Calendar No. 364
104TH CONGRESS
2D SESSION
H. R. 2202
AN ACT
To amend the Immigration and Nationality Act to
improve deterrence of illegal immigration to the
United States by increasing border patrol and in-
vestigative personnel, by increasing penalties for
alien smuggling and for document fraud, by re-
forming exclusion and deportation law and proce-
dures, by improving the verification system for
eligibility for employment, and through other
measures, to reform the legal immigration system
and facilitate legal entries into the United States,
and for other purposes.
APRIL 15, 1996
Received; read twice and placed on the calendar
II
Calendar No. 364
104TH CONGRESS
2D SESSION
H. R. 2202
IN THE SENATE OF THE UNITED STATES
APRIL 15, 1996
Received; read twice and placed on the calendar
AN ACT
To amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States
by increasing border patrol and investigative personnel,
by increasing penalties for alien smuggling and for docu-
ment fraud, by reforming exclusion and deportation law
and procedures, by improving the verification system for
eligibility for employment, and through other measures,
HR 2202 PCS
to reform the legal immigration system and facilitate
legal entries into the United States, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION
AND NATIONALITY ACT; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Immigration in the National Interest Act of 1996’’.
(b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
ITY ACT.—Except as otherwise specifically provided—
(1) whenever in this Act an amendment or re-
peal is expressed as the amendment or repeal of a
section or other provision, the reference shall be con-
sidered 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 as in effect on
the date of the enactment of this Act and before any
amendment made to such section or other provision
elsewhere in this Act.
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of
contents.
HR 2202 PCS
TITLE 
I—DETERRENCE 
OF 
ILLEGAL 
IMMIGRATION
THROUGH IMPROVED BORDER ENFORCEMENT, PILOT
PROGRAMS, AND INTERIOR ENFORCEMENT
Subtitle A—Improved Enforcement at 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. Prosecution of aliens repeatedly reentering the United States unlaw-
fully.
Sec. 107. Inservice training for the border patrol.
Sec. 108. Report.
Subtitle B—Pilot Programs
Sec. 111. Pilot program on interior repatriation.
Sec. 112. Pilot program on use of closed military bases for the detention of in-
admissible or deportable aliens.
Sec. 113. Pilot program to collect records of departing passengers.
Subtitle C—Interior Enforcement
Sec. 121. Increase in personnel for interior enforcement.
Sec. 122. Acceptance of state services to carry out deportation functions.
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 alien smuggling investigations.
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 civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents and for preparing
immigration documents without authorization.
Sec. 214. New criminal penalties for failure to disclose role as preparer of false
application for asylum and for preparing certain post-convic-
tion applications.
Sec. 215. Criminal penalty for knowingly presenting document which fails to
contain reasonable basis in law or fact.
Sec. 216. Criminal penalties for false claim to citizenship.
Subtitle C—Asset Forfeiture for Passport and Visa Offenses
Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
HR 2202 PCS
Sec. 223. Effective date.
TITLE III—INSPECTION, APPREHENSION, DETENTION, AD-
JUDICATION, AND REMOVAL OF INADMISSIBLE AND DE-
PORTABLE ALIENS
Subtitle A—Revision of Procedures for Removal of Aliens
Sec. 300. Overview of changes in removal procedures.
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—Removal of Alien Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS
Sec. 321. Removal procedures for alien terrorists.
Sec. 322. Funding for detention and removal of alien terrorists.
PART 2—INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS
Sec. 331. Membership in terrorist organization as ground of inadmissibility.
Sec. 332. Denial of relief for alien terrorists.
Subtitle C—Deterring Transportation of Unlawful Aliens to
the United States
Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.
Sec. 343. Provisions relating to contracts with transportation lines.
Subtitle D—Additional Provisions
Sec. 351. Definition of conviction.
Sec. 352. Immigration judges and compensation.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Demonstration project for identification of illegal aliens in incarcer-
ation facility of Anaheim, California.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry, and passport
and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
HR 2202 PCS
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain section 274C
violators.
