135
Title III, Subtitle A
(G) 
Section 
212(j)(1)(D) 
(8 
U.S.C.
1182(j)(1)(D)).
(H) 
Section 
214(c)(2)(A) 
(8 
U.S.C.
1184(c)(2)(A)).
(I) Section 214(d) (8 U.S.C. 1184(d)).
(J) Section 216(b)(1)(A)(i) (8 U.S.C.
1186a(b)(1)(A)(i)).
(K) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
(L) Section 240(b) (8 U.S.C. 1230(b)).
(M) 
Section 
241(a)(1)(G) 
(8 
U.S.C.
1251(a)(1)(G)).
(N) 
Section 
241(a)(1)(H) 
(8 
U.S.C.
1251(a)(1)(H)), other than the last time it ap-
pears.
(O) Paragraphs (2) and (4) of section
241(a) (8 U.S.C. 1251(a)).
(P) 
Section 
245(e)(3) 
(8 
U.S.C.
1255(e)(3)).
(Q) Section 247(a) (8 U.S.C. 1257(a)).
(R) Section 601(c)(2) of the Immigration
Act of 1990.
(2) The following provisions are amended by
striking ‘‘enter’’ and inserting ‘‘be admitted’’:
(A) Section 204(e) (8 U.S.C. 1154(e)).
136
Title III, Subtitle A
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) 
Section 
245(e)(2) 
(8 
U.S.C.
1255(e)(2)).
(3) The following provisions are amended by
striking ‘‘enters’’ and inserting ‘‘is admitted to’’:
(A) Section 212(j)(1)(D)(ii) (8 U.S.C.
1154(e)).
(B) 
Section 
214(c)(5)(B) 
(8 
U.S.C.
1184(c)(5)(B)).
(4) Section 238(a) (8 U.S.C. 1228(a)) is
amended by striking ‘‘entry and inspection’’ and in-
serting ‘‘inspection and admission’’.
(5) 
Section 
241(a)(1)(H)(ii) 
(8 
U.S.C.
1251(a)(1)(H)(ii)) is amended by striking ‘‘at
entry’’.
(6) Section 7 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403h) is amended by strik-
ing ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘enter-
ing’’ and inserting ‘‘that the admission’’, ‘‘admitted
to’’, and ‘‘admitted to’’.
(7) Section 4 of the Atomic Weapons and Spe-
cial Nuclear Materials Rewards Act (50 U.S.C. 47c)
is amended by striking ‘‘entry’’ and inserting ‘‘ad-
mission’’.
137
Title III, Subtitle A
(g) CONFORMING REFERENCES
TO REORGANIZED
SECTIONS.—
(1) REFERENCES TO SECTIONS 232, 234, 238,
239, 240, 241, 242A, AND 244A.—Any reference in law
in effect on the day before the date of the enactment
of this Act to section 232, 234, 238, 239, 240, 241,
242A, or 244A of the Immigration and Nationality
Act (or a subdivision of such section) is deemed, as
of the title III–A effective date, to refer to section
232(a), 232(b), 233, 234, 234A, 237, 238, or 244
of such Act (or the corresponding subdivision of
such section), as redesignated by this subtitle. Any
reference in law to section 241 (or a subdivision of
such section) of the Immigration and Nationality
Act in an amendment made by a subsequent subtitle
of this title is deemed a reference (as of the title
III–A effective date) to section 237 (or the cor-
responding subdivision of such section), as redesig-
nated by this subtitle.
(2) REFERENCES TO SECTION 106.—
(A) 
Sections 
242A(b)(3) 
and
242A(c)(3)(A)(ii) 
(8 
U.S.C. 
1252a(b)(3),
1252a(c)(3)(A)(ii)), as amended by section
815(b)(14) but before redesignation as section
138
Title III, Subtitle A
238 by subsection (b)(6), are each amended by
striking ‘‘106’’ and inserting ‘‘242’’.
(B) 
Sections 
210(e)(3)(A) 
and
245A(f)(4)(A) 
(8 
U.S.C. 
1160(e)(3)(A),
1255a(f)(4)(A)) are amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘106’’.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section
815(b)(14) but before redesignation as section
238 by subsection (b)(6), is amended by strik-
ing ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.
(3) REFERENCES TO SECTION 236.—
(A) Sections 205 and 209(a)(1) (8 U.S.C.
1155, 1159(a)(1)) are each amended by strik-
ing ‘‘236’’ and inserting ‘‘240’’.
(B) Section 4113(c) of title 18, United
States Code, is amended by striking ‘‘1226 of
title 8, United States Code’’ and inserting ‘‘sec-
tion 240 of the Immigration and Nationality
Act’’.
(4) REFERENCES TO SECTION 237.—
(A) 
Section 
209(a)(1) 
(8 
U.S.C.
1159(a)(1)) is amended by striking ‘‘237’’ and
inserting ‘‘241’’.
139
Title III, Subtitle A
(B) 
Section 
212(a)(9)(B) 
(8 
U.S.C.
