph (1), the Attorney General
may elect to terminate proceedings in which there
has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by
this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated
proceeding.
(4) TRANSITIONAL CHANGES IN JUDICIAL RE-
VIEW.—In the case described in paragraph (1) in
which a final order of exclusion or deportation is en-
tered more than 30 days after the date of the enact-
1581
HR 4278 CPH
ment of this Act, notwithstanding any provision of
section 106 of the Immigration and Nationality Act
(as in effect as of the date of the enactment of this
Act) to the contrary—
(A) in the case of judicial review of a final
order of exclusion, subsection (b) of such sec-
tion shall not apply and the action for judicial
review shall be governed by the provisions of
subsections (a) and (c) of such in the same
manner as they apply to judicial review of or-
ders of deportation;
(B) a court may not order the taking of
additional evidence under section 2347(c) of
title 28, United States Code;
(C) the petition for judicial review must be
filed not later than 30 days after the date of
the final order of exclusion or deportation;
(D) the petition for review shall be filed
with the court of appeals for the judicial circuit
in which the administrative proceedings before
the special inquiry officer or immigration judge
were completed;
(E) there shall be no appeal of any discre-
tionary decision under section 212(c), 212(h),
212(i), 244, or 245 of the Immigration and Na-
1582
HR 4278 CPH
tionality Act (as in effect as of the date of the
enactment of this Act);
(F) service of the petition for review shall
not stay the deportation of an alien pending the
court’s decision on the petition, unless the court
orders otherwise; and
(G) there shall be no appeal permitted in
the case of an alien who is inadmissible or de-
portable by reason of having committed a crimi-
nal offense covered in section 212(a)(2) or sec-
tion 241(a)(2)(A)(iii), (B), (C), or (D) of the
Immigration and Nationality Act (as in effect
as of the date of the enactment of this Act), or
any offense covered by section 241(a)(2)(A)(ii)
of such Act (as in effect on such date) for
which both predicate offenses are, without re-
gard to their date of commission, otherwise cov-
ered by section 241(a)(2)(A)(i) of such Act (as
so in effect).
(5) TRANSITIONAL
RULE
WITH
REGARD
TO
SUSPENSION
OF
DEPORTATION.—Paragraphs (1)
and (2) of section 240A(d) of the Immigration and
Nationality Act (relating to continuous residence or
physical presence) shall apply to notices to appear
1583
HR 4278 CPH
issued before, on, or after the date of the enactment
of this Act.
(6) TRANSITION FOR CERTAIN FAMILY UNITY
ALIENS.—The Attorney General may waive the ap-
plication of section 212(a)(9) of the Immigration
and Nationality Act, as inserted by section
301(b)(1) of this division, in the case of an alien
who is provided benefits under the provisions of sec-
tion 301 of the Immigration Act of 1990 (relating
to family unity).
(7) LIMITATION ON SUSPENSION OF DEPORTA-
TION.—The Attorney General may not suspend the
deportation and adjust the status under section 244
of the Immigration and Nationality Act of more
than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous
sentence shall apply regardless of when an alien ap-
plied for such suspension and adjustment.
(d) TRANSITIONAL REFERENCES.—For purposes of
carrying out the Immigration and Nationality Act, as
amended by this subtitle—
(1) any reference in section 212(a)(1)(A) of
such Act to the term ‘‘inadmissible’’ is deemed to in-
clude a reference to the term ‘‘excludable’’, and
1584
HR 4278 CPH
(2) any reference in law to an order of removal
shall be deemed to include a reference to an order
of exclusion and deportation or an order of deporta-
tion.
(e) TRANSITION.—No period of time before the date
of the enactment of this Act shall be included in the period
of 1 year described in section 212(a)(6)(B)(i) of the Immi-
gration and Nationality Act (as amended by section 301(c)
of this division).
Subtitle B—Criminal Alien
Provisions
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.
1101(a)(43)), as amended by section 441(e) of the
Antiterrorism and Effective Death Penalty Act of 1996
(P.L. 104–132), is amended—
(1) in subparagraph (A), by inserting ‘‘, rape,
or sexual abuse of a minor’’ after ‘‘murder’’;
(2) 
in 
subparagraph 
(D), 
by 
striking
‘‘$100,000’’ and inserting ‘‘$10,000’’;
(3) in subparagraphs (F), (G), (N), and (P), by
striking ‘‘is at least 5 years’’ each place it appears
and inserting ‘‘at least one year’’;
1585
HR 4278 CPH
(4) in subparagraph (J), by striking ‘‘sentence
of 5 years’ imprisonment’’ and inserting ‘‘sentence
of one year imprisonment’’;
(5) in subparagraph (K)(ii), by inserting ‘‘if
committed’’ before ‘‘for commercial advantage’’;
(6) in subparagraph (L)—
(A) by striking ‘‘or’’ at the end of clause
(i),
(B) by inserting ‘‘or’’ at the end of clause
(ii), and
(C) by adding at the end the following new
clause:
‘‘(iii) section 601 of the National Se-
curity Act of 1947 (relating to protecting
the identity of undercover agents);’’;
(7) 
in 
subparagraph 
(M), 
by 
striking
‘‘$200,000’’ each place it appears and inserting
‘‘$10,000’’;
(8) in subparagraph (N), by striking ‘‘for which
the term’’ and all that follows and inserting the fol-
lowing: ‘‘, except in the case of a first offense for
which the alien has affirmatively shown that the
alien committed the offense for the purpose of as-
sisting, abetting, or aiding only the alien’s spouse,
1586
HR 4278 CPH
child, or parent (and no other individual) to violate
a provision of this Act’’;
(9) in subparagraph (P), by striking ‘‘18
months’’ and inserting ‘‘12 months, except in the
case of a first offense for which the alien has affirm-
atively shown that the alien committed the offense
for the purpose of assisting, abetting, or aiding only
the alien’s spouse, child, or parent (and no other in-
dividual) to violate a provision of this Act’’;
(10) in subparagraph (R), by striking ‘‘for
which a sentence of 5 years’ imprisonment or more
may be imposed’’ and inserting ‘‘for which the term
of imprisonment is at least one year’’; and
(11) in subparagraph (S), by striking ‘‘for
which a sentence of 5 years’ imprisonment or more
may be imposed’’ and inserting ‘‘for which the term
of imprisonment is at least one year’’.
