1346
Interior and any other Federal agency with affected
land or funds.
(2) The Working Group will accept donations,
grants or other funds and place such funds received
into a trust fund, to be expended on ecological res-
toration projects which, when involving Federal land
or funds, are approved by the affected Federal agen-
cy.
(3) The Bureau of Reclamation shall pay from
funds authorized under subsection (h) of this title
up to 50 percent of the cost of performing any
project proposed by the Working Group and ap-
proved by the Secretary, up to a total amount of
$1,000,000 during each of the fiscal years 1997
through 2001.
(4) Non-Federal contributions to project costs
for purposes of computing the Federal matching
share under paragraph (3) of this subsection may
include in-kind contributions.
(5) Funds authorized in subsection (h) of this
title shall be maintained in and distributed by the
Bureau of Reclamation in the Department of the In-
terior. The Bureau of Reclamation shall not expend
more than 5 percent of amounts appropriated pursu-
1347
ant to subsection (h) for Federal administration of
such appropriations pursuant to this title.
(6) The Bureau of Reclamation is authorized to
provide by grant to the Working Group not more
than 5 percent of funds appropriated pursuant to
subsection (h) of this title for not more than 50 per-
cent of administrative costs relating to the imple-
mentation of this title.
(7) The Federal agencies with authority and re-
sponsibility in the Deschutes River Basin shall pro-
vide technical assistance to the Working Group and
shall designate representatives to serve as members
of the Working Group.
(8) All funding recommendations developed by
the Working Group shall be based on a consensus of
the Working Group members.
(c) PUBLIC NOTICE
AND PARTICIPATION.—The
Working Group shall conduct all meetings subject to ap-
plicable open meeting and public participation laws. The
chartering requirements of 5 U.S.C. App 2 ss 1–15 are
hereby deemed to have been met by this section.
(d) PRIORITIES.—The Working Group shall give
priority to voluntary market-based economic incentives
for ecosystem restoration including, but not limited to,
water leases and purchases; land leases and purchases;
1348
tradable discharge permits; and acquisition of timber,
grazing, and land development rights to implement plans,
programs, measures, and projects.
(e) TERMS
AND VACANCIES.—Members of the
Working Group representing governmental agencies or
entities shall be named by the represented government
agency. Members of the Working Group representing pri-
vate interests shall be named in accordance with the arti-
cles of incorporation and bylaws of the Working Group.
Representatives from Federal agencies will serve for
terms of 3 years. Vacancies which occur for any reason
after the date of enactment of this title shall be filled in
accordance with this title.
(f) ADDITIONAL PROJECTS.—Where existing au-
thority and appropriations permit, Federal agencies may
contribute to the implementation of projects rec-
ommended by the Working Group and approved by the
Secretary.
(g) RIGHTS, DUTIES AND AUTHORITIES UNAF-
FECTED.—The Working Group will supplement, rather
than replace, existing efforts to manage the natural re-
sources of the Deschutes Basin. Nothing in this title af-
fects any legal right, duty or authority of any person or
agency, including any member of the working group.
1349
(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 1997 through 2001.
TITLE IV—MOUNT HOOD
CORRIDOR
SEC. 401. LAND EXCHANGE.
(a) AUTHORIZATION.—Notwithstanding any other
law, if Longview Fibre Company (referred to in this sec-
tion as ‘‘Longview’’) offers and conveys title that is ac-
ceptable to the United States to some or all of the land
described in subsection (b), the Secretary of the Interior
(referred to in this section as the ‘‘Secretary’’) shall con-
vey to Longview title to some or all of the land described
in subsection (c), as necessary to satisfy the requirements
of subsection (d).
(b) LAND TO BE OFFERED BY LONGVIEW.—The
land referred to in subsection (a) as the land to be of-
fered by Longview are those lands depicted on the map
entitled ‘‘Mt. Hood Corridor Land Exchange Map’’,
dated July 18, 1996.
(c) LAND
TO
BE
CONVEYED
BY
THE
SEC-
RETARY.—The land referred to in subsection (a) as the
land to be conveyed by the Secretary are those lands de-
picted on the map entitled ‘‘Mt. Hood Corridor Land Ex-
change Map’’, dated July 18, 1996.
1350
(d) EQUAL VALUE.—The land and interests in
land exchanged under this section shall be of equal mar-
ket value as determined by nationally recognized ap-
praisal standards, including, to the extent appropriate,
the Uniform Standards for Federal Land Acquisition, the
Uniform Standards of Professional Appraisal Practice, or
shall be equalized by way of payment of cash pursuant
to the provisions of section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(d)), and other applicable law.