Sec. 363. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 364. Confidentiality provision for certain alien battered spouses and chil-
dren.
Sec. 365. Authority for State and local law enforcement assistance in deporta-
tion.
TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST
EMPLOYMENT
Sec. 401. Pilot program for voluntary use of employment eligibility confirma-
tion process.
Sec. 402. Limiting liability for certain technical violations of paperwork require-
ments.
Sec. 403. Paperwork and other changes in the employer sanctions program.
Sec. 404. Strengthened enforcement of the employer sanctions provisions.
Sec. 405. Reports on earnings of aliens not authorized to work.
Sec. 406. Authorizing maintenance of certain information on aliens.
Sec. 407. Unfair immigration-related employment practices.
TITLE V—REFORM OF LEGAL IMMIGRATION SYSTEM
Subtitle A—Refugees
Sec. 501. Persecution for resistance to coercive population control methods.
Subtitle B—Asylum Reform
Sec. 511. Asylum reform.
Sec. 512. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 513. Increase in asylum officers.
TITLE VI—RESTRICTIONS ON BENEFITS FOR ALIENS
Sec. 600. Statements of national policy concerning welfare and immigration.
Subtitle A—Eligibility of Illegal Aliens for Public Benefits
PART 1—PUBLIC BENEFITS GENERALLY
Sec. 601. Making illegal aliens ineligible for public assistance, contracts, and li-
censes.
Sec. 602. Making unauthorized aliens ineligible for unemployment benefits.
Sec. 603. General exceptions.
Sec. 604. Treatment of expenses subject to emergency medical services excep-
tion.
Sec. 605. Report on disqualification of illegal aliens from housing assistance
programs.
Sec. 606. Verification of student eligibility for postsecondary Federal student fi-
nancial assistance.
Sec. 607. Payment of public assistance benefits.
Sec. 608. Definitions.
Sec. 609. Regulations and effective dates.
PART 2—HOUSING ASSISTANCE
HR 2202 PCS
Sec. 611. Actions in cases of termination of financial assistance.
Sec. 612. Verification of immigration status and eligibility for financial assist-
ance.
Sec. 613. Prohibition of sanctions against entities making financial assistance
eligibility determinations.
Sec. 614. Regulations.
PART 3—PUBLIC EDUCATION BENEFITS
Sec. 616. Authorizing States to deny public education benefits to aliens not
lawfully present in the United States.
Subtitle B—Expansion of Disqualification From Immigration
Benefits on the Basis of Public Charge
Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.
Subtitle C—Attribution of Income and Affidavits of Support
Sec. 631. Attribution of sponsor’s income and resources to family-sponsored im-
migrants.
Sec. 632. Requirements for sponsor’s affidavit of support.
Sec. 633. Cosignature of alien student loans.
Sec. 634. Statutory construction.
TITLE VII—FACILITATION OF LEGAL ENTRY
Sec. 701. Additional land border inspectors; infrastructure improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent documents.
TITLE VIII—MISCELLANEOUS PROVISIONS
Subtitle A—Amendments to the Immigration and Nationality
Act
Sec. 801. Nonimmigrant status for spouses and children of members of the
Armed Services.
Sec. 802. Amended definition of aggravated felony.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H–1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not lawfully present
in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Change of nonimmigrant classification.
Sec. 811. Certification requirements for foreign health-care workers.
Sec. 812. Computation of targeted assistance.
Subtitle B—Other Provisions
Sec. 831. Commission report on fraud associated with birth certificates.
Sec. 832. Uniform vital statistics.
HR 2202 PCS
Sec. 833. Communication between State and local government agencies, and
the Immigration and Naturalization Service.
Sec. 834. Regulations regarding habitual residence.
Sec. 835. Female genital mutilation.
Sec. 836. Designation of Portugal as a visa waiver pilot program country with
probationary status.
Sec. 837. Adjustment of status for certain Polish and Hungarian parolees.