1182(a)(9)(B)) is amended by striking ‘‘section
237(e)’’ and inserting ‘‘section 232(c)’’.
(C) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)) is amended by striking ‘‘237(a)’’
and inserting ‘‘241(c)’’.
(D) Section 280(a) (8 U.S.C. 1330(a)) is
amended by striking ‘‘237, 239, 243’’ and in-
serting ‘‘234, 243(c)(2)’’.
(5) REFERENCES TO SECTION 242.—
(A)(i) Sections 214(d), 252(b), 280(b)(2),
and 287(f)(1) (8 U.S.C. 1184(d), 1282(b),
1330(b)(2), 1357(f)(1)) are each amended by
striking ‘‘242’’ and inserting ‘‘240’’.
(ii) Subsections (a)(1) and (c)(4) of section
242A (8 U.S.C. 1252a), as amended by section
815(b)(14) but before redesignation as section
238 by section 308(b)(6), are each amended by
striking ‘‘242’’ and inserting ‘‘240’’.
(iii) Section 245A(a)(1)(B) (8 U.S.C.
1255a(a)(1)(B)) is amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘242’’.
(iv) Section 4113(b) of title 18, United
States Code, is amended by striking ‘‘242’’ and
inserting ‘‘240’’.
140
Title III, Subtitle A
(v) Section 8(c) of the Foreign Agents
Registration Act of 1938 (as amended) (22
U.S.C. 618(c)) is amended by striking ‘‘242’’
and inserting ‘‘240’’.
(vi) Section 9 of the Peace Corps Act (22
U.S.C. 2508) is amended by striking ‘‘242’’ and
inserting ‘‘240’’.
(B) 
Section 
242A(a)(2) 
(8 
U.S.C.
1252a(a)(2)), before redesignation as section
238 by section 308(b)(6), is amended by strik-
ing ‘‘section 242(a)(2)’’ and inserting ‘‘section
236(c)’’.
(C) Section 130002(a) of Public Law 103–
322 is amended by striking ‘‘242(a)(3)(A)’’ and
inserting ‘‘236(d)’’.
(D) 
Section 
242A(b)(1) 
(8 
U.S.C.
1252a(b)(1)), before redesignation as section
238 by section 308(b)(6), is amended by strik-
ing ‘‘242(b)’’ and inserting ‘‘240’’.
(E) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section
815(b)(14) but before redesignation as section
238 by section 308(b)(6), is amended by strik-
ing ‘‘242(b)’’ and inserting ‘‘240’’.
141
Title III, Subtitle A
(F) Section 4113(a) of title 18, United
States Code, is amended by striking ‘‘242(b)’’
and inserting ‘‘240B’’.
(G) Section 1821(e) of title 28, United
States Code, is amended by striking ‘‘242(b)’’
and inserting ‘‘240’’.
(H) Section 225 of the Immigration and
Nationality Technical Corrections Act of 1994
(Public Law 103–416) is amended by striking
‘‘242(i)’’ and inserting ‘‘239(d)’’.
(I) Section 130007(a) of Public Law 103–
322 is amended by striking ‘‘242(i)’’ and in-
serting ‘‘239(d)’’.
(J) Section 20301(c) of Public Law 103–
322 is amended by striking ‘‘242(j)(5)’’ and
‘‘242(j)’’ 
and 
inserting 
‘‘241(h)(5)’’ 
and
‘‘241(h)’’, respectively.
(6) REFERENCES TO SECTION 242B.—
(A) Section 303(d)(2) of the Immigration
Act of 1990 is amended by striking ‘‘242B’’
and inserting ‘‘240(b)(5)’’.
(B) Section 545(g)(1)(B) of the Immigra-
tion Act of 1990 is amended by striking
‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.
(7) REFERENCES TO SECTION 243.—
142
Title III, Subtitle A
(A)(i) Section 214(d) (8 U.S.C. 1184(d))
is amended by striking ‘‘243’’ and inserting
‘‘241’’.
(ii) Section 8(c) of the Foreign Agents
Registration Act of 1938 (as amended) (22
U.S.C. 618(c)) is amended by striking ‘‘243’’
and inserting ‘‘241’’.
(iii) Section 9 of the Peace Corps Act (22
U.S.C. 2508) is amended by striking ‘‘243’’ and
inserting ‘‘241’’.
(B) 
Section 
236(e)(2) 
(8 
U.S.C.
1226(e)(2)) is amended by striking ‘‘section
243(g)’’ and inserting ‘‘section 243(d)’’.
(C)(i) Section 315(c) of Public Law 99–
603 is amended by striking ‘‘243(g)’’ and in-
serting ‘‘243(d)’’.
(ii) Section 315(c) of the Immigration Re-
form and Control Act of 1986 is amended by
striking ‘‘243(g)’’ and inserting ‘‘243(d)’’.
(iii) Section 702(b) of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
143
Title III, Subtitle A
(iv) Section 903(b) of Public Law 100–204
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(D)(i) Section 6(f)(2)(F) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is
amended by striking ‘‘243(h)’’ and inserting
‘‘241(b)(3)’’.