(e) REDESIGNATION OF LAND TO MAINTAIN REV-
ENUE FLOW.—So as to maintain the current flow of rev-
enue from land subject to the Act entitled ‘‘An Act relat-
ing to the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant land situated in
the State of Oregon’’, approved August 28, 1937 (43
U.S.C. 1181a et seq.), the Secretary may redesignate
public domain land located in and west of Range 9 East,
Willamette Meridian, Oregon, as land subject to that Act.
(f) TIMETABLE.—The exchange directed by this
section shall be consummated not later than 1 year after
the date of enactment of this title.
(g) WITHDRAWAL OF LANDS.—All lands managed
by the Department of the Interior, Bureau of Land Man-
agement, located in Townships 2 and 3 South, Ranges 6
1351
and 7 East, Willamette Meridian, which can be seen from
the right-of-way of U.S. Highway 26 (in this section,
such lands are referred to as the ‘‘Mt. Hood Corridor
Lands’’), shall be managed primarily for the protection
or enhancement of scenic qualities. Management prescrip-
tions for other resource values associated with these
lands shall be planned and conducted for purposes other
than timber harvest, so as not to impair the scenic quali-
ties of the area.
(h) TIMBER CUTTING.—Timber cutting may be
conducted on Mt. Hood Corridor Lands following a re-
source-damaging catastrophic event. Such cutting may
only be conducted to achieve the following resource man-
agement objectives, in compliance with the current land
use plans—
(1) to maintain safe conditions for the visiting
public;
(2) to control the continued spread of forest
fire;
(3) for activities related to administration of
the Mt. Hood Corridor Lands; or
(4) for removal of hazard trees along trails and
roadways.
(i) ROAD CLOSURE.—The forest road gate located
on Forest Service Road 2503, located in T. 2 S., R. 6
1352
E., sec. 14, shall remain closed and locked to protect re-
sources and prevent illegal dumping and vandalism. Ac-
cess to this road shall be limited to—
(1) Federal and State officers and employees
acting in an official capacity;
(2) employees and contractors conducting au-
thorized activities associated with the telecommuni-
cation sites located in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes,
except that all motorized vehicles will be prohibited.
(j) NEPA EXEMPTION.—The National Environ-
mental Policy Act of 1969 (P.L. 91–190) shall not apply
to this section for one year after the date of enactment
of this title.
(k) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
TITLE V—COQUILLE TRIBAL
FOREST
SEC. 501. CREATION OF THE COQUILLE FOREST.
(a) The Coquille Restoration Act (P.L. 101–42) is
amended by inserting at the end of section 5 the follow-
ing:
‘‘(d) CREATION OF THE COQUILLE FOREST.—
‘‘(1) DEFINITIONS.—In this subsection:
1353
‘‘(A) the term ‘Coquille Forest’ means cer-
tain lands in Coos County, Oregon, comprising
approximately 5,400 acres, as generally de-
picted on the map entitled ‘Coquille Forest Pro-
posal’, dated July 8, 1996.
‘‘(B) the term ‘Secretary’ means the Sec-
retary of the Interior.
‘‘(C) the term ‘the Tribe’ means the
Coquille Tribe of Coos County, Oregon.
‘‘(2) MAP.—The map described in subpara-
graph (d)(1)(A), and such additional legal descrip-
tions which are applicable, shall be placed on file at
the local District Office of the Bureau of Land Man-
agement, the Agency Office of the Bureau of Indian
Affairs, and with the Senate Committee on Energy
and Natural Resources and the House Committee on
Resources.
‘‘(3) INTERIM PERIOD.—From the date of en-
actment of this subsection until two years after the
date of enactment of this subsection, the Bureau of
Land Management shall:
‘‘(A) retain Federal jurisdiction for the
management of lands designated under this
subsection as the Coquille Forest and continue
1354
to distribute revenues from such lands in a
manner consistent with existing law; and,
‘‘(B) prior to advertising, offering or
awarding any timber sale contract on lands des-
ignated under this subsection as the Coquille
Forest, obtain the approval of the Assistant
Secretary for Indian Affairs, acting on behalf of
and in consultation with the Tribe.