Sec. 838. Support of demonstration projects.
Sec. 839. Treatment of certain aliens who served with special guerrilla units in
Laos.
Sec. 840. Sense of the Congress regarding the mission of the Immigration and
Naturalization Service.
Sec. 841. Authorization of reimbursement of certain Polish applicants for the
1995 diversity immigrant program.
Sec. 842. Sense of Congress; requirements regarding notice.
Sec. 843. Sense of the Congress with respect to State criminal alien assistance
program.
Subtitle C—Technical Corrections
Sec. 851. Miscellaneous technical corrections.
TITLE I—DETERRENCE OF ILLE-
GAL IMMIGRATION THROUGH
IMPROVED 
BORDER 
EN-
FORCEMENT, 
PILOT 
PRO-
GRAMS, AND INTERIOR EN-
FORCEMENT
Subtitle A—Improved Enforcement
at Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PER-
SONNEL.
(a) INCREASED NUMBER OF BORDER PATROL POSI-
TIONS.—The number of border patrol agents shall be in-
creased, for each fiscal year beginning with the fiscal year
1996 and ending with the fiscal year 2000, by 1,000 full-
time equivalent positions above the number of equivalent
positions as of September 30, 1994.
HR 2202 PCS
(b) INCREASE IN SUPPORT PERSONNEL.—The num-
ber of full-time support positions for personnel in support
of border enforcement, investigation, detention and depor-
tation, intelligence, information and records, legal pro-
ceedings, and management and administration in the Im-
migration and Naturalization Service shall be increased,
beginning with fiscal year 1996, by 800 positions above
the number of equivalent positions as of September 30,
1994.
(c) DEPLOYMENT
OF
NEW
BORDER
PATROL
AGENTS.—The Attorney General shall, to the maximum
extent practicable, ensure that the border patrol agents
hired pursuant to subsection (a) shall—
(1) be deployed among the various Immigration
and Naturalization Service sectors in proportion to
the level of illegal crossing of the borders of the
United States measured in each sector during the
preceding fiscal year and reasonably anticipated in
the next fiscal year, and
(2) be actively engaged in law enforcement ac-
tivities related to such illegal crossings.
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Commissioner of the Immigration and
Naturalization Service, shall take such actions as may be
HR 2202 PCS
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.
(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 shall promptly ac-
quire 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) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection not to exceed $12,000,000. Amounts
HR 2202 PCS
appropriated under this paragraph are authorized to
remain available until expended.
(c) WAIVER.—The provisions of the Endangered Spe-
cies Act of 1973 are waived to the extent the Attorney
General determines necessary to assure expeditious con-
struction of the barriers and roads under this section.
(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) REPORT.—By not later than 6 months after
the date of the enactment of this Act, the Attorney
General shall submit to the appropriate committees
of Congress a report on the progress and effective-
ness of such forward deployments.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECH-
NOLOGY.
The Attorney General is authorized to acquire and
utilize, for the purpose of detection, interdiction, and re-
duction of illegal immigration into the United States, any
Federal equipment (including fixed wing aircraft, heli-
HR 2202 PCS
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) 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) of such sentence shall apply to
cards presented on or after 3 years after the date
of the enactment of this Act.
HR 2202 PCS
(c) REPORT.—Not later than one year after the im-
plementation of clause (A) of the sentence added by the
amendment made by subsection (a) the Attorney General
shall submit to Congress a report on the impact of such
clause on border crossing activities.
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 new subsection:
‘‘(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.’’.
HR 2202 PCS
(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. PROSECUTION OF ALIENS REPEATEDLY REEN-
TERING THE UNITED STATES UNLAWFULLY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
such sums as may be necessary to provide for detention
and prosecution of each alien who commits an act that
constitutes a violation of section 275(a) of the Immigra-
tion and Nationality Act if the alien has committed such
an act on two previous occasions. Funds appropriated pur-
suant to this subsection are authorized to remain available
until expended.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Attorney General should use available re-
sources to assure detention and prosecution of aliens in
the cases described in subsection (a).
SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) REQUIREMENT.—Section 103 (8 U.S.C. 1103) is
amended by adding at the end the following new sub-
section:
‘‘(e)(1) The Attorney General shall continue to pro-
vide for such programs (including intensive language
HR 2202 PCS
training programs) of inservice training for full-time and
part-time personnel of the Border Patrol in contact with
the public as will familiarize the personnel with the rights
and varied cultural backgrounds of aliens and citizens in
order to ensure and safeguard the constitutional and civil
rights, personal safety, and human dignity of all individ-
uals, aliens as well as citizens, within the jurisdiction of
the United States with whom such personnel have contact
in their work.
‘‘(2) The Attorney General shall provide that the an-
nual report of the Service include a description of steps
taken to carry out paragraph (1).’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
such sums as may be necessary for fiscal year 1996 to
carry out the inservice training described in section
103(e)(1) of the Immigration and Nationality Act. The
funds appropriated pursuant to this subsection are au-
thorized to remain available until expended.
SEC. 108. REPORT.
The Attorney General, in consultation with the Sec-
retary of State and the Secretary of Defense, shall con-
tract with the Comptroller General to track, monitor, and
evaluate the Administration’s border strategy to deter ille-
gal entry, more commonly referred to as prevention
HR 2202 PCS
through deterrence. To determine the efficacy of the Ad-
ministration’s strategy and related efforts, the Comptrol-
ler General shall submit to Congress a report of its find-
ings within one year after the date of the enactment of
this Act and, for every year thereafter, up to and including
fiscal year 2000. Such a report shall include a collection
and systematic analysis of data, including workload indi-
cators, related to activities to deter illegal entry. Such a
report shall also include recommendations to improve and
increase border security at both the border and ports-of-
entry.
Subtitle B—Pilot Programs
SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.
(a) ESTABLISHMENT.—Not later than 120 days after
the date of the enactment of this Act, the Attorney Gen-
eral, after consultation with the Secretary of State, shall
establish a pilot program for up to 2 years which provides
for methods to deter multiple illegal entries by aliens into
the United States. The pilot program may include the de-
velopment and use of interior repatriation, third country
repatriation, and other disincentives for multiple illegal
entries into the United States.
(b) REPORT.—Not later than 30 months after the
date of the enactment of this Act, the Attorney General,
together with the Secretary of State, shall submit a report
HR 2202 PCS
to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate on the operation of the pilot
program under this section and whether the pilot program
or any part thereof should be extended or made perma-
nent.
SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY
BASES FOR THE DETENTION OF INADMIS-
SIBLE OR DEPORTABLE ALIENS.
(a) ESTABLISHMENT.—The Attorney General and
the Secretary of Defense shall establish one or more pilot
programs for up to 2 years each to determine the feasibil-
ity of the use of military bases available because of actions
under a base closure law as detention centers by the Immi-
gration and Naturalization Service. In selecting real prop-
erty at a military base for use as a detention center under
the pilot program, the Attorney General and the Secretary
shall consult with the redevelopment authority established
for the military base and give substantial deference to the
redevelopment plan prepared for the military base.
(b) REPORT.—Not later than 30 months after the
date of the enactment of this Act, the Attorney General,
together with the Secretary of State, shall submit a report
to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate, and the Committees on
Armed Services of the House of Representatives and of
HR 2202 PCS
the Senate, on the feasibility of using military bases closed
under a base closure law as detention centers by the Immi-
gration and Naturalization Service.
(c) DEFINITION.—For purposes of this section, the
term ‘‘base closure law’’ means each of the following:
(1) The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note).
(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
(3) Section 2687 of title 10, United States
Code.
(4) Any other similar law enacted after the date
of the enactment of this Act.
SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DE-
PARTING PASSENGERS.