(b) EFFECTIVE
DATE
OF
DEFINITION.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding
at the end the following new sentence: ‘‘Notwithstanding
any other provision of law (including any effective date),
the term applies regardless of whether the conviction was
entered before, on, or after the date of enactment of this
paragraph.’’.
1587
HR 4278 CPH
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to actions taken on or after the
date of the enactment of this Act, regardless of when the
conviction occurred, and shall apply under section 276(b)
of the Immigration and Nationality Act only to violations
of section 276(a) of such Act occurring on or after such
date.
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IM-
PRISONMENT.
(a) DEFINITION.—
(1) IN
GENERAL.—Section 101(a) (8 U.S.C.
1101(a)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(48)(A) The term ‘conviction’ means, with respect
to an alien, a formal judgment of guilt of the alien entered
by a court or, if adjudication of guilt has been withheld,
where—
‘‘(i) a judge or jury has found the alien guilty
or the alien has entered a plea of guilty or nolo
contendere or has admitted sufficient facts to war-
rant a finding of guilt, and
‘‘(ii) the judge has ordered some form of pun-
ishment, penalty, or restraint on the alien’s liberty
to be imposed.
1588
HR 4278 CPH
‘‘(B) Any reference to a term of imprisonment or a
sentence with respect to an offense is deemed to include
the period of incarceration or confinement ordered by a
court of law regardless of any suspension of the imposition
or execution of that imprisonment or sentence in whole
or in part.’’.
(2) CONFORMING AMENDMENTS.—
(A) 
Section 
101(a)(43) 
(8 
U.S.C.
1101(a)(43)) is amended by striking ‘‘imposed
(regardless of any suspension of imprison-
ment)’’ each place it appears in subparagraphs
(F), (G), (N), and (P).
(B) 
Section 
212(a)(2)(B) 
(8 
U.S.C.
1182(a)(2)(B)) is amended by striking ‘‘actu-
ally imposed’’.
(b) REFERENCE TO PROOF PROVISIONS.—For provi-
sions relating to proof of convictions, see subparagraphs
(B) and (C) of section 240(c)(3) of the Immigration and
Nationality Act, as inserted by section 304(a)(3) of this
division.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to convictions and sentences en-
tered before, on, or after the date of the enactment of this
Act. Subparagraphs (B) and (C) of section 240(c)(3) of
the Immigration and Nationality Act, as inserted by sec-
1589
HR 4278 CPH
tion 304(a)(3) of this division, shall apply to proving such
convictions.
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by
striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or
have been on criminal probation or criminal parole within
the United States, and (6)’’.
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.
(a) IN GENERAL.—Section 276(a)(1) (8 U.S.C.
1326(a)(1)) is amended to read as follows:
‘‘(1) has been arrested and deported, has been
excluded and deported, or has departed the United
States while an order of exclusion or deportation is
outstanding, and thereafter’’.
(b) TREATMENT OF STIPULATIONS.—The last sen-
tence of section 276(b) (8 U.S.C. 1326(b)) is amended by
inserting ‘‘(or not during)’’ after ‘‘during’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to departures that occurred be-
fore, on, or after the date of the enactment of this Act,
but only with respect to entries (and attempted entries)
occurring on or after such date.
1590
HR 4278 CPH
SEC. 325. CHANGE IN FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is
amended—
(1) in the first undesignated paragraph of sub-
section (a)—
(A) by striking ‘‘alien’’ each place it ap-
pears;
(B) by inserting after ‘‘individual’’ the first
place it appears the following: ‘‘, knowing or in
reckless disregard of the fact that the individual
is an alien’’; and
(C) by striking ‘‘within three years after
that individual has entered the United States
from any country, party to the arrangement
adopted July 25, 1902, for the suppression of
the white-slave traffic’’;
(2) in the second undesignated paragraph of
subsection (a)—
(A) by striking ‘‘thirty’’ and inserting ‘‘five
business’’; and
(B) by striking ‘‘within three years after
that individual has entered the United States
from any country, party to the said arrange-
ment for the suppression of the white-slave
traffic,’’; and
1591
HR 4278 CPH
(3) in the text following the third undesignated
paragraph of subsection (a), by striking ‘‘two’’ and
inserting ‘‘10’’.
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law
103–322), as amended by section 432 of Public Law 104–
132, is amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act operate a criminal alien identification sys-
tem. The criminal alien identification system shall be used
to assist Federal, State, and local law enforcement agen-
cies in identifying and locating aliens who may be subject
to removal by reason of their conviction of aggravated felo-
nies, subject to prosecution under section 275 of such Act,
not lawfully present in the United States, or otherwise re-
movable. Such system shall include providing for recording
of fingerprint records of aliens who have been previously
arrested and removed into appropriate automated finger-
print identification systems.’’.
1592
HR 4278 CPH
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACK-
ING CENTER.
Section 130002(b) of the Violent Crime Control and
Law Enforcement Act of 1994 (8 U.S.C. 1252 note) is
amended—
(1) by inserting ‘‘and’’ after ‘‘1996;’’, and
(2) by striking paragraph (2) and all that fol-
lows through the period at the end and inserting the
following:
‘‘(2) $5,000,000 for each of fiscal years 1997
through 2001.’’.
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM.
(a) MODIFICATION OF AUTHORITY.—
(1) IN GENERAL.—Section 241(i), as redesig-
nated by section 306(a)(1) of this division, is
amended—
(A) in paragraph (3)(A), by striking ‘‘fel-
ony and sentenced to a term of imprisonment’’
and inserting ‘‘felony or two or more mis-
demeanors’’, and
(B) by adding at the end the following new
paragraph:
‘‘(6) To the extent of available appropriations,
funds otherwise made available under this section
with respect to a State (or political subdivision, in-
1593
HR 4278 CPH
cluding a municipality) for incarceration of an un-
documented criminal alien may, at the discretion of
the recipient of the funds, be used for the costs of
imprisonment of such alien in a State, local, or mu-
nicipal prison or jail.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply beginning with fiscal
year 1997.