(4) TRANSITION
PLANNING
AND
DESIGNA-
TION.—
‘‘(A) During the two year interim period
provided for in paragraph (3), the Assistant
Secretary for Indian Affairs, acting on behalf of
and in consultation with the Tribe, is author-
ized to initiate development of a forest manage-
ment plan for the Coquille Forest to the Assist-
ant Secretary for Indian Affairs.
‘‘(B) Two years after the date of enact-
ment of this subsection, the Secretary shall take
the 
lands 
identified 
under 
subparagraph
(d)(1)(A) into trust, and shall hold such lands
in trust, in perpetuity, for the Coquille Tribe.
Such lands shall be thereafter designated as the
Coquille Forest.
1355
‘‘(C) So as to maintain the current flow of
revenue from land subject to the Act entitled
‘An Act relating to the revested Oregon and
California Railroad and reconveyed Coos Bay
Wagon Road grant land situated in the State of
Oregon’ (the O&C Act), approved August 28,
1937 (43 U.S.C. 1181a et seq.), the Secretary
shall redesignate, from public domain lands
within the tribe’s service area, as defined in this
Act, certain lands to be subject to the O&C Act.
Lands redesignated under this subparagraph
shall not exceed lands sufficient to constitute
equivalent timber value as compared to lands
constituting the Coquille Forest.
‘‘(5) MANAGEMENT.—The Secretary of Interior,
acting through the Assistant Secretary for Indian
Affairs, shall manage the Coquille Forest under ap-
plicable State and Federal forestry and environ-
mental protection laws, and subject to critical habi-
tat designations under the Endangered Species Act,
and subject to the standards and guidelines of Fed-
eral forest plans on adjacent or nearby Federal
lands, now and in the future. The Secretary shall
otherwise manage the Coquille Forest in accordance
with the laws pertaining to the management of In-
1356
dian Trust lands and shall distribute revenues in ac-
cord with Public Law 101–630, 25 U.S.C. 3107.
‘‘(A) Unprocessed logs harvested from the
Coquille Forest shall be subject to the same
Federal statutory restrictions on export to for-
eign nations that apply to unprocessed logs har-
vested from Federal lands.
‘‘(B) Notwithstanding any other provision
of law, all sales of timber from land subject to
this subsection shall be advertised, offered and
awarded according to competitive bidding prac-
tices, with sales being awarded to the highest
responsible bidder.
‘‘(6) 
INDIAN
SELF
DETERMINATION
ACT
AGREEMENT.—No sooner than two years after the
date of enactment of this subsection, the Secretary
may, upon a satisfactory showing of management
competence and pursuant to the Indian Self-Deter-
mination Act (25 U.S.C. 450 et seq.), enter into a
binding Indian self-determination agreement (agree-
ment) with the Coquille Indian Tribe. Such agree-
ment may provide for the tribe to carry out all or
a portion of the forest management for the Coquille
Forest.
1357
‘‘(A) Prior to entering such an agreement,
and as a condition of maintaining such an
agreement, the Secretary must find that the
Coquille Tribe has entered into a binding
memorandum of agreement (MOA) with the
State of Oregon, as required under paragraph
7.
‘‘(B) The authority of the Secretary to re-
scind the Indian self-determination agreement
shall not be encumbered.
‘‘(i) The Secretary shall rescind the
agreement upon a demonstration that the
tribe and the State of Oregon are no
longer engaged in a memorandum of
agreement as required under paragraph 7.
‘‘(ii) The Secretary may rescind the
agreement on a showing that the Tribe has
managed the Coquille Forest in a manner
inconsistent with this subsection, or the
Tribe is no longer managing, or capable of
managing, the Coquille Forest in a manner
consistent with this subsection.
‘‘(7) MEMORANDUM
OF
AGREEMENT.—The
Coquille Tribe shall enter into a memorandum of
agreement (MOA) with the State of Oregon relating
1358
to the establishment and management of the
Coquille Forest. The MOA shall include, but not be
limited to, the terms and conditions for managing
the Coquille Forest in a manner consistent with
paragraph (5) of this subsection, preserving public
access, advancing jointly-held resource management
goals, achieving tribal restoration objectives and es-
tablishing a coordinated management framework.
Further, provisions set forth in the MOA shall be
consistent with federal trust responsibility require-
ments applicable to Indian trust lands and para-
graph (5) of this subsection.