(a) ESTABLISHMENT.—The Commissioner of the Im-
migration and Naturalization Service shall, within 180
days after the date of the enactment of this Act, establish
a pilot program in which officers of the Service 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. The program
shall be operated in as many air ports of entry as is
HR 2202 PCS
deemed appropriate, but at no less than 3 of the 5 air
ports of entry with the heaviest volume of incoming traffic
from foreign territories.
(b) REPORT.—
(1) DEADLINE.—The Commissioner shall sub-
mit a report to Congress not later than 2 years after
the date the pilot program is implemented under
subsection (a).
(2) INFORMATION.—The report shall include
the following information for each participating port
of entry:
(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
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 at
the port of entry as nonimmigrants, or as a vis-
itor under the visa waiver program under sec-
tion 217 of the Immigration and Nationality
Act, for whom no matching departure record
HR 2202 PCS
has been obtained through the pilot program or
through other means, with an accounting by the
alien’s country of nationality and date of arrival
in the United States.
(D) The estimated cost of establishing a
national system to verify the departure from
the United States of aliens admitted tempo-
rarily as nonimmigrants.
(3) RECOMMENDATIONS.—The report also shall
include specific recommendations for implementation
of the pilot program on a permanent basis.
(c) USE OF INFORMATION ON VISA OVERSTAYS.—In-
formation on instances of visa overstay identified through
the pilot program 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.
Subtitle C—Interior Enforcement
SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR EN-
FORCEMENT.
Subject to the availability of appropriations, the At-
torney General shall provide for an increase in the number
of investigators and enforcement personnel of the Immi-
gration and Naturalization Service who are deployed in
the interior so that the number of such personnel is ade-
HR 2202 PCS
quate properly to investigate violations of, and to enforce,
immigration laws.
SEC. 122. ACCEPTANCE OF STATE SERVICES TO CARRY OUT
DEPORTATION FUNCTIONS.
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, or any other officer of the Depart-
ment of Justice, under this Act in relation to deportation
of aliens in the United States (including investigation, ap-
prehension, detention, presentation of evidence on behalf
of the United States in administrative proceedings to de-
termine the deportability of any alien, conduct of such pro-
ceedings, or removal of aliens with respect to whom a final
order of deportation has been rendered) may carry out
such function at the expense of the State or political sub-
division 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
HR 2202 PCS
subdivision of a State performing a function under the
agreement shall have knowledge of, and adhere to, Federal
law relating to the function.
‘‘(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
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 agent of the At-
torney General who is required to supervise and direct the
individual, shall be set forth in a written agreement be-
tween the Attorney General and the State or political sub-
division.
‘‘(6) The Attorney General may not accept a service
under this subsection if the service will be used to displace
any Federal employee.
HR 2202 PCS
‘‘(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
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—
HR 2202 PCS
‘‘(A) to communicate with the Attorney General
regarding the immigration status of any individual,
including reporting a suspicion 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.’’.
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 ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(n),
(2) by redesignating paragraph (o) as para-
graph (p), and
(3) by inserting after paragraph (n) the follow-
ing new paragraph:
HR 2202 PCS
‘‘(o)(1) a felony violation of section 1028 (relat-
ing to production of false identification documenta-
tion), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passport), section
1544 (relating to misuse of passport), section 1546
(relating to fraud or misuse of visas, permits, or
other documents) of this title; or
‘‘(2) a violation of section 274, 277, or 278 of
the Immigration and Nationality Act (relating to the
smuggling of aliens); or’’.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN
SMUGGLING.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by inserting ‘‘section 1028 (relating to
fraud and related activity in connection with identi-
fication documents),’’ before ‘‘section 1029’’;
(2) by inserting ‘‘section 1542 (relating to false
statement in application and use of passport), sec-
tion 1543 (relating to forgery or false use of pass-
port), section 1544 (relating to misuse of passport),
section 1546 (relating to fraud and misuse of visas,
permits, and other documents), sections 1581–1588
HR 2202 PCS
(relating to peonage and slavery),’’ after ‘‘section
1513 (relating to retaliating against a witness, vic-
tim, or an informant),’’;
(3) by striking ‘‘or’’ before ‘‘(E)’’; and
(4) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
the Immigration and Nationality Act, section 274
(relating to bringing in and harboring certain
aliens), section 277 (relating to aiding or assisting
certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral
purpose)’’.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN
SMUGGLING.