(b) SENSE OF THE CONGRESS WITH RESPECT TO
PROGRAM.—
(1) FINDINGS.—The Congress finds as follows:
(A) Of the $130,000,000 appropriated in
fiscal year 1995 for the State Criminal Alien
Assistance Program, the Department of Justice
disbursed the first $43,000,000 to States on
October 6, 1994, 32 days before the 1994 gen-
eral election, and then failed to disburse the re-
maining $87,000,000 until January 31, 1996,
123 days after the end of fiscal year 1995.
(B) While H.R. 2880, the continuing ap-
propriation measure funding certain operations
of the Federal Government from January 26,
1996 to March 15, 1996, included $66,000,000
to reimburse States for the cost of incarcerating
documented illegal immigrant felons, the De-
1594
HR 4278 CPH
partment of Justice failed to disburse any of
the funds to the States during the period of the
continuing appropriation.
(2) SENSE OF THE CONGRESS.—It is the sense
of the Congress that—
(A) the Department of Justice was dis-
turbingly slow in disbursing fiscal year 1995
funds under the State Criminal Alien Assist-
ance Program to States after the initial grants
were released just prior to the 1994 election;
and
(B) the Attorney General should make it a
high priority to expedite the disbursement of
Federal funds intended to reimburse States for
the cost of incarcerating illegal immigrants,
aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal
year for which they are appropriated.
SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION
OF ILLEGAL ALIENS IN INCARCERATION FA-
CILITY OF ANAHEIM, CALIFORNIA.
(a) AUTHORITY.—The Attorney General shall con-
duct a project demonstrating the feasibility of identifying,
from among the individuals who are incarcerated in local
governmental prison facilities prior to arraignment on
1595
HR 4278 CPH
criminal charges, those individuals who are aliens unlaw-
fully present in the United States.
(b) DESCRIPTION OF PROJECT.—The project author-
ized by subsection (a) shall include—
(1) the detail to incarceration facilities within
the city of Anaheim, California and the county of
Ventura, California, of an employee of the Immigra-
tion and Naturalization Service who has expertise in
the identification of aliens unlawfully in the United
States, and
(2) provision of funds sufficient to provide
for—
(A) access for such employee to records of
the Service necessary to identify such aliens,
and
(B) in the case of an individual identified
as such an alien, pre-arraignment reporting to
the court regarding the Service’s intention to
remove the alien from the United States.
(c) TERMINATION.—The authority under this section
shall cease to be effective 6 months after the date of the
enactment of this Act.
SEC. 330. PRISONER TRANSFER TREATIES.
(a) NEGOTIATIONS WITH OTHER COUNTRIES.—(1)
Congress advises the President to begin to negotiate and
1597
HR 4278 CPH
oned and the length of time the alien is actually incarcer-
ated in the foreign country under such a treaty.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that—
(1) the focus of negotiations for such agree-
ments should be—
(A) to expedite the transfer of aliens un-
lawfully in the United States who are (or are
about to be) incarcerated in United States pris-
ons,
(B) to ensure that a transferred prisoner
serves the balance of the sentence imposed by
the United States courts,
(C) to eliminate any requirement of pris-
oner consent to such a transfer, and
(D) to allow the Federal Government or
the States to keep their original prison sen-
tences in force so that transferred prisoners
who return to the United States prior to the
completion of their original United States sen-
tences can be returned to custody for the bal-
ance of their prison sentences;
(2) the Secretary of State should give priority
to concluding an agreement with any country for
which the President determines that the number of
1598
HR 4278 CPH
aliens described in subsection (a) who are nationals
of that country in the United States represents a
significant percentage of all such aliens in the Unit-
ed States; and
(3) no new treaty providing for the transfer of
aliens from Federal, State, or local incarceration fa-
cilities to a foreign incarceration facility should per-
mit the alien to refuse the transfer.
(c) PRISONER
CONSENT.—Notwithstanding any
other provision of law, except as required by treaty, the
transfer of an alien from a Federal, State, or local incar-
ceration facility under an agreement of the type referred
to in subsection (a) shall not require consent of the alien.
(d) ANNUAL REPORT.—Not later than 90 days after
the date of the enactment of this Act, and annually there-
after, the Attorney General shall submit a report to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate stating whether each prisoner
transfer treaty to which the United States is a party has
been effective in the preceding 12 months in bringing
about the return of deportable incarcerated aliens to the
country of which they are nationals and in ensuring that
they serve the balance of their sentences.
(e) TRAINING FOREIGN LAW ENFORCEMENT PER-
SONNEL.—(1) Subject to paragraph (2), the President
1599
HR 4278 CPH
shall direct the Border Patrol Academy and the Customs
Service Academy to enroll for training an appropriate
number of foreign law enforcement personnel, and shall
make appointments of foreign law enforcement personnel
to such academies, as necessary to further the following
United States law enforcement goals:
(A) Preventing of drug smuggling and other
cross-border criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into
the United States (including goods the sale of which
is illegal in the United States, the entry of which
would cause a quota to be exceeded, or the appro-
priate duty or tariff for which has not been paid).
(2) The appointments described in paragraph (1)
shall be made only to the extent there is capacity in such
academies beyond what is required to train United States
citizens needed in the Border Patrol and Customs Service,
and only of personnel from a country with which the pris-
oner transfer treaty has been stated to be effective in the
most recent report referred to in subsection (d).
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
1600
HR 4278 CPH
SEC. 331. PRISONER TRANSFER TREATIES STUDY.
(a) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of State and the Attorney General shall submit to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate a report that describes the use
and effectiveness of the prisoner transfer treaties with the
three countries with the greatest number of their nationals
incarcerated in the United States in removing from the
United States such incarcerated nationals.
