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demonstrate the use of designated ports of entry after
working hours through the use of card reading machines
or other appropriate technology.’’; and
(2) by striking paragraph (5).
(b) CONFORMING AMENDMENT.—The Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriation Act, 1994 (Public Law 103–
121, 107 Stat. 1161) is amended by striking the fourth
proviso under the heading ‘‘Immigration and Naturaliza-
tion Service, Salaries and Expenses’’.
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the follow-
ing:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 
235A. 
(a) 
ESTABLISHMENT
OF
PREINSPECTION STATIONS.—
‘‘(1) NEW
STATIONS.—Subject to paragraph
(5), not later than October 31, 1998, the Attorney
General, in consultation with the Secretary of State,
shall establish and maintain preinspection stations
in at least 5 of the foreign airports that are among
the 10 foreign airports which the Attorney General
identifies as serving as last points of departure for
the greatest numbers of inadmissible alien pas-
sengers who arrive from abroad by air at ports of
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entry within the United States. Such preinspection
stations shall be in addition to any preinspection sta-
tions established prior to the date of the enactment
of such Act.
‘‘(2) REPORT.—Not later than October 31,
1998, the Attorney General shall report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the implementation of
paragraph (1).
‘‘(3) DATA COLLECTION.—Not later than No-
vember 1, 1997, and each subsequent November 1,
the Attorney General shall compile data identify-
ing—
‘‘(A) the foreign airports which served as
last points of departure for aliens who arrived
by air at United States ports of entry without
valid documentation during the preceding fiscal
years;
‘‘(B) the number and nationality of such
aliens arriving from each such foreign airport;
and
‘‘(C) the primary routes such aliens fol-
lowed from their country of origin to the United
States.
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‘‘(4) ADDITIONAL STATIONS.—Subject to para-
graph (5), not later than October 31, 2000, the At-
torney General, in consultation with the Secretary of
State, shall establish preinspection stations in at
least 5 additional foreign airports which the Attor-
ney General, in consultation with the Secretary of
State, determines, based on the data compiled under
paragraph (3) and such other information as may be
available, would most effectively reduce the number
of aliens who arrive from abroad by air at points of
entry within the United States who are inadmissible
to the United States. Such preinspection stations
shall be in addition to those established prior to the
date of the enactment of such Act or pursuant to
paragraph (1).
‘‘(5) CONDITIONS.—Prior to the establishment
of a preinspection station, the Attorney General, in
consultation with the Secretary of State, shall en-
sure that—
‘‘(A) employees of the United States sta-
tioned at the preinspection station and their ac-
companying family members will receive appro-
priate protection;
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‘‘(B) such employees and their families will
not be subject to unreasonable risks to their
welfare and safety; and
‘‘(C) 
the 
country 
in 
which 
the
preinspection station is to be established main-
tains practices and procedures with respect to
asylum seekers and refugees in accordance with
the Convention Relating to the Status of Refu-
gees (done at Geneva, July 28, 1951), or the
Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967), or that
an alien in the country otherwise has recourse
to avenues of protection from return to persecu-
tion.
‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(3),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
documentation, but where no preinspection station ex-
ists.’’.
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(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
235 the following:
‘‘Sec. 235A.
Preinspection at foreign airports.’’.
SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—
(1) IN
GENERAL.—Section 286(h)(2)(A) (8
U.S.C. 1356(h)(2)(A)) is amended—
(A) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, com-
mercial airline personnel regarding such detec-
tion’’ after ‘‘United States’’; and
(B) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
the total of the expenses incurred that are described in
the previous sentence.’’.
(2) APPLICABILITY.—The amendments made
by paragraph (1) shall apply to expenses incurred
during or after fiscal year 1997.
(b) 
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—
(1) IN
GENERAL.—Section 212(f) (8 U.S.C.
1182(f)) is amended by adding at the end the follow-
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ing: ‘‘Whenever the Attorney General finds that a
commercial airline has failed to comply with regula-
tions of the Attorney General relating to require-
ments of airlines for the detection of fraudulent doc-
uments used by passengers traveling to the United
States (including the training of personnel in such
detection), the Attorney General may suspend the
entry of some or all aliens transported to the United
States by such airline.’’.
(2) DEADLINE.—The Attorney General shall
first issue, in proposed form, regulations referred to
in the second sentence of section 212(f) of the Immi-
gration and Nationality Act, as added by the amend-
ment made by paragraph (1), not later than 90 days
after the date of the enactment of this Act.