(a) IN GENERAL.—Section 274(a)(1) (8 U.S.C.
1324(a)(1)) is amended—
(1) in subparagraph (B)(i), by inserting ‘‘or in
the case of a violation of subparagraph (A)(ii), (iii),
or (iv) in which the offense was done for the purpose
of commercial advantage or private financial gain’’
after ‘‘subparagraph (A)(i)’’, and
(2) by adding at the end the following new sub-
paragraph:
HR 2202 PCS
‘‘(C) Any person who engages in any conspiracy to
commit, or aids or abets the commission of, any of the
acts described in—
‘‘(i) subparagraph (A)(i) shall be fined under
title 18, United States Code, imprisoned not more
than 10 years, or both; or
‘‘(ii) clause (ii), (iii), or (iv) of subparagraph
(A) shall be fined under title 18, United States
Code, imprisoned not more than 5 years, or both.’’.
(b) SMUGGLING
OF ALIENS WHO WILL COMMIT
CRIMES.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is
amended—
(1) in subparagraph (B)—
(A) by striking ‘‘or’’ at the end of clause
(ii),
(B) by adding ‘‘or’’ at the end of clause
(iii), and
(C) by inserting after clause (iii) the fol-
lowing:
‘‘(iv) an offense committed with the
intent or with reason to believe that the
alien unlawfully brought into the United
States will commit an offense against the
United States or any State punishable by
imprisonment for more than 1 year,’’; and
HR 2202 PCS
(2) by striking ‘‘be fined’’ and all that follows
through the final period at the end and inserting the
following: ‘‘be fined under title 18, United States
Code, and shall be imprisoned not less than 3 years
or more than 10 years.’’.
(c) 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’’.
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 25 above
the number of Assistant United States Attorneys that
were authorized to be employed as of September 30, 1996.
(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.
HR 2202 PCS
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),
‘‘(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
HR 2202 PCS
‘‘(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
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
HR 2202 PCS
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,
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
HR 2202 PCS
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.—Section 1028(b) of title
18, United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(1)’’
and by striking ‘‘five years’’ and inserting ‘‘15
years’’;
(2) in paragraph (2), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(2)’’
and by striking ‘‘and’’ at the end;
(3) by redesignating paragraph (3) as para-
graph (5); and
(4) by inserting after paragraph (2) the follow-
ing new paragraphs:
HR 2202 PCS
‘‘(3) a fine under this title or imprisonment for
not more than 20 years, or both, if the offense is
committed to facilitate a drug trafficking crime (as
defined in section 929(a)(2) of this title);
‘‘(4) a fine under this title or imprisonment for
not more than 25 years, or both, if the offense is
committed to facilitate an act of international terror-
ism (as defined in section 2331(1) of this title);
and’’.
(b) CHANGES TO THE SENTENCING LEVELS.—Pur-
suant to section 944 of title 28, United States Code, and
section 21 of the Sentencing Act of 1987, the United
States Sentencing Commission shall promulgate guide-
lines, or amend existing guidelines, relating to defendants
convicted of violating, or conspiring to violate, sections
1546(a) and 1028(a) of title 18, United States Code. The
basic offense level under section 2L2.1 of the United
States Sentencing Guidelines shall be increased to—
(1) not less than offense level 15 if the offense
involves 100 or more documents;
(2) not less than offense level 20 if the offense
involves 1,000 or more documents, or if the docu-
ments were used to facilitate any other criminal ac-
tivity described in section 212(a)(2)(A)(i)(II) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
HR 2202 PCS
1182(a)(A)(i)(II)) or in section 101(a)(43) of such
Act; and
(3) not less than offense level 25 if the offense
involves—
(A) the provision of documents to a person
known or suspected of engaging in a terrorist
activity (as such terms are defined in section
212(a)(3)(B) of the Immigration and National-
ity Act (8 U.S.C. 1182(a)(3)(B));
(B) the provision of documents to facilitate
a terrorist activity or to assist a person to en-
gage in terrorist activity (as such terms are de-
fined in section 212(a)(3)(B) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(3)(B)); or
(C) the provision of documents to persons
involved in racketeering enterprises (described
in section 1952(a) of title 18, United States
Code).
SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.
(a) ACTIVITIES PROHIBITED.—Section 274C(a) (8
U.S.C. 1324c(a)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(3);
HR 2202 PCS
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘, or’’; and
(3) by adding at the end the following:
‘‘(5) in reckless disregard of the fact that the
information is false or does not relate to the appli-
cant, to prepare, to file, or to assist another in pre-
paring or filing, documents which are falsely made
for the purpose of satisfying a requirement of this
Act.
For purposes of this section, the term ‘falsely made’ in-
cludes, with respect to a document or application, the
preparation or provision of the document or application
with knowledge or in reckless disregard of the fact that
such document contains a false, fictitious, or fraudulent
statement or material representation, or has no basis in
law or fact, or otherwise fails to state a material fact per-
taining to the document or application.’’.
(b) CONFORMING AMENDMENTS
FOR CIVIL PEN-
ALTIES.—Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is
amended by striking ‘‘each document used, accepted, or
created and each instance of use, acceptance, or creation’’
both places it appears and inserting ‘‘each instance of a
violation under subsection (a)’’.
(c) EFFECTIVE DATES.—(1) The amendments made
by subsection (a) shall apply to the preparation or filing
HR 2202 PCS
of documents, and assistance in such preparation or filing,
occurring on or after the date of the enactment of this
Act.
(2) The amendment made by subsection (b) shall
apply to violations occurring on or after the date of the
enactment of this Act.
SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT
DOCUMENTS AND FOR PREPARING IMMIGRA-
TION 
DOCUMENTS 
WITHOUT 
AUTHORIZA-
TION.
(a) IN
GENERAL.—Section 274C(a) (8 U.S.C.
1324c(a)), as amended by section 212(a), is further
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting a comma;
(3) by inserting after paragraph (5) the follow-
ing new paragraphs:
‘‘(6) to present before boarding a common car-
rier for the purpose of coming to the United States
a document which relates to the alien’s eligibility to
enter the United States and to fail to present such
document to an immigration officer upon arrival at
a United States port of entry, or
HR 2202 PCS
‘‘(7) to prepare or assist in the preparation and
submission of immigration forms, petitions, and ap-
plications if the person or entity is not authorized to
represent aliens, or to prepare or assist in the prepa-
ration and submission of such forms, petitions, and
applications pursuant to regulations promulgated by
the Attorney General.’’; and
(4) by adding at the end the following:
‘‘The Attorney General may, in the discretion of the Attor-
ney General, waive the penalties of this section with re-
spect to an alien who knowingly violates paragraph (6)
if the alien is granted asylum under section 208 or with-
holding of deportation under section 243(h).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to individuals who board a com-
mon carrier on or after 30 days after the date of the enact-
ment of this Act.
SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS-
CLOSE ROLE AS PREPARER OF FALSE APPLI-
CATION FOR ASYLUM AND FOR PREPARING
CERTAIN POST-CONVICTION APPLICATIONS.