(b) USE OF TREATY.—The report under subsection
(a) shall include—
(1) the number of aliens convicted of a criminal
offense in the United States since November 30,
1977, who would have been or are eligible for trans-
fer pursuant to the treaties;
(2) the number of aliens described in paragraph
(1) who have been transferred pursuant to the trea-
ties;
(3) the number of aliens described in paragraph
(2) who have been incarcerated in full compliance
with the treaties;
(4) the number of aliens who are incarcerated
in a penal institution in the United States who are
eligible for transfer pursuant to the treaties; and
1601
HR 4278 CPH
(5) the number of aliens described in paragraph
(4) who are incarcerated in Federal, State, and local
penal institutions in the United States.
(c) RECOMMENDATIONS.—The report under sub-
section (a) shall include the recommendations of the Sec-
retary of State and the Attorney General to increase the
effectiveness and use of, and full compliance with, the
treaties. In considering the recommendations under this
subsection, the Secretary and the Attorney General shall
consult with such State and local officials in areas dis-
proportionately impacted by aliens convicted of criminal
offenses as the Secretary and the Attorney General con-
sider appropriate. Such recommendations shall address—
(1) changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed criminal
offenses in the United States;
(2) changes in State and local laws, regulations,
and policies affecting the identification, prosecution,
and deportation of aliens who have committed a
criminal offense in the United States;
(3) changes in the treaties that may be nec-
essary to increase the number of aliens convicted of
criminal offenses who may be transferred pursuant
to the treaties;
1602
HR 4278 CPH
(4) methods for preventing the unlawful reentry
into the United States of aliens who have been con-
victed of criminal offenses in the United States and
transferred pursuant to the treaties;
(5) any recommendations by appropriate offi-
cials of the appropriate government agencies of such
countries regarding programs to achieve the goals
of, and ensure full compliance with, the treaties;
(6) whether the recommendations under this
subsection require the renegotiation of the treaties;
and
(7) the additional funds required to implement
each recommendation under this subsection.
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enact-
ment of this Act, and annually thereafter, the Attorney
General shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate a report
detailing—
(1) the number of illegal aliens incarcerated in
Federal and State prisons for having committed felo-
nies, stating the number incarcerated for each type
of offense;
(2) the number of illegal aliens convicted of
felonies in any Federal or State court, but not sen-
1603
HR 4278 CPH
tenced to incarceration, in the year before the report
was submitted, stating the number convicted for
each type of offense;
(3) programs and plans underway in the De-
partment of Justice to ensure the prompt removal
from the United States of criminal aliens subject to
removal; and
(4) methods for identifying and preventing the
unlawful reentry of aliens who have been convicted
of criminal offenses in the United States and re-
moved from the United States.
SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING
AN ALIEN TO COMMIT AN OFFENSE UNDER
THE CONTROLLED SUBSTANCES IMPORT AND
EXPORT ACT.
(a) REVIEW
OF GUIDELINES.—Not later than 6
months after the date of the enactment of this Act, the
United States Sentencing Commission shall conduct a re-
view of the guidelines applicable to an offender who con-
spires with, or aids or abets, a person who is not a citizen
or national of the United States in committing any offense
under section 1010 of the Controlled Substance Import
and Export Act (21 U.S.C. 960).
(b) REVISION OF GUIDELINES.—Following such re-
view, pursuant to section 994(p) of title 28, United States
1604
HR 4278 CPH
Code, the Commission shall promulgate sentencing guide-
lines or amend existing sentencing guidelines to ensure an
appropriately stringent sentence for such offenders.
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART,
ILLEGAL REENTRY, AND PASSPORT AND VISA
FRAUD.
(a) FAILING TO DEPART.—The United States Sen-
tencing Commission shall promptly promulgate, pursuant
to section 994 of title 28, United States Code, amend-
ments to the sentencing guidelines to make appropriate
increases in the base offense level for offenses under sec-
tion 242(e) and 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the
amendments made by section 130001 of the Violent Crime
Control and Law Enforcement Act of 1994.
(b) PASSPORT AND VISA OFFENSES.—The United
States Sentencing Commission shall promptly promulgate,
pursuant to section 994 of title 28, United States Code,
amendments to the sentencing guidelines to make appro-
priate increases in the base offense level for offenses under
chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime
Control and Law Enforcement Act of 1994.
1605
HR 4278 CPH
Subtitle C—Revision of Grounds
for Exclusion and Deportation
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IM-
MIGRANTS.
(a) IN GENERAL.—Section 212(a)(1)(A) (8 U.S.C.
1182(a)(1)(A)) is amended—
(1) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively, and
(2) by inserting after clause (i) the following
new clause:
‘‘(ii) who seeks admission as an immi-
grant, or who seeks adjustment of status
to the status of an alien lawfully admitted
for permanent residence, and who has
failed to present documentation of having
received vaccination against vaccine-pre-
ventable diseases, which shall include at
least the following diseases: mumps, mea-
sles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B and
hepatitis B, and any other vaccinations
against vaccine-preventable diseases rec-
ommended by the Advisory Committee for
Immunization Practices,’’.
1606
HR 4278 CPH
(b) WAIVER.—Section 212(g) (8 U.S.C. 1182(g)) is
amended by striking ‘‘, or’’ at the end of paragraph (1)
and all that follows and inserting a semicolon and the fol-
lowing:
‘‘in accordance with such terms, conditions, and con-
trols, if any, including the giving of bond, as the At-
torney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe;
‘‘(2) subsection (a)(1)(A)(ii) in the case of any
alien—
‘‘(A) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present docu-
mentation of previous vaccination,
‘‘(B) for whom a civil surgeon, medical of-
ficer, or panel physician (as those terms are de-
fined by section 34.2 of title 42 of the Code of
Federal Regulations) certifies, according to
such regulations as the Secretary of Health and
Human Services may prescribe, that such vac-
cination would not be medically appropriate, or
‘‘(C) under such circumstances as the At-
torney General provides by regulation, with re-
1607
HR 4278 CPH
spect to whom the requirement of such a vac-
cination would be contrary to the alien’s reli-
gious beliefs or moral convictions; or
‘‘(3) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to applications for im-
migrant visas or for adjustment of status filed after Sep-
tember 30, 1996.