SEC. 125. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality
Act (8 U.S.C. 1103(a)) is amended by adding at the end
the following:
‘‘After consultation with the Secretary of State, the Attor-
ney General may authorize officers of a foreign country
to be stationed at preclearance facilities in the United
States for the purpose of ensuring that persons traveling
from or through the United States to that foreign country
comply with that country’s immigration and related laws.
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Those officers may exercise such authority and perform
such duties as United States immigration officers are au-
thorized to exercise and perform in that foreign country
under reciprocal agreement, and they shall enjoy such rea-
sonable privileges and immunities necessary for the per-
formance of their duties as the government of their coun-
try extends to United States immigration officers.’’.
Subtitle C—Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR IN-
CREASE IN NUMBER OF CERTAIN INVESTIGA-
TORS.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated such funds as may be necessary to enable the
Commissioner of Immigration and Naturalization to in-
crease the number of investigators and support personnel
to investigate potential violations of sections 274 and
274A of the Immigration and Nationality Act by a number
equivalent to 300 full-time active-duty investigators in
each of fiscal years 1997, 1998, and 1999.
(b) ALLOCATION OF INVESTIGATORS.—At least one-
half of the investigators hired with funds made available
under subsection (a) shall be assigned to investigate po-
tential violations of section 274A of the Immigration and
Nationality Act.
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(c) LIMITATION ON OVERTIME.—None of the funds
made available under subsection (a) shall be available for
administrative expenses to pay any employee overtime pay
in an amount in excess of $25,000 for any fiscal year.
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR IN-
CREASE IN NUMBER OF INVESTIGATORS OF
VISA OVERSTAYERS.
There are authorized to be appropriated such funds
as may be necessary to enable the Commissioner of Immi-
gration and Naturalization to increase the number of in-
vestigators and support personnel to investigate visa over-
stayers by a number equivalent to 300 full-time active-
duty investigators in fiscal year 1997.
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT
IMMIGRATION ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding
at the end the following:
‘‘(g)(1) Notwithstanding section 1342 of title 31,
United States Code, the Attorney General may enter into
a written agreement with a State, or any political subdivi-
sion of a State, pursuant to which an officer or employee
of the State or subdivision, who is determined by the At-
torney General to be qualified to perform a function of
an immigration officer in relation to the investigation, ap-
prehension, or detention of aliens in the United States (in-
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cluding the transportation of such aliens across State lines
to detention centers), may carry out such function at the
expense of the State or political subdivision and to the
extent consistent with State and local law.
‘‘(2) An agreement under this subsection shall re-
quire that an officer or employee of a State or political
subdivision of a State performing a function under the
agreement shall have knowledge of, and adhere to, Federal
law relating to the function, and shall contain a written
certification that the officers or employees performing the
function under the agreement have received adequate
training regarding the enforcement of relevant Federal im-
migration laws.
‘‘(3) In performing a function under this subsection,
an officer or employee of a State or political subdivision
of a State shall be subject to the direction and supervision
of the Attorney General.
‘‘(4) In performing a function under this subsection,
an officer or employee of a State or political subdivision
of a State may use Federal property or facilities, as pro-
vided in a written agreement between the Attorney Gen-
eral and the State or subdivision.
‘‘(5) With respect to each officer or employee of a
State or political subdivision who is authorized to perform
a function under this subsection, the specific powers and
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duties that may be, or are required to be, exercised or
performed by the individual, the duration of the authority
of the individual, and the position of the agency of the
Attorney General who is required to supervise and direct
the individual, shall be set forth in a written agreement
between the Attorney General and the State or political
subdivision.
‘‘(6) The Attorney General may not accept a service
under this subsection if the service will be used to displace
any Federal employee.
‘‘(7) Except as provided in paragraph (8), an officer
or employee of a State or political subdivision of a State
performing functions under this subsection shall not be
treated as a Federal employee for any purpose other than
for purposes of chapter 81 of title 5, United States Code
(relating to compensation for injury), and sections 2671
through 2680 of title 28, United States Code (relating to
tort claims).
‘‘(8) An officer or employee of a State or political
subdivision of a State acting under color of authority
under this subsection, or any agreement entered into
under this subsection, shall be considered to be acting
under color of Federal authority for purposes of determin-
ing the liability, and immunity from suit, of the officer
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or employee in a civil action brought under Federal or
State law.
‘‘(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to
enter into an agreement with the Attorney General under
this subsection.