(ii) Section 214(a)(5) of the Housing and
Community Development Act of 1980 (42
U.S.C. 1436a(a)(5)) is amended by striking
‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.
(E)(i) Section 244A(c)(2)(B)(ii) (8 U.S.C.
1254a(c)(2)(B)(ii)) is amended by striking
‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.
(ii) Section 202(a)(3) of the Immigration
Reform and Control Act of 1986 is amended by
striking 
‘‘243(h)(2)’’ 
and 
inserting
‘‘241(b)(3)(B)’’.
(iii) Section 301(e)(2) of the Immigration
Act 
of 
1990 
is 
amended 
by 
striking
‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.
(F) Section 316(f) (8 U.S.C. 1427(f)) is
amended 
by 
striking 
‘‘subparagraphs 
(A)
through (D) of paragraph 243(h)(2)’’ and in-
144
Title III, Subtitle A
serting ‘‘clauses (i) through (iv) of section
241(b)(3)(B)’’.
(8) REFERENCES TO SECTION 244.—
(A)(i) Sections 201(b)(1)(D) and 244A(e)
(8 U.S.C. 1151(b)(1)(D), 1254a(e)) are each
amended by striking ‘‘244(a)’’ and inserting
‘‘240A(a)’’.
(ii) Section 304(c)(1)(A) of the Miscellane-
ous and Technical Immigration and Naturaliza-
tion Amendments of 1991 (Public Law 102–
232) is amended by striking ‘‘244(a)’’ and in-
serting ‘‘244A(a)’’.
(B) Section 304(c)(1)(B) of the Mis-
cellaneous and Technical Immigration and Nat-
uralization Amendments of 1991 (Public Law
102–232) is amended by striking ‘‘244(a)(2)’’
and inserting ‘‘240A(a)(2)’’.
(C) Section 4113(a) of title 18, United
States Code, is amended by striking ‘‘244(e)’’
and inserting ‘‘240B(e)’’.
(D) Section 242B(e)(2)(A) (8 U.S.C.
1252b(e)(2)(A)) is amended by striking ‘‘sec-
tion 
244(e)(1)’’ 
and 
inserting 
‘‘section
240B(e)(1)’’.
(9) REFERENCES TO CHAPTER 5.—
145
Title III, Subtitle A
(A) Sections 266(b), 266(c), and 291 (8
U.S.C. 1306(b), 1306(c), 1361) are each
amended by striking ‘‘chapter 5’’ and inserting
‘‘chapter 4’’.
(B) Section 6(b) of the Act of August 1,
1956 (50 U.S.C. 855(b)) is amended by strik-
ing ‘‘chapter 5, title II, of the Immigration and
Nationality Act (66 Stat. 163)’’ and inserting
‘‘chapter 4 of title II of the Immigration and
Nationality Act’’.
(10) MISCELLANEOUS CROSS-REFERENCE COR-
RECTIONS FOR NEWLY ADDED PROVISIONS.—
(A) The last sentence of section 208(a), as
added by section 332(a), is amended by striking
‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.
(B) Section 245(c)(6), as amended by sec-
tion 
333(d), 
is 
amended 
by 
striking
‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.
(C) The last sentence of section 246(a), as
added by section 353(a), is amended by striking
‘‘deport the alien under sections 242 and
242A’’ and inserting ‘‘remove the alien under
section 240’’.
146
Title III, Subtitle A
(D) Section 249(d), as amended by section
333(e), is amended by striking ‘‘241(a)(4)(B)’’
and inserting ‘‘237(a)(4)(B)’’.
(E) Section 276(b)(3), as inserted by sec-
tion 321(b), is amended by striking ‘‘excluded’’
and ‘‘excludable’’ and inserting ‘‘removed’’ and
‘‘inadmissible’’, respectively.
(F) Section 505(c)(7), as added by section
321(a)(1), is amended by amending subpara-
graphs (B) through (D) to read as follows:
‘‘(B) Withholding of removal under section
241(b)(3).
‘‘(C) Cancellation of removal under section
240A.
‘‘(D) Voluntary departure under section
240B.’’.
(G) Section 506(b)(2)(B), as added by sec-
tion 321(a)(1), is amended by striking ‘‘depor-
tation’’ and inserting ‘‘removal’’.
(H) Section 508(c)(2)(D), as added by sec-
tion 321(a)(1), is amended by striking ‘‘exclu-
sion because such alien is excludable’’ and in-
serting ‘‘removal because such alien is inadmis-
sible’’.
148
Title III, Subtitle A
(B) the proceedings (including judicial re-
view thereof) shall continue to be conducted
without regard to such amendments.