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PRO-
VISION OF FALSE DOCUMENTATION TO TER-
RORISTS AS A BASIS FOR EXCLUSION FROM
THE UNITED STATES.
(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended—
(1) by redesignating subclauses (III) and (IV)
of clause (i) as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause
(i) the following new subclause:
1608
HR 4278 CPH
‘‘(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited terror-
ist activity,’’; and
(3) in clause (iii)(III), by inserting ‘‘documenta-
tion or’’ before ‘‘identification’’;
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to incitement regardless
of when it occurs.
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN
HEALTH-CARE WORKERS.
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amend-
ed—
(1) by redesignating subparagraph (C) as sub-
paragraph (D), and
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) UNCERTIFIED
FOREIGN
HEALTH-
CARE WORKERS.—Any alien who seeks to enter
the United States for the purpose of performing
labor as a health-care worker, other than a phy-
sician, is excludable unless the alien presents to
the consular officer, or, in the case of an ad-
justment of status, the Attorney General, a cer-
1609
HR 4278 CPH
tificate from the Commission on Graduates of
Foreign Nursing Schools, or a certificate from
an equivalent independent credentialing organi-
zation approved by the Attorney General in con-
sultation with the Secretary of Health and
Human Services, verifying that—
‘‘(i) the alien’s education, training, li-
cense, and experience—
‘‘(I) meet all applicable statutory
and regulatory requirements for entry
into the United States under the clas-
sification specified in the application;
‘‘(II) are comparable with that
required for an American health-care
worker of the same type; and
‘‘(III) are authentic and, in the
case of a license, unencumbered;
‘‘(ii) the alien has the level of com-
petence in oral and written English consid-
ered by the Secretary of Health and
Human Services, in consultation with the
Secretary of Education, to be appropriate
for health care work of the kind in which
the alien will be engaged, as shown by an
appropriate score on one or more nation-
1610
HR 4278 CPH
ally recognized, commercially available,
standardized assessments of the applicant’s
ability to speak and write; and
‘‘(iii) if a majority of States licensing
the profession in which the alien intends to
work recognize a test predicting the suc-
cess on the profession’s licensing or certifi-
cation examination, the alien has passed
such a test or has passed such an examina-
tion.
For purposes of clause (ii), determination of the
standardized tests required and of the minimum
scores that are appropriate are within the sole
discretion of the Secretary of Health and
Human Services and are not subject to further
administrative or judicial review.’’.
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED
STATES CITIZENSHIP.
(a) EXCLUSION OF ALIENS WHO HAVE FALSELY
CLAIMED
UNITED
STATES
CITIZENSHIP.—Section
212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended—
(1) by redesignating clause (ii) as clause (iii),
and
(2) by inserting after clause (i) the following
new clause:
1611
HR 4278 CPH
‘‘(ii) FALSELY
CLAIMING
CITIZEN-
SHIP.—Any alien who falsely represents, or
has falsely represented, himself or herself
to be a citizen of the United States for any
purpose or benefit under this Act (includ-
ing section 274A) or any other Federal or
State law is excludable.’’.
(b) DEPORTATION OF ALIENS WHO HAVE FALSELY
CLAIMED
UNITED
STATES
CITIZENSHIP.—Section
241(a)(3) (8 U.S.C. 1251(a)(3)) is amended by adding at
the end the following new subparagraph:
‘‘(D) FALSELY CLAIMING CITIZENSHIP.—
Any alien who falsely represents, or has falsely
represented, himself to be a citizen of the Unit-
ed States for any purpose or benefit under this
Act (including section 274A) or any Federal or
State law is deportable.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to representations made on or after
the date of the enactment of this Act.
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION
GROUND FOR CERTAIN SECTION 274C VIOLA-
TORS.
(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.
1182) is amended—
1614
HR 4278 CPH
General to grant or deny a waiver under
this clause.’’.
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA
ABUSERS.
(a) IN GENERAL.—Section 212(a)(6) (8 U.S.C.
1182(a)(6)) is amended by adding at the end the following
new subparagraph:
‘‘(G) STUDENT VISA ABUSERS.—An alien
who obtains the status of a nonimmigrant
under section 101(a)(15)(F)(i) and who violates
a term or condition of such status under section
214(l) is excludable until the alien has been
outside the United States for a continuous pe-
riod of 5 years after the date of the violation.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens who obtain the status
of a nonimmigrant under section 101(a)(15)(F) of the Im-
migration and Nationality Act after the end of the 60-
day period beginning on the date of the enactment of this
Act, including aliens whose status as such a nonimmigrant
is extended after the end of such period.
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY
VOTED.
(a) EXCLUSION
OF ALIENS WHO HAVE UNLAW-
FULLY
VOTED.—Section 
212(a)(10) 
(8 
U.S.C.
1615
HR 4278 CPH
1182(a)(10)), as redesignated by section 301(b) of this di-
vision, is amended by adding at the end the following new
subparagraph:
‘‘(D) UNLAWFUL VOTERS.—Any alien who
has voted in violation of any Federal, State, or
local constitutional provision, statute, ordi-
nance, or regulation is excludable.’’.
(b) DEPORTATION OF ALIENS WHO HAVE UNLAW-
FULLY VOTED.—Section 241(a) (8 U.S.C. 1251(a)), be-
fore redesignation by section 305(a)(2) of this division, is
amended by adding at the end the following new para-
graph:
‘‘(6) UNLAWFUL VOTERS.—Any alien who has
voted in violation of any Federal, State, or local con-
stitutional provision, statute, ordinance, or regula-
tion is deportable.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to voting occurring before, on, or
after the date of the enactment of this Act.
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF
CRIMES.
(a) IN
GENERAL.—Section 212(h) (8 U.S.C.