‘‘(10) Nothing in this subsection shall be construed
to require an agreement under this subsection in order for
any officer or employee of a State or political subdivision
of a State—
‘‘(A) to communicate with the Attorney General
regarding the immigration status of any individual,
including reporting knowledge that a particular alien
is not lawfully present in the United States; or
‘‘(B) otherwise to cooperate with the Attorney
General in the identification, apprehension, deten-
tion, or removal of aliens not lawfully present in the
United States.’’.
SEC. 134. MINIMUM STATE INS PRESENCE.
(a) IN GENERAL.—Section 103 (8 U.S.C. 1103), as
amended by section 102(e) of this division, is further
amended by adding at the end the following:
‘‘(f) The Attorney General shall allocate to each State
not fewer than 10 full-time active duty agents of the Im-
migration and Naturalization Service to carry out the
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functions of the Service, in order to ensure the effective
enforcement of this Act.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 90 days after the date of
the enactment of this Act.
TITLE II—ENHANCED ENFORCE-
MENT 
AND 
PENALTIES
AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A—Enhanced Enforcement
and 
Penalties 
Against 
Alien
Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF
ALIEN SMUGGLING OR DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended—
(1) in paragraph (c), by striking ‘‘or section
1992 (relating to wrecking trains)’’ and inserting
‘‘section 1992 (relating to wrecking trains), a felony
violation of section 1028 (relating to production of
false identification documentation), section 1425 (re-
lating to the procurement of citizenship or national-
ization unlawfully), section 1426 (relating to the re-
production of naturalization or citizenship papers),
section 1427 (relating to the sale of naturalization
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or citizenship papers), section 1541 (relating to
passport issuance without authority), section 1542
(relating to false statements in passport applica-
tions), section 1543 (relating to forgery or false use
of passports), section 1544 (relating to misuse of
passports), or section 1546 (relating to fraud and
misuse of visas, permits, and other documents)’’;
(2) by striking ‘‘or’’ at the end of paragraph
(l);
(3) by redesignating paragraphs (m), (n), and
(o) as paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the follow-
ing new paragraph:
‘‘(m) a violation of section 274, 277, or 278 of
the Immigration and Nationality Act (8 U.S.C.
1324, 1327, or 1328) (relating to the smuggling of
aliens);’’.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN
SMUGGLING.
Section 1961(1) of title 18, United States Code, as
amended by section 433 of Public Law 104–132, is
amended—
(1) by striking ‘‘if the act indictable under sec-
tion 1028 was committed for the purpose of finan-
cial gain’’;
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(2) by inserting ‘‘section 1425 (relating to the
procurement of citizenship or nationalization unlaw-
fully), section 1426 (relating to the reproduction of
naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers),’’ after ‘‘section 1344 (relating to financial
institution fraud),’’;
(3) by striking ‘‘if the act indictable under sec-
tion 1542 was committed for the purpose of finan-
cial gain’’;
(4) by striking ‘‘if the act indictable under sec-
tion 1543 was committed for the purpose of finan-
cial gain’’;
(5) by striking ‘‘if the act indictable under sec-
tion 1544 was committed for the purpose of finan-
cial gain’’; and
(6) by striking ‘‘if the act indictable under sec-
tion 1546 was committed for the purpose of finan-
cial gain’’.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN
SMUGGLING.
(a) 
COMMERCIAL
ADVANTAGE.—Section
274(a)(1)(B)(i) (8 U.S.C. 1324(a)(1)(B)(i)) is amended
by inserting ‘‘or in the case of a violation of subparagraph
(A)(ii), (iii), or (iv) in which the offense was done for the
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purpose of commercial advantage or private financial
gain’’ after ‘‘subparagraph (A)(i)’’.
(b) ADDITIONAL
OFFENSES.—Section 274(a) (8
U.S.C. 1324(a)) is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘or’’ at the end of clause
(iii);
(B) by striking the comma at the end of
clause (iv) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
clause:
‘‘(v)(I) engages in any conspiracy to commit
any of the preceding acts, or
‘‘(II) aids or abets the commission of any of the
preceding acts,’’;
(2) in paragraph (1)(B)—
(A) in clause (i), by inserting ‘‘or (v)(I)’’
after ‘‘(A)(i)’’;
(B) in clause (ii), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)(II)’’;
(C) in clause (iii), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)’’; and
(D) in clause (iv), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)’’;
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(3) in paragraph (2)(B), by striking ‘‘be fined’’
and all that follows and inserting the following: ‘‘be
fined under title 18, United States Code, and shall
be imprisoned, in the case of a first or second viola-
tion of subparagraph (B)(iii), not more than 10
years, in the case of a first or second violation of
subparagraph (B)(i) or (B)(ii), not less than 3 nor
more than 10 years, and for any other violation, not
less than 5 nor more than 15 years.’’; and
(4) by adding at the end the following new
paragraph:
‘‘(3)(A) Any person who, during any 12-month pe-
riod, knowingly hires for employment at least 10 individ-
uals with actual knowledge that the individuals are aliens
described in subparagraph (B) shall be fined under title
18, United States Code, or imprisoned for not more than
5 years, or both.