Section 274C (8 U.S.C. 1324c) is amended by adding
at the end the following new subsection:
‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS-
CLOSE ROLE AS DOCUMENT PREPARER.—
HR 2202 PCS
‘‘(1) If a person is required by law or regulation
to disclose the fact that the person, on behalf of an-
other person and for a fee or other remuneration,
has prepared or assisted in preparing an application
for asylum pursuant to section 208, or the regula-
tions promulgated thereunder, and the person know-
ingly and willfully fails to disclose, conceals, or cov-
ers up such fact, and the application was falsely
made, the person shall—
‘‘(A) be imprisoned for not less than 2 nor
more than 5 years, fined in accordance with
title 18, United States Code, or both, and
‘‘(B) be prohibited from preparing or as-
sisting in preparing, regardless of whether for
a fee or other remuneration, any other such ap-
plication for a period of at least 5 years and not
more than 15 years.
‘‘(2) Whoever, having been convicted of a viola-
tion of paragraph (1), knowingly and willfully pre-
pares or assists in preparing an application for asy-
lum pursuant to section 208, or the regulations pro-
mulgated thereunder, regardless of whether for a fee
or other remuneration, in violation of paragraph
(1)(B) shall be imprisoned for not less than 5 years
or more than 15 years, fined in accordance with title
HR 2202 PCS
18, United States Code, or both, and prohibited
from preparing or assisting in preparing any other
such application.’’.
SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENT-
ING DOCUMENT WHICH FAILS TO CONTAIN
REASONABLE BASIS IN LAW OR FACT.
The fourth paragraph of section 1546(a) of title 18,
United States Code, is amended by striking ‘‘containing
any such false statement’’ and inserting ‘‘which contains
any such false statement or which fails to contain any rea-
sonable basis in law or fact’’.
SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITI-
ZENSHIP.
Section 1015 of title 18, United States Code, is
amended—
(1) by striking the dash at the end of para-
graph (d) and inserting ‘‘; or’’, and
(2) by inserting after paragraph (d) the follow-
ing:
‘‘(e) Whoever knowingly makes any false statement
or claim that he is, or at any time has been, a citizen
or national of the United States, with the intent to obtain
on behalf of himself, or any other person, any Federal ben-
efit or service, or to engage unlawfully in employment in
the United States; or
HR 2202 PCS
‘‘(f) Whoever knowingly makes any false statement
or claim that he is a citizen of the United States in order
to register to vote or to vote in any Federal, State, or
local election (including an initiative, recall, or referen-
dum)—’’.
Subtitle C—Asset Forfeiture for
Passport and Visa Offenses
SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA
RELATED OFFENSES.
Section 982 of title 18, United States Code, is
amended—
(1) in subsection (a), by inserting after para-
graph (5) the following new paragraph:
‘‘(6) The court, in imposing sentence on a person con-
victed of a violation of, or conspiracy to violate, section
1541, 1542, 1543, 1544, or 1546 of this title, or a viola-
tion of, or conspiracy to violate, section 1028 of this title
if committed in connection with passport or visa issuance
or use, shall order that the person forfeit to the United
States any property, real or personal, which the person
used, or intended to be used, in committing, or facilitating
the commission of, the violation, and any property con-
stituting, or derived from, or traceable to, any proceeds
the person obtained, directly or indirectly, as a result of
such violation.’’, and
HR 2202 PCS
(2) in subsection (b)(1)(B), by inserting ‘‘or
(a)(6)’’ after ‘‘(a)(2)’’.
SEC. 222. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is
amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,
1546,’’ before ‘‘1956’’.
SEC. 223. EFFECTIVE DATE.
The amendments made by this subtitle shall take ef-
fect on the first day of the first month that begins more
than 90 days after the date of the enactment of this Act.
TITLE III—INSPECTION, APPRE-
HENSION, DETENTION, ADJU-
DICATION, AND REMOVAL OF
INADMISSIBLE AND DEPORT-
ABLE ALIENS
Subtitle A—Revision of Procedures
for Removal of Aliens
SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCE-
DURES.
This subtitle amends the provisions of the Immigra-
tion and Nationality Act relating to procedures for inspec-
tion, exclusion, and deportation of aliens so as to provide
for the following:
(1) EXPEDITED REMOVAL FOR UNDOCUMENTED
ALIENS.—Aliens arriving without valid documents