1182(h)) is amended by adding at the end the following:
‘‘No waiver shall be granted under this subsection in the
case of an alien who has previously been admitted to the
1616
HR 4278 CPH
United States as an alien lawfully admitted for permanent
residence if either since the date of such admission the
alien has been convicted of an aggravated felony or the
alien has not lawfully resided continuously in the United
States for a period of not less than 7 years immediately
preceding the date of initiation of proceedings to remove
the alien from the United States. No court shall have ju-
risdiction to review a decision of the Attorney General to
grant or deny a waiver under this subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be effective on the date of the enact-
ment of this Act and shall apply in the case of any alien
who is in exclusion or deportation proceedings as of such
date unless a final administrative order in such proceed-
ings has been entered as of such date.
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF IN-
ADMISSIBILITY FOR CERTAIN ALIEN.
Subsection (i) of section 212 (8 U.S.C. 1182) is
amended to read as follows:
‘‘(i)(1) The Attorney General may, in the discretion
of the Attorney General, waive the application of clause
(i) of subsection (a)(6)(C) in the case of an immigrant
who is the spouse, son, or daughter of a United States
citizen or of an alien lawfully admitted for permanent resi-
dence if it is established to the satisfaction of the Attorney
1617
HR 4278 CPH
General that the refusal of admission to the United States
of such immigrant alien would result in extreme hardship
to the citizen or lawfully resident spouse or parent of such
an alien.
‘‘(2) No court shall have jurisdiction to review a deci-
sion or action of the Attorney General regarding a waiver
under paragraph (1).’’.
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALK-
ING AS GROUND FOR DEPORTATION.
(a) IN GENERAL.—Section 241(a)(2) (8 U.S.C.
1251(a)(2)) is amended by adding at the end the follow-
ing:
‘‘(E) CRIMES
OF
DOMESTIC
VIOLENCE,
STALKING, 
OR
VIOLATION
OF
PROTECTION
ORDER, CRIMES AGAINST CHILDREN AND .—
‘‘(i) DOMESTIC VIOLENCE, STALKING,
AND CHILD ABUSE.—Any alien who at any
time after entry is convicted of a crime of
domestic violence, a crime of stalking, or a
crime of child abuse, child neglect, or child
abandonment is deportable. For purposes
of this clause, the term ‘crime of domestic
violence’ means any crime of violence (as
defined in section 16 of title 18, United
States Code) against a person committed
1618
HR 4278 CPH
by a current or former spouse of the per-
son, by an individual with whom the per-
son shares a child in common, by an indi-
vidual who is cohabiting with or has
cohabited with the person as a spouse, by
an individual similarly situated to a spouse
of the person under the domestic or family
violence laws of the jurisdiction where the
offense occurs, or by any other individual
against a person who is protected from
that individual’s acts under the domestic
or family violence laws of the United
States or any State, Indian tribal govern-
ment, or unit of local government.
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—Any alien who at any time after
entry is enjoined under a protection order
issued by a court and whom the court de-
termines has engaged in conduct that vio-
lates the portion of a protection order that
involves protection against credible threats
of violence, repeated harassment, or bodily
injury to the person or persons for whom
the protection order was issued is deport-
able. For purposes of this clause, the term
1619
HR 4278 CPH
‘protection order’ means any injunction is-
sued for the purpose of preventing violent
or threatening acts of domestic violence,
including temporary or final orders issued
by civil or criminal courts (other than sup-
port or child custody orders or provisions)
whether obtained by filing an independent
action or as a pendente lite order in an-
other proceeding.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to convictions, or violations of
court orders, occurring after the date of the enactment
of this Act.
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELA-
TIONSHIP REQUIRED FOR WAIVER FROM EX-
CLUSION 
OR 
DEPORTATION 
FOR 
SMUG-
GLING.
(a) EXCLUSION.—Section 212(d)(11) (8 U.S.C.
1182(d)(11)) is amended by inserting ‘‘an individual who
at the time of such action was’’ after ‘‘aided only’’.
(b) DEPORTATION.—Section 241(a)(1)(E)(iii) (8
U.S.C. 1251(a)(1)(E)(iii)) is amended by inserting ‘‘an in-
dividual who at the time of the offense was’’ after ‘‘aided
only’’.
1620
HR 4278 CPH
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to applications for waivers filed
before, on, or after the date of the enactment of this Act,
but shall not apply to such an application for which a final
determination has been made as of the date of the enact-
ment of this Act.
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RE-
NOUNCED CITIZENSHIP TO AVOID UNITED
STATES TAXATION.
(a) IN GENERAL.—Section 212(a)(10) (8 U.S.C.
1182(a)(10)), as redesignated by section 301(b) of this di-
vision and as amended by section 347(a) of this division,
is amended by adding at the end the following:
‘‘(E) FORMER CITIZENS WHO RENOUNCED
CITIZENSHIP TO AVOID TAXATION.—Any alien
who is a former citizen of the United States
who officially renounces United States citizen-
ship and who is determined by the Attorney
General to have renounced United States citi-
zenship for the purpose of avoiding taxation by
the United States is excludable.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to individuals who renounce
United States citizenship on and after the date of the en-
actment of this Act.
1621
HR 4278 CPH
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVI-
SION.
(a) DEPORTATION FOR HIGH SPEED FLIGHT.—For
provision making high speed flight from an immigration
checkpoint subject to deportation, see section 108(c) of
this division.
(b) INADMISSIBILITY OF ALIENS PREVIOUSLY RE-
MOVED
AND UNLAWFULLY PRESENT.—For provision
making aliens previously removed and unlawfully present
in the United States inadmissible, see section 301(b) of
this division.
(c) INADMISSIBILITY OF ILLEGAL ENTRANTS.—For
provision revising the ground of inadmissibility for illegal
entrants and immigration violators, see section 301(c) of
this division.
(d) DEPORTATION FOR VISA VIOLATORS.—For provi-
sion revising the ground of deportation for illegal entrants,
see section 301(d) of this division.
(e) LABOR CERTIFICATIONS
FOR PROFESSIONAL
ATHLETES.—For provision providing for continued valid-
ity of labor certifications and classification petitions for
professional athletes, see section 624 of this division.
1623
HR 4278 CPH
‘‘(II) the provision of the sum-
mary would likely cause serious and
irreparable harm to the national secu-
rity or death or serious bodily injury
to any person.’’.