‘‘(8) PUBLIC
ACCESS.—The Coquille Forest
shall remain open to public access for purposes of
hunting, fishing, recreation and transportation, ex-
cept when closure is required by state or federal law,
or when the Coquille Indian Tribe and the State of
Oregon agree in writing that restrictions on access
are necessary or appropriate to prevent harm to nat-
ural resources, cultural resources or environmental
quality: Provided, That the State of Oregon’s agree-
ment shall not be required when immediate action is
necessary to protect archaeological resources.
‘‘(9) JURISDICTION.—
1359
‘‘(A) The United States District Court for
the District of Oregon shall have jurisdiction
over actions against the Secretary arising out of
claims that this subsection has been violated.
Consistent with existing precedents on standing
to sue, any affected citizen may bring suit
against the Secretary for violations of this sub-
section, except that suit may not be brought
against the Secretary for claims that the MOA
has been violated. The Court has the authority
to hold unlawful and set aside actions pursuant
to this subsection that are arbitrary and capri-
cious, an abuse of discretion, or otherwise an
abuse of law.
‘‘(B) The United States District Court for
the District of Oregon shall have jurisdiction
over actions between the State of Oregon and
the Tribe arising out of claims of breach of the
MOA.
‘‘(C) Unless otherwise provided for by law,
remedies available under this subsection shall
be limited to equitable relief and shall not in-
clude damages.
‘‘(10) STATE REGULATORY AND CIVIL JURIS-
DICTION.—In addition to the jurisdiction described
1360
in paragraph 7 of this subsection, the State of Or-
egon may exercise exclusive regulatory civil jurisdic-
tion, including but not limited to adoption and en-
forcement of administrative rules and orders, over
the following subjects:
‘‘(A) management, allocation and adminis-
tration of fish and wildlife resources, including
but not limited to establishment and enforce-
ment of hunting and fishing seasons, bag limits,
limits on equipment and methods, issuance of
permits and licenses, and approval or dis-
approval of hatcheries, game farms, and other
breeding facilities: Provided, That nothing here-
in shall be construed to permit the State of Or-
egon to manage fish or wildlife habitat on
Coquille Forest lands;
‘‘(B) allocation and administration of
water rights, appropriation of water and use of
water;
‘‘(C) regulation of boating activities, in-
cluding equipment and registration require-
ments, and protection of the public’s right to
use the waterways for purposes of boating or
other navigation;
1361
‘‘(D) fills and removals from waters of the
State, as defined in Oregon law;
‘‘(E) protection and management of the
State’s proprietary interests in the beds and
banks of navigable waterways;
‘‘(F) regulation of mining, mine reclama-
tion activities, and exploration and drilling for
oil and gas deposits;
‘‘(G) regulation of water quality, air qual-
ity (including smoke management), solid and
hazardous waste, and remediation of releases of
hazardous substances;
‘‘(H) regulation of the use of herbicides
and pesticides; and
‘‘(I) enforcement of public health and safe-
ty standards, including standards for the pro-
tection of workers, well construction and codes
governing the construction of bridges, buildings,
and other structures.
‘‘(11) SAVINGS CLAUSE, STATE AUTHORITY.—
‘‘(A) Nothing in this subsection shall be
construed to grant tribal authority over private
or State-owned lands.
‘‘(B) To the extend that the State of Or-
egon is regulating the foregoing areas pursuant
1362
to a delegated Federal authority or a Federal
program, nothing in this subsection shall be
construed to enlarge or diminish the State’s au-
thority under such law.
‘‘(C) Where both the State of Oregon and
the United States are regulating, nothing here-
in shall be construed to alter their respective
authorities.
‘‘(D) To the extent that Federal law au-
thorizes the Coquille Indian Tribe to assume
regulatory authority over an area, nothing here-
in shall be construed to enlarge or diminish the
tribe’s authority to do so under such law.
‘‘(E) Unless and except to the extent that
the tribe has assumed jurisdiction over the
Coquille Forest pursuant to Federal law, or
otherwise with the consent of the State, the
State of Oregon shall have jurisdiction and au-
thority to enforce its laws addressing the sub-
jects listed in subparagraph 10 of this sub-
section on the Coquille Forest against the
Coquille Indian Tribe, its members and all
other persons and entities, in the same manner
and with the same remedies and protections
and appeal rights as otherwise provided by gen-
1363
eral Oregon law. Where the State of Oregon
and Coquille Indian Tribe agree regarding the
exercise of tribal civil regulatory jurisdiction
over activities on the Coquille Forest lands, the
tribe may exercise such jurisdiction as it agreed
upon.