(2) ATTORNEY GENERAL OPTION TO ELECT TO
APPLY NEW PROCEDURES.—In a case described in
paragraph (1) in which an evidentiary hearing under
section 236 or 242 and 242B of the Immigration
and Nationality Act has not commenced as of the
title III–A effective date, the Attorney General may
elect to proceed under chapter 4 of title II of such
Act (as amended by this subtitle). The Attorney
General shall provide notice of such election to the
alien involved not later than 30 days before the date
any evidentiary hearing is commenced. If the Attor-
ney General makes such election, the notice of hear-
ing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided
under section 239 of such Act (as amended by this
subtitle) to confer jurisdiction on the immigration
judge.
(3) ATTORNEY
GENERAL
OPTION
TO
TERMI-
NATE AND REINITIATE PROCEEDINGS.—In the case
described in paragraph (1), the Attorney General
may elect to terminate proceedings in which there
has not been a final administrative decision and to
149
Title III, Subtitle A
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by
this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated
proceeding.
(4) TRANSITIONAL CHANGES IN JUDICIAL RE-
VIEW.—In the case described in paragraph (1) in
which a final order of exclusion or deportation is en-
tered more than 30 days after the date of the enact-
ment of this Act, notwithstanding any provision of
section 106 of the Immigration and Nationality Act
(as in effect as of the date of the enactment of this
Act) to the contrary—
(A) in the case of judicial review of a final
order of exclusion, subsection (b) of such sec-
tion shall not apply and the action for judicial
review shall be governed by the provisions of
subsections (a) and (c) of such in the same
manner as they apply to judicial review of or-
ders of deportation;
(B) a court may not order the taking of
additional evidence under section 2347(c) of
title 28, United States Code;
150
Title III, Subtitle A
(C) the petition for judicial review must be
filed not later than 30 days after the date of
the final order of exclusion or deportation; and
(D) the petition for review shall be filed
with the court of appeals for the judicial circuit
in which the administrative proceedings before
the special inquiry officer or immigration judge
were completed.
(5) TRANSITIONAL
RULE
WITH
REGARD
TO
SUSPENSION OF DEPORTATION.—In applying section
244(a) of the Immigration and Nationality Act (as
in effect before the date of the enactment of this
Act) with respect to an application for suspension of
deportation which is filed before, on, or after the
date of the enactment of this Act and which has not
been adjudicated as of 30 days after the date of the
enactment of this Act, the period of continuous
physical presence under such section shall be deemed
to have ended on the date the alien was served an
order to show cause pursuant to section 242A of
such Act (as in effect before such date of enact-
ment).
(6) TRANSITION FOR CERTAIN FAMILY UNITY
ALIENS.—The Attorney General may waive the ap-
plication of section 212(a)(9) of the Immigration
151
Title III, Subtitle A
and Nationality Act, as inserted by section 301(b) of
this subtitle, in the case of an alien who is provided
benefits under the provisions of section 301 of the
Immigration Act of 1990 (relating to family unity).
(d) TRANSITIONAL REFERENCES.—For purposes of
carrying out the Immigration and Nationality Act, as
amended by this subtitle—
(1) any reference in section 212(a)(1)(A) of
such Act to the term ‘‘inadmissible’’ is deemed to in-
clude a reference to the term ‘‘excludable’’, and
(2) any reference in law to an order of removal
shall be deemed to include a reference to an order
of exclusion and deportation or an order of deporta-
tion.
(e) TRANSITION.—No period of time before the date
of the enactment of this Act shall be included in the period
of 1 year described in section 212(a)(6)(B)(i) of the Immi-
gration and Nationality Act (as amended by section
301(d)).
152
Title III, Subtitle B
Subtitle B—Removal of Alien
Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended—
(1) by adding at the end of the table of con-
tents the following:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist
with classified information.
‘‘Sec. 503. Application for initiation of special removal proceeding.
‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Special removal hearings.
‘‘Sec. 506. Consideration of classified information.
‘‘Sec. 507. Appeals.
‘‘Sec. 508. Detention and custody.’’,
and
(2) by adding at the end the following new title:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES
FOR ALIEN TERRORISTS
‘‘DEFINITIONS
‘‘SEC. 501. In this title:
‘‘(1) The term ‘alien terrorist’ means an alien
described in section 241(a)(4)(B).
153
Title III, Subtitle B
‘‘(2) The term ‘classified information’ has the
meaning given such term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.).
‘‘(3) The term ‘national security’ has the mean-
ing given such term in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.).
‘‘(4) The term ‘special attorney’ means an at-
torney who is on the panel established under section
502(e).
‘‘(5) The term ‘special removal court’ means
the court established under section 502(a).
‘‘(6) The term ‘special removal hearing’ means
a hearing under section 505.
‘‘(7) The term ‘special removal proceeding’
means a proceeding under this title.
‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL
OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR-
MATION
‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of
the United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to
conduct all special removal proceedings.
‘‘(b) TERMS.—Each judge designated under sub-
section (a) shall serve for a term of 5 years and shall be
eligible for redesignation, except that the four associate
154
Title III, Subtitle B
judges first so designated shall be designated for terms
of one, two, three, and four years so that the term of one
judge shall expire each year.
‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly
designate one of the judges of the special removal court
to be the chief judge of the court. The chief judge shall
promulgate rules to facilitate the functioning of the court
and shall be responsible for assigning the consideration
of cases to the various judges.
‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF
PROCEEDINGS.—The provisions of section 103(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(c)) shall apply to proceedings under this title in the
same manner as they apply to proceedings under such Act.
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—The special removal court shall provide for the
designation of a panel of attorneys each of whom—
‘‘(1) has a security clearance which affords the
attorney access to classified information, and
‘‘(2) has agreed to represent permanent resi-
dent aliens with respect to classified information
under section 506 in accordance with (and subject to
the penalties under) this title.
156
Title III, Subtitle B
‘‘(4) A statement of the facts and cir-
cumstances relied on by the Department of Justice
to establish that—
‘‘(A) the alien is an alien terrorist and is
physically present in the United States, and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the re-
moval of aliens would pose a risk to the na-
tional security of the United States.
‘‘(5) An oath or affirmation respecting each of
the facts and statements described in the previous
paragraphs.
‘‘(c) RIGHT TO DISMISS.—The Department of Jus-
tice retains the right to dismiss a removal action under
this title at any stage of the proceeding.
‘‘CONSIDERATION OF APPLICATION
‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap-
plication under section 503 to the special removal court,
a single judge of the court shall be assigned to consider
the application. The judge, in accordance with the rules
of the court, shall consider the application and may con-
sider other information, including classified information,
presented under oath or affirmation. The judge shall con-
sider the application (and any hearing thereof) in camera
and ex parte. A verbatim record shall be maintained of
any such hearing.
157
Title III, Subtitle B
‘‘(b) APPROVAL OF ORDER.—The judge shall enter
ex parte the order requested in the application if the judge
finds, on the basis of such application and such other in-
formation (if any), that there is probable cause to believe
that—
‘‘(1) the alien who is the subject of the applica-
tion has been correctly identified and is an alien ter-
rorist, and
‘‘(2) adherence to the provisions of title II re-
garding the removal of the identified alien would
pose a risk to the national security of the United
States.
‘‘(c) DENIAL OF ORDER.—If the judge denies the
order requested in the application, the judge shall prepare
a written statement of the judge’s reasons for the denial.
‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is
issued under this section with respect to an alien—
‘‘(1) the alien’s rights regarding removal and
expulsion shall be governed solely by the provisions
of this title, and
‘‘(2) except as they are specifically referenced,
no other provisions of this Act shall be applicable.
‘‘SPECIAL REMOVAL HEARINGS
‘‘SEC. 505. (a) IN GENERAL.—In any case in which
the application for the order is approved under section
504, a special removal hearing shall be conducted under
158
Title III, Subtitle B
this section for the purpose of determining whether the
alien to whom the order pertains should be removed from
the United States on the grounds that the alien is an alien
terrorist. Consistent with section 506, the alien shall be
given reasonable notice of the nature of the charges
against the alien and a general account of the basis for
the charges. The alien shall be given notice, reasonable
under all the circumstances, of the time and place at which
the hearing will be held. The hearing shall be held as expe-
ditiously as possible.
‘‘(b) USE OF SAME JUDGE.—The special removal
hearing shall be held before the same judge who granted
the order pursuant to section 504 unless that judge is
deemed unavailable due to illness or disability by the chief
judge of the special removal court, or has died, in which
case the chief judge shall assign another judge to conduct
the special removal hearing. A decision by the chief judge
pursuant to the preceding sentence shall not be subject
to review by either the alien or the Department of Justice.
‘‘(c) RIGHTS IN HEARING.—
‘‘(1) PUBLIC
HEARING.—The special removal
hearing shall be open to the public.
‘‘(2) RIGHT OF COUNSEL.—The alien shall have
a right to be present at such hearing and to be rep-
resented by counsel. Any alien financially unable to
159
Title III, Subtitle B
obtain counsel shall be entitled to have counsel as-
signed to represent the alien. Such counsel shall be
appointed by the judge pursuant to the plan for fur-
nishing representation for any person financially un-
able to obtain adequate representation for the dis-
trict in which the hearing is conducted, as provided
for in section 3006A of title 18, United States Code.
All provisions of that section shall apply and, for
purposes of determining the maximum amount of
compensation, the matter shall be treated as if a fel-
ony was charged.
‘‘(3) INTRODUCTION OF EVIDENCE.—The alien
shall have a right to introduce evidence on the
alien’s own behalf.
‘‘(4) EXAMINATION OF WITNESSES.—Except as
provided in section 506, the alien shall have a rea-
sonable opportunity to examine the evidence against
the alien and to cross-examine any witness.
‘‘(5) RECORD.—A verbatim record of the pro-
ceedings and of all testimony and evidence offered or
produced at such a hearing shall be kept.
‘‘(6) DECISION BASED ON EVIDENCE AT HEAR-
ING.—The decision of the judge in the hearing shall
be based only on the evidence introduced at the
160
Title III, Subtitle B
hearing, including evidence introduced under sub-
section (e).
‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the
hearing, the judge is not authorized to consider or
provide for relief from removal based on any of the
following:
‘‘(A) Asylum under section 208.
‘‘(B) Withholding of deportation under sec-
tion 243(h).
‘‘(C) Suspension of deportation under sec-
tion 244(a).
‘‘(D) Voluntary departure under section
244(e).
‘‘(E) Adjustment of status under section
245.
‘‘(F) Registry under section 249.
‘‘(d) SUBPOENAS.—
‘‘(1) REQUEST.—At any time prior to the con-
clusion of the special removal hearing, either the
alien or the Department of Justice may request the
judge to issue a subpoena for the presence of a
named witness (which subpoena may also command
the person to whom it is directed to produce books,
papers, documents, or other objects designated
therein) upon a satisfactory showing that the pres-
161
Title III, Subtitle B
ence of the witness is necessary for the determina-
tion of any material matter. Such a request may be
made ex parte except that the judge shall inform the
Department of Justice of any request for a subpoena
by the alien for a witness or material if compliance
with such a subpoena would reveal evidence or the
source of evidence which has been introduced, or
which the Department of Justice has received per-
mission to introduce, in camera and ex parte pursu-
ant to subsection (e) and section 506, and the De-
partment of Justice shall be given a reasonable op-
portunity to oppose the issuance of such a subpoena.
‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli-
cation for a subpoena by the alien also makes a
showing that the alien is financially unable to pay
for the attendance of a witness so requested, the
court may order the costs incurred by the process
and the fees of the witness so subpoenaed to be paid
from funds appropriated for the enforcement of title
II.
‘‘(3) 
NATIONWIDE
SERVICE.—A 
subpoena
under this subsection may be served anywhere in the
United States.
‘‘(4) WITNESS
FEES.—A witness subpoenaed
under this subsection shall receive the same fees and
162
Title III, Subtitle B
expenses as a witness subpoenaed in connection with
a civil proceeding in a court of the United States.
‘‘(5) NO
ACCESS
TO
CLASSIFIED
INFORMA-
TION.—Nothing in this subsection is intended to
allow an alien to have access to classified informa-
tion.
‘‘(e) INTRODUCTION
OF
CLASSIFIED
INFORMA-
TION.—
‘‘(1) IN
GENERAL.—When classified informa-
tion has been summarized pursuant to section
506(b) or where a finding has been made under sec-
tion 506(b)(5) that no summary is possible, classi-
fied information shall be introduced (either in writ-
ing or through testimony) in camera and ex parte
and neither the alien nor the public shall be in-
formed of such evidence or its sources other than
through reference to the summary provided pursuant
to such section. Notwithstanding the previous sen-
tence, the Department of Justice may, in its discre-
tion and, in the case of classified information, after
coordination with the originating agency, elect to in-
troduce such evidence in open session.
‘‘(2) TREATMENT
OF
ELECTRONIC
SURVEIL-
LANCE INFORMATION.—
163
Title III, Subtitle B
‘‘(A) USE
OF
ELECTRONIC
SURVEIL-
LANCE.—The Government is authorized to use
in a special removal proceedings the fruits of
electronic surveillance and unconsented physical
searches authorized under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) without regard to subsections (c),
(e), (f), (g), and (h) of section 106 of that Act.
‘‘(B) NO DISCOVERY OF ELECTRONIC SUR-
VEILLANCE INFORMATION.—An alien subject to
removal under this title shall have no right of
discovery of information derived from electronic
surveillance authorized under the Foreign Intel-
ligence Surveillance Act of 1978 or otherwise
for national security purposes. Nor shall such
alien have the right to seek suppression of evi-
dence.
‘‘(C) CERTAIN PROCEDURES NOT APPLICA-
BLE.—The provisions and requirements of sec-
tion 3504 of title 18, United States Code, shall
not apply to procedures under this title.
‘‘(3) RIGHTS OF UNITED STATES.—Nothing in
this section shall prevent the United States from
seeking protective orders and from asserting privi-
leges ordinarily available to the United States to
164
Title III, Subtitle B
protect against the disclosure of classified informa-
tion, including the invocation of the military and
state secrets privileges.
‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed-
eral Rules of Evidence shall not apply to hearings under
this section. Evidence introduced at the special removal
hearing, either in open session or in camera and ex parte,
may, in the discretion of the Department of Justice, in-
clude all or part of the information presented under sec-
tion 504 used to obtain the order for the hearing under
this section.
‘‘(g) ARGUMENTS.—Following the receipt of evi-
dence, the attorneys for the Department of Justice and
for the alien shall be given fair opportunity to present ar-
gument as to whether the evidence is sufficient to justify
the removal of the alien. The attorney for the Department
of Justice shall open the argument. The attorney for the
alien shall be permitted to reply. The attorney for the De-
partment of Justice shall then be permitted to reply in
rebuttal. The judge may allow any part of the argument
that refers to evidence received in camera and ex parte
to be heard in camera and ex parte.