(2) SPECIAL CHALLENGE PROCEDURES.—Sec-
tion 504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by
adding at the end the following new subparagraphs:
‘‘(E) CONTINUATION OF HEARING WITH-
OUT SUMMARY.—If a judge makes the findings
described in subparagraph (D)(iii)—
‘‘(i) if the alien involved is an alien
lawfully admitted for permanent residence,
the procedures described in subparagraph
(F) shall apply; and
‘‘(ii) in all cases the special removal
hearing shall continue, the Department of
Justice shall cause to be delivered to the
alien a statement that no summary is pos-
sible, and the classified information sub-
mitted in camera and ex parte may be
used pursuant to this paragraph.
‘‘(F) SPECIAL PROCEDURES FOR ACCESS
AND
CHALLENGES
TO
CLASSIFIED
INFORMA-
1624
HR 4278 CPH
TION BY SPECIAL ATTORNEYS IN CASE OF LAW-
FUL PERMANENT ALIENS.—
‘‘(i) IN
GENERAL.—The procedures
described in this subparagraph are that the
judge (under rules of the removal court)
shall designate a special attorney to assist
the alien—
‘‘(I) by reviewing in camera the
classified information on behalf of the
alien, and
‘‘(II) by challenging through an
in camera proceeding the veracity of
the evidence contained in the classi-
fied information.
‘‘(ii) 
RESTRICTIONS
ON
DISCLO-
SURE.—A special attorney receiving classi-
fied information under clause (i)—
‘‘(I) shall not disclose the infor-
mation to the alien or to any other at-
torney representing the alien, and
‘‘(II) who discloses such informa-
tion in violation of subclause (I) shall
be subject to a fine under title 18,
United States Code, imprisoned for
1625
HR 4278 CPH
not less than 10 years nor more than
25 years, or both.’’.
(3) 
APPEALS.—Section 
505(c) 
(8 
U.S.C.
1535(c)) is amended—
(A) in paragraph (1), by striking ‘‘The de-
cision’’ and inserting ‘‘Subject to paragraph
(2), the decision’’;
(B) in paragraph (3)(D), by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that in the case of a review under para-
graph (2) in which an alien lawfully admitted
for permanent residence was denied a written
summary of classified information under section
504(c)(3), the Court of Appeals shall review
questions of fact de novo’’;
(C) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively; and
(D) by inserting after paragraph (1) the
following new paragraph:
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
‘‘(A) IN
GENERAL.—Unless the alien
waives the right to a review under this para-
graph, in any case involving an alien lawfully
1626
HR 4278 CPH
admitted for permanent residence who is denied
a written summary of classified information
under section 504(e)(3) and with respect to
which the procedures described in section
504(e)(3)(F) apply, any order issued by the
judge shall be reviewed by the Court of Appeals
for the District of Columbia Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With
respect to any issue relating to classified infor-
mation that arises in such review, the alien
shall be represented only by the special attorney
designated under section 504(e)(3)(F)(i) on be-
half of the alien.’’.
(4) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—Section 502 (8 U.S.C. 1532) is amended
by adding at the end the following new subsection:
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—The removal court shall provide for the des-
ignation of a panel of attorneys each of whom—
‘‘(1) has a security clearance which affords the
attorney access to classified information, and
‘‘(2) has agreed to represent permanent resi-
dent aliens with respect to classified information
under section 504(e)(3) in accordance with (and
subject to the penalties under) this title.’’.
1627
HR 4278 CPH
(5) DEFINITION OF SPECIAL ATTORNEY.—Sec-
tion 501 (8 U.S.C. 1531) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (5),
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(7) the term ‘special attorney’ means an attor-
ney who is on the panel established under section
502(e).’’.
(b) OTHER PROVISIONS RELATING TO CLASSIFIED
INFORMATION.—
(1) INTRODUCTION
OF
CLASSIFIED
INFORMA-
TION.—Section 504(e) (8 U.S.C. 1534(e)) is amend-
ed—
(A) in paragraph (1)—
(i) by inserting after ‘‘(A)’’ the follow-
ing: ‘‘the Government is authorized to use
in a removal proceedings the fruits of elec-
tronic surveillance and unconsented phys-
ical searches authorized under the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) without regard to
1628
HR 4278 CPH
subsections (c), (e), (f), (g), and (h) of sec-
tion 106 of that Act and’’, and
(ii) by striking ‘‘the Foreign Intel-
ligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.)’’ and inserting ‘‘such
Act’’; and
(B) by striking the period at the end of
paragraph (3)(A) and inserting the following:
‘‘and neither the alien nor the public shall be
informed of such evidence or its sources other
than through reference to the summary pro-
vided pursuant to this paragraph. Notwith-
standing the previous sentence, the Department
of Justice may, in its discretion and, in the case
of classified information, after coordination with
the originating agency, elect to introduce such
evidence in open session.’’.
(2) MAINTENANCE
OF
CONFIDENTIALITY
OF
CLASSIFIED INFORMATION IN ARGUMENTS.—Section
504(f) (8 U.S.C. 1534(f)) is amended by adding at
the end the following: ‘‘The judge may allow any
part of the argument that refers to evidence received
in camera and ex parte to be heard in camera and
ex parte.’’.
1629
HR 4278 CPH
(3) MAINTENANCE
OF
CONFIDENTIALITY
OF
CLASSIFIED
INFORMATION
IN
ORDERS.—Section
504(j) (8 U.S.C. 1534(j)) is amended by adding at
the end the following: ‘‘Any portion of the order that
would reveal the substance or source of information
received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien
or the public.’’.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERROR-
ISTS ORGANIZATIONS.
Section 
212(a)(3)(B)(i)(IV) 
(8 
U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104–132, is amended by inserting ‘‘which the
alien knows or should have known is a terrorist organiza-
tion’’ after ‘‘219,’’.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST
ORGANIZATION DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added
by section 302(a) of Public Law 104–132, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B),
(2) by striking the period at the end of sub-
paragraph (C) and inserting a semicolon, and
(3) by adding at the end the following:
1630
HR 4278 CPH
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole or in clas-
sified information submitted to the court under
paragraph (2), or
‘‘(E) not in accord with the procedures re-
quired by law.’’.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOL-
UNTARY DEPARTURE.