‘‘(B) An alien described in this subparagraph is an
alien who—
‘‘(i) is an unauthorized alien (as defined in sec-
tion 274A(h)(3)), and
‘‘(ii) has been brought into the United States in
violation of this subsection.’’.
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(c) SMUGGLING
OF ALIENS WHO WILL COMMIT
CRIMES.—Clause (i) of section 274(a)(2)(B) (8 U.S.C.
1324(a)(2)(B)) is amended to read as follows:
‘‘(i) an offense committed with the intent
or with reason to believe that the alien unlaw-
fully brought into the United States will commit
an offense against the United States or any
State punishable by imprisonment for more
than 1 year,’’.
(d) APPLYING CERTAIN PENALTIES ON A PER ALIEN
BASIS.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is
amended by striking ‘‘for each transaction constituting a
violation of this paragraph, regardless of the number of
aliens involved’’ and inserting ‘‘for each alien in respect
to whom a violation of this paragraph occurs’’.
(e) SENTENCING GUIDELINES.—
(1) IN
GENERAL.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall pro-
mulgate sentencing guidelines or amend existing
sentencing guidelines for offenders convicted of of-
fenses related to smuggling, transporting, harboring,
or inducing aliens in violation of section 274(a)
(1)(A) or (2) of the Immigration and Nationality
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Act (8 U.S.C. 1324(a)(1)(A), (2)(B)) in accordance
with this subsection.
(2) REQUIREMENTS.—In carrying out this sub-
section, the Commission shall, with respect to the of-
fenses described in paragraph (1)—
(A) increase the base offense level for such
offenses at least 3 offense levels above the ap-
plicable level in effect on the date of the enact-
ment of this Act;
(B) review the sentencing enhancement for
the number of aliens involved (U.S.S.G.
2L1.1(b)(2)), and increase the sentencing en-
hancement by at least 50 percent above the ap-
plicable enhancement in effect on the date of
the enactment of this Act;
(C) impose an appropriate sentencing en-
hancement upon an offender with 1 prior felony
conviction arising out of a separate and prior
prosecution for an offense that involved the
same or similar underlying conduct as the cur-
rent offense, to be applied in addition to any
sentencing enhancement that would otherwise
apply pursuant to the calculation of the defend-
ant’s criminal history category;
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(D) impose an additional appropriate sen-
tencing enhancement upon an offender with 2
or more prior felony convictions arising out of
separate and prior prosecutions for offenses
that involved the same or similar underling con-
duct as the current offense, to be applied in ad-
dition to any sentencing enhancement that
would otherwise apply pursuant to the calcula-
tion of the defendant’s criminal history cat-
egory;
(E) impose an appropriate sentencing en-
hancement on a defendant who, in the course of
committing an offense described in this sub-
section—
(i) murders or otherwise causes death,
bodily injury, or serious bodily injury to an
individual;
(ii) uses or brandishes a firearm or
other dangerous weapon; or
(iii) engages in conduct that con-
sciously or recklessly places another in se-
rious danger of death or serious bodily in-
jury;
(F) consider whether a downward adjust-
ment is appropriate if the offense is a first of-
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fense and involves the smuggling only of the
alien’s spouse or child; and
(G) consider whether any other aggravat-
ing or mitigating circumstances warrant up-
ward or downward sentencing adjustments.
(3) EMERGENCY AUTHORITY TO SENTENCING
COMMISSION.—The Commission shall promulgate
the guidelines or amendments provided for under
this subsection as soon as practicable in accordance
with the procedure set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority
under that Act had not expired.
(f) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED
STATES ATTORNEYS.
(a) IN GENERAL.—The number of Assistant United
States Attorneys employed by the Department of Justice
for the fiscal year 1997 shall be increased by at least 25
above the number of Assistant United States Attorneys
that were authorized to be employed as of September 30,
1996.