‘‘(h) BURDEN OF PROOF.—In the hearing the De-
partment of Justice has the burden of showing by clear
and convincing evidence that the alien is subject to re-
165
Title III, Subtitle B
moval because the alien is an alien terrorist. If the judge
finds that the Department of Justice has met this burden,
the judge shall order the alien removed and detained pend-
ing removal from the United States. If the alien was re-
leased pending the special removal hearing, the judge shall
order the Attorney General to take the alien into custody.
‘‘(i) WRITTEN ORDER.—At the time of rendering a
decision as to whether the alien shall be removed, the
judge shall prepare a written order containing a statement
of facts found and conclusions of law. Any portion of the
order that would reveal the substance or source of infor-
mation received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien or the
public.
‘‘CONSIDERATION OF CLASSIFIED INFORMATION
‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX
PARTE.—In any case in which the application for the
order authorizing the special procedures of this title is ap-
proved, the judge who granted the order shall consider
each item of classified information the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing and shall order the introduction
of such information pursuant to section 505(e) if the judge
determines the information to be relevant.
‘‘(b) PREPARATION
AND PROVISION
OF WRITTEN
SUMMARY.—
166
Title III, Subtitle B
‘‘(1) PREPARATION.—The Department of Jus-
tice shall prepare a written summary of such classi-
fied information which does not pose a risk to na-
tional security.
‘‘(2) CONDITIONS
FOR
APPROVAL
BY
JUDGE
AND PROVISION TO ALIEN.—The judge shall approve
the summary so long as the judge finds that the
summary is sufficient—
‘‘(A) to inform the alien of the general na-
ture of the evidence that the alien is an alien
terrorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be deliv-
ered to the alien a copy of the summary.
‘‘(3) OPPORTUNITY
FOR
CORRECTION
AND
RESUBMITTAL.—If the judge does not approve the
summary, the judge shall provide the Department a
reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised sum-
mary.
‘‘(4) CONDITIONS FOR TERMINATION OF PRO-
CEEDINGS IF SUMMARY NOT APPROVED.—
‘‘(A) IN GENERAL.—If, subsequent to the
opportunity described in paragraph (3), the
167
Title III, Subtitle B
judge does not approve the summary, the judge
shall terminate the special removal hearing un-
less the judge makes the findings described in
subparagraph (B).
‘‘(B) FINDINGS.—The findings described
in this subparagraph are, with respect to an
alien, that—
‘‘(i) the continued presence of the
alien in the United States would likely
cause serious and irreparable harm to the
national security or death or serious bodily
injury to any person, and
‘‘(ii) the provision of the required
summary would likely cause serious and ir-
reparable harm to the national security or
death or serious bodily injury to any per-
son.
‘‘(5) CONTINUATION
OF
HEARING
WITHOUT
SUMMARY.—If a judge makes the findings described
in paragraph (4)(B)—
‘‘(A) if the alien involved is an alien law-
fully admitted for permanent residence, the pro-
cedures described in subsection (c) shall apply;
and
168
Title III, Subtitle B
‘‘(B) in all cases the special removal hear-
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state-
ment that no summary is possible, and the clas-
sified information submitted in camera and ex
parte may be used pursuant to section 505(e).
‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL-
LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT-
TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—
‘‘(1) IN GENERAL.—The procedures described
in this subsection are that the judge (under rules of
the special removal court) shall designate a special
attorney to assist the alien—
‘‘(A) by reviewing in camera the classified
information on behalf of the alien, and
‘‘(B) by challenging through an in camera
proceeding the veracity of the evidence con-
tained in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe-
cial attorney receiving classified information under
paragraph (1)—
‘‘(A) shall not disclose the information to
the alien or to any other attorney representing
the alien, and
169
Title III, Subtitle B
‘‘(B) who discloses such information in vio-
lation of subparagraph (A) shall be subject to
a fine under title 18, United States Code, im-
prisoned for not less than 10 years nor more
than 25 years, or both.
‘‘APPEALS
‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA-
TIONS FOR ORDERS.—The Department of Justice may
seek a review of the denial of an order sought in an appli-
cation by the United States Court of Appeals for the Dis-
trict of Columbia Circuit by notice of appeal which must
be filed within 20 days after the date of such denial. In
such a case the entire record of the proceeding shall be
transmitted to the Court of Appeals under seal and the
Court of Appeals shall hear the matter ex parte. In such
a case the Court of Appeals shall review questions of law
de novo, but a prior finding on any question of fact shall
not be set aside unless such finding was clearly erroneous.
‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM-
MARIES
OF CLASSIFIED INFORMATION.—Either party
may take an interlocutory appeal to the United States
Court of Appeals for the District of Columbia Circuit of—
‘‘(1) any determination by the judge pursuant
to section 506(a)—
170
Title III, Subtitle B
‘‘(A) concerning whether an item of evi-
dence may be introduced in camera and ex
parte, or
‘‘(B) concerning the contents of any sum-
mary of evidence to be introduced in camera
and ex parte prepared pursuant to section
506(b); or
‘‘(2) the refusal of the court to make the find-
ings permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this sub-
section, the entire record, including any proposed order
of the judge or summary of evidence, shall be transmitted
to the Court of Appeals under seal and the matter shall
be heard ex parte.