Section 504(k) (8 U.S.C. 1534(k)) is amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), and
(2) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) 
voluntary 
departure 
under 
section
244(e);’’.
SEC. 358. EFFECTIVE DATE.
The amendments made by this subtitle shall be effec-
tive as if included in the enactment of subtitle A of title
IV of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132).
Subtitle E—Transportation of
Aliens
SEC. 361. DEFINITION OF STOWAWAY.
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.
1101(a)), as amended by section 322(a)(1) of this divi-
1631
HR 4278 CPH
sion, is amended by adding at the end the following new
paragraph:
‘‘(49) The term ‘stowaway’ means any alien who ob-
tains transportation without the consent of the owner,
charterer, master or person in command of any vessel or
aircraft through concealment aboard such vessel or air-
craft. A passenger who boards with a valid ticket is not
to be considered a stowaway.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 362. TRANSPORTATION CONTRACTS.
(a) COVERAGE OF NONCONTIGUOUS TERRITORY.—
Section 238 (8 U.S.C. 1228), before redesignation as sec-
tion 233 under section 308(b)(4) of this division, is
amended—
(1) in the heading, by striking ‘‘CONTIGUOUS’’,
and
(2) by striking ‘‘contiguous’’ each place it ap-
pears in subsections (a), (b), and (d).
(b) COVERAGE OF RAILROAD TRAIN.—Subsection (d)
of such section is further amended by inserting ‘‘or rail-
road train’’ after ‘‘aircraft’’.
1632
HR 4278 CPH
Subtitle F—Additional Provisions
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.
(a) DEFINITION OF TERM.—Paragraph (4) of section
101(b) (8 U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney
whom the Attorney General appoints as an administrative
judge within the Executive Office for Immigration Review,
qualified to conduct specified classes of proceedings, in-
cluding a hearing under section 240. An immigration
judge shall be subject to such supervision and shall per-
form such duties as the Attorney General shall prescribe,
but shall not be employed by the Immigration and Natu-
ralization Service.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY
OFFICER’’.—The Immigration and Nationality Act is
amended by striking ‘‘a special inquiry officer’’, ‘‘A special
inquiry officer’’, ‘‘special inquiry officer’’, and ‘‘special in-
quiry officers’’ and inserting ‘‘an immigration judge’’, ‘‘An
immigration judge’’, ‘‘immigration judge’’, and ‘‘immigra-
tion judges’’, respectively, each place it appears in the fol-
lowing sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)),
before its repeal by section 306(c) of this division.
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
1633
HR 4278 CPH
(3) Section 234 (8 U.S.C. 1224), before redes-
ignation by section 308(b) of this division.
(4) Section 235 (8 U.S.C. 1225), before amend-
ment by section 302(a) of this division.
(5) Section 236 (8 U.S.C. 1226), before amend-
ment by section 303 of this division.
(6) Section 242(b) (8 U.S.C. 1252(b)), before
amendment by section 306(a)(2) of this division.
(7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)),
before repeal by section 306(b)(6) of this division.
(8) Section 273(d) (8 U.S.C. 1323(d)), before
its repeal by section 308(e)(13) of this division.
(9) Section 292 (8 U.S.C. 1362).
(c) COMPENSATION FOR IMMIGRATION JUDGES.—
(1) IN GENERAL.—There shall be four levels of
pay for immigration judges, under the Immigration
Judge Schedule (designated as IJ–1, 2, 3, and 4, re-
spectively), and each such judge shall be paid at one
of those levels, in accordance with the provisions of
this subsection.
(2) RATES OF PAY.—
(A) The rates of basic pay for the levels es-
tablished under paragraph (1) shall be as fol-
lows:
IJ–1 ...............................................
70% of the next to highest rate of
basic pay for the Senior Executive
Service
1634
HR 4278 CPH
IJ–2 ...............................................
80% of the next to highest rate of
basic pay for the Senior Executive
Service
IJ–3 ...............................................
90% of the next to highest rate of
basic pay for the Senior Executive
Service
IJ–4 ...............................................
92% of the next to highest rate of
basic pay for the Senior Executive
Service.
(B) Locality pay, where applicable, shall be
calculated into the basic pay for immigration
judges.
(3) APPOINTMENT.—
(A) Upon appointment, an immigration
judge shall be paid at IJ–1, and shall be ad-
vanced to IJ–2 upon completion of 104 weeks
of service, to IJ–3 upon completion of 104
weeks of service in the next lower rate, and to
IJ–4 upon completion of 52 weeks of service in
the next lower rate.
(B) Notwithstanding subparagraph (A),
the Attorney General may provide for appoint-
ment of an immigration judge at an advanced
rate under such circumstances as the Attorney
General may determine appropriate.
(4) TRANSITION.—Immigration judges serving
as of the effective date shall be paid at the rate that
corresponds to the amount of time, as provided
under paragraph (3)(A), that they have served as an
immigration judge, and in no case shall be paid less
1635
HR 4278 CPH
after the effective date than the rate of pay prior to
the effective date.
(d) EFFECTIVE DATES.—
(1) Subsections (a) and (b) shall take effect on
the date of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days
after the date of the enactment of this Act.
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT
AUTHORITY.
Section 103(a) (8 U.S.C. 1103(a)) is amended—
(1) inserting ‘‘(1)’’ after ‘‘(a)’’,
(2) by designating each sentence (after the first
sentence) as a separate paragraph with appropriate
consecutive numbering and initial indentation,
(3) by adding at the end the following new
paragraph:
‘‘(8) In the event the Attorney General determines
that an actual or imminent mass influx of aliens arriving
off the coast of the United States, or near a land border,
presents urgent circumstances requiring an immediate
Federal response, the Attorney General may authorize any
State or local law enforcement officer, with the consent
of the head of the department, agency, or establishment
under whose jurisdiction the individual is serving, to per-
form or exercise any of the powers, privileges, or duties