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(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall pros-
ecute persons who bring into the United States or harbor
illegal aliens or violate other criminal statutes involving
illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) IN GENERAL.—Title II is amended by adding at
the end the following new section:
‘‘UNDERCOVER INVESTIGATION AUTHORITY
‘‘SEC. 294. (a) IN GENERAL.—With respect to any
undercover investigative operation of the Service which is
necessary for the detection and prosecution of crimes
against the United States—
‘‘(1) sums appropriated for the Service may be
used for leasing space within the United States and
the territories and possessions of the United States
without regard to the following provisions of law:
‘‘(A) section 3679(a) of the Revised Stat-
utes (31 U.S.C. 1341),
‘‘(B) section 3732(a) of the Revised Stat-
utes (41 U.S.C. 11(a)),
‘‘(C) section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255),
‘‘(D) the third undesignated paragraph
under the heading ‘Miscellaneous’ of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
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‘‘(E) section 3648 of the Revised Statutes
(31 U.S.C. 3324),
‘‘(F) section 3741 of the Revised Statutes
(41 U.S.C. 22), and
‘‘(G) subsections (a) and (c) of section 304
of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 395; 41 U.S.C.
254 (a) and (c));
‘‘(2) sums appropriated for the Service may be
used to establish or to acquire proprietary corpora-
tions or business entities as part of an undercover
operation, and to operate such corporations or busi-
ness entities on a commercial basis, without regard
to the provisions of section 304 of the Government
Corporation Control Act (31 U.S.C. 9102);
‘‘(3) sums appropriated for the Service, and the
proceeds from the undercover operation, may be de-
posited in banks or other financial institutions with-
out regard to the provisions of section 648 of title
18, United States Code, and of section 3639 of the
Revised Statutes (31 U.S.C. 3302); and
‘‘(4) the proceeds from the undercover oper-
ation may be used to offset necessary and reasonable
expenses incurred in such operation without regard
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to the provisions of section 3617 of the Revised
Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any
action authorized by paragraph (1), (2), (3), or (4) is nec-
essary for the conduct of the undercover operation.
‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE-
QUIRED.—As soon as practicable after the proceeds from
an undercover investigative operation, carried out under
paragraphs (3) and (4) of subsection (a), are no longer
necessary for the conduct of the operation, the proceeds
or the balance of the proceeds remaining at the time shall
be deposited into the Treasury of the United States as
miscellaneous receipts.
‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND
BUSINESS ENTITIES.—If a corporation or business entity
established or acquired as part of an undercover operation
under paragraph (2) of subsection (a) with a net value
of over $50,000 is to be liquidated, sold, or otherwise dis-
posed of, the Service, as much in advance as the Commis-
sioner or Commissioner’s designee determines practicable,
shall report the circumstances to the Attorney General,
the Director of the Office of Management and Budget, and
the Comptroller General. The proceeds of the liquidation,
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sale, or other disposition, after obligations are met, shall
be deposited in the Treasury of the United States as mis-
cellaneous receipts.
‘‘(d) FINANCIAL AUDITS.—The Service shall conduct
detailed financial audits of closed undercover operations
on a quarterly basis and shall report the results of the
audits in writing to the Deputy Attorney General.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
293 the following:
‘‘Sec. 294. Undercover investigation authority.’’.
Subtitle B—Deterrence of
Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU-
LENT USE OF GOVERNMENT-ISSUED DOCU-
MENTS.
(a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED
IDENTIFICATION DOCUMENTS.—(1) Section 1028(b) of
title 18, United States Code, is amended—
(A) in paragraph (1), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(1)’’
and by striking ‘‘five years’’ and inserting ‘‘15
years’’;
(B) in paragraph (2), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(2)’’
and by striking ‘‘and’’ at the end;
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spouse or parent of such alien. No court
shall have jurisdiction to review a decision
or action by the Attorney General regard-
ing a waiver under this clause.
‘‘(C) 
ALIENS
UNLAWFULLY
PRESENT
AFTER PREVIOUS IMMIGRATION VIOLATIONS.—
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has been unlawfully present
in the United States for an aggregate
period of more than 1 year, or
‘‘(II) has been ordered removed
under section 235(b)(1), section 240,
or any other provision of law,
and who enters or attempts to reenter the
United States without being admitted is
inadmissible.
‘‘(ii) EXCEPTION.—Clause (i) shall
not apply to an alien seeking admission
more than 10 years after the date of the
alien’s last departure from the United
States if, prior to the alien’s reembar-
kation at a place outside the United States
or attempt to be readmitted from a foreign
contiguous territory, the Attorney General