‘‘(12) In the event of a conflict between Federal
and State law under this subsection, Federal law
shall control.’’.
TITLE VI—BULL RUN
WATERSHED PROTECTION
SEC. 601. The first sentence of section 2(a) of
Public Law 95–200 is amended after ‘‘referred to in this
subsection (a)’’ by striking ‘‘2(b)’’ and inserting in lieu
thereof ‘‘2(c)’’.
SEC. 602. The first sentence of section 2(b) of
Public Law 95–200 is amended after ‘‘the policy set
forth in subsection (a)’’ by inserting ‘‘and (b)’’.
SEC. 603. Section 2(b) of Public Law 95–200 is
redesignated as ‘‘2(c)’’.
SEC. 604 (a) Public Law 95–200 is amended by
adding a new subsection 2(b) immediately after sub-
section 2(a), as follows:
‘‘(b) TIMBER CUTTING.—
1364
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary of Agriculture shall prohibit the cut-
ting of trees in that part of the unit consisting of
the hydrographic boundary of the Bull Run River
Drainage, including certain lands within the unit
and located below the headworks of the city of Port-
land, Oregon’s water storage and delivery project,
and as depicted in a map dated July 22, 1996 and
entitled ‘‘Bull Run River Drainage’’.
(2) PERMITTED CUTTING.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of Agriculture shall
prohibit the cutting of trees in the area de-
scribed in paragraph (1).
(B) PERMITTED
CUTTING.—Subject to
subparagraph (C), the Secretary may only allow
the cutting of trees in the area described in
paragraph (1)—
(i) for the protection or enhancement
of water quality in the area described in
paragraph (1); or
(ii) for the protection, enhancement,
or maintenance of water quantity available
from the area described in paragraph (1);
or
1365
(iii) for the construction, expansion,
protection or maintenance of municipal
water supply facilities; or
(iv) for the construction, expansion,
protection or maintenance of facilities for
the transmission of energy through and
over the unit or previously authorized hy-
droelectric 
facilities 
or 
hydroelectric
projects associated with municipal water
supply facilities.
(C) SALVAGE
SALES.—The Secretary of
Agriculture may not authorize a salvage sale in
the area described in paragraph (1).’’
(b) Redesignate subsequent subsections of Public
Law 95–200 accordingly.
SEC. 605. REPORT TO CONGRESS.
(a) The Secretary of Agriculture shall, in con-
sultation with the city of Portland and other affected
parties, undertake a study of that part of the Little
Sandy Watershed that is within the unit (hereinafter re-
ferred to as the ‘‘study area’’), as depicted on the map
described in section 604 of this title.
(b) The study referred to in (a) shall determine—
1366
(1) the impact of management activities within
the study area on the quality of drinking water pro-
vided to the Portland Metropolitan area;
(2) the identify and location of certain ecologi-
cal features within the study area, including late
successional forest characteristics, aquatic and ter-
restrial wildlife habitat, significant hydrological val-
ues, or other outstanding natural features; and
(3) the location and extent of any significant
cultural or other values within the study area.
(c) The study referred to in subsection (a) shall
include both legislative and regulatory recommendations
to Congress on the future management of the study area.
In formulating such recommendations, the Secretary
shall consult with the city of Portland and other affected
parties.
(d) To the greatest extent possible, the Secretary
shall use existing data and processes to carry out this
study and report.
(e) The study referred to in subsection (a) shall
be submitted to the Senate Committees on Energy and
Natural Resources and Agriculture and the House Com-
mittees on Resources and Agriculture not later than one
year from the date of enactment of this section.
1367
(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.
1368
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-
1369
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.
1370
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;
1371
(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.
1372
(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
1373
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
1374
(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.
1375
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
1376
‘‘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.
1377
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.
1378
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.
1379
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.
1380
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.
1381
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.
1382
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.
1383
(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-
1384
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.
1385
(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
1386
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
1387
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
1388
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.
1389
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
1390
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
1391
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
1392
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-
1393
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-
1394
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
1395
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
1396
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.
1397
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
1398
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:
1399
‘‘(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
1400
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
1401
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.
1402
‘‘(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;
1403
‘‘(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.’’.
1404
(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-
1405
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.
1406
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.
1407
(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-
1408
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
1409
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
1410
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
1411
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
1412
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’’;
1413
(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
1414
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)’’;
1415
(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.’’.
1416
(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
1417
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;
1418
(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-
1419
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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(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.’’.