‘‘(c) APPEALS OF DECISION IN HEARING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the decision of the judge after a special removal
hearing may be appealed by either the alien or the
Department of Justice to the United States Court of
Appeals for the District of Columbia Circuit by no-
tice of appeal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
171
Title III, Subtitle B
‘‘(A) IN
GENERAL.—Unless the alien
waives the right to a review under this para-
graph, in any case involving an alien lawfully
admitted for permanent residence who is denied
a written summary of classified information
under section 506(b)(4) and with respect to
which the procedures described in section
506(c) apply, any order issued by the judge
shall be reviewed by the Court of Appeals for
the District of Columbia Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With
respect to any issue relating to classified infor-
mation that arises in such review, the alien
shall be represented only by the special attorney
designated under section 506(c)(1) on behalf of
the alien.
‘‘(d) GENERAL
PROVISIONS
RELATING
TO
AP-
PEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days after the date
of the order with respect to which the appeal is
sought, during which time the order shall not be exe-
cuted.
172
Title III, Subtitle B
‘‘(2) TRANSMITTAL OF RECORD.—In an appeal
or review to the Court of Appeals pursuant to sub-
section (b) or (c)—
‘‘(A) the entire record shall be transmitted
to the Court of Appeals, and
‘‘(B) information received pursuant to sec-
tion 505(e), and any portion of the judge’s
order that would reveal the substance or source
of such information, shall be transmitted under
seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursu-
ant to subsection (b) or (c):
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of
the special removal court and on such briefs or
motions as the Court may require to be filed by
the parties.
‘‘(B) DISPOSITION.—The Court shall up-
hold or reverse the judge’s order within 60 days
after the date of the issuance of the judge’s
final order.
173
Title III, Subtitle B
‘‘(4) STANDARD FOR REVIEW.—In an appeal or
review to the Court of Appeals pursuant to sub-
section (b) or (c):
‘‘(A) QUESTIONS OF LAW.—The Court of
Appeals shall review all questions of law de
novo.
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under
section 506(b)(4), the Court of Appeals shall
review questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the
alien or the Department of Justice may petition the Su-
preme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to
the Supreme Court, be transmitted under seal. Any order
of removal shall not be stayed pending disposition of a
174
Title III, Subtitle B
writ of certiorari except as provided by the Court of Ap-
peals or a Justice of the Supreme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN GENERAL.— The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or de-
tention order, penalties for failure to appear, pen-
alties for an offense committed while on release, and
sanctions for violation of a release condition shall
apply to an alien to whom section 508(b)(1) applies.
In applying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense punish-
able by life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney
General pursuant to section 508(c)(2)(C) shall not
be subject to judicial review, including application
for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien’s
175
Title III, Subtitle B
rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United
States Court of Appeals for the District of Columbia
Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON FILING APPLICATION.—Subject to
paragraph (2), the Attorney General may take into
custody any alien with respect to whom an applica-
tion under section 503 has been filed and, notwith-
standing any other provision of law, may retain such
an alien in custody in accordance with the proce-
dures authorized by this title.
‘‘(2) SPECIAL
RULES
FOR
PERMANENT
RESI-
DENT ALIENS.—An alien lawfully admitted for per-
manent residence shall be entitled to a release hear-
ing before the judge assigned to hear the special re-
moval hearing. Such an alien shall be detained pend-
ing the special removal hearing, unless the alien
demonstrates to the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount),
is not likely to flee, and
176
Title III, Subtitle B
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF ORDER DENIED AND NO RE-
VIEW SOUGHT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a judge of the special removal
court denies the order sought in an application
with respect to an alien and the Department of
Justice does not seek review of such denial, the
alien shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent
the arrest and detention of the alien pursuant
to title II.
‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND
REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an applica-
tion with respect to an alien and the Department of
Justice seeks review of such denial, the judge shall
release the alien from custody subject to the least re-
177
Title III, Subtitle B
strictive condition or combination of conditions of re-
lease described in section 3142(b) and clauses (i)
through (xiv) of section 3142(c)(1)(B) of title 18,
United States Code, that will reasonably assure the
appearance of the alien at any future proceeding
pursuant to this title and will not endanger the safe-
ty of any other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If
the judge finds no such condition or combination of
conditions, the alien shall remain in custody until
the completion of any appeal authorized by this title.
‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY PENDING APPEAL.—If the
Attorney General takes an appeal from such de-
cision, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pur-
suant to section 505(i) that an alien shall be re-
178
Title III, Subtitle B
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
alien shall designate if such designation
does not, in the judgment of the Attorney
General, in consultation with the Secretary
of State, impair the obligation of the
United States under any treaty (including
a treaty pertaining to extradition) or other-
wise adversely affect the foreign policy of
the United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to designate a country to
which the alien wishes to be removed or if
the Attorney General, in consultation with
the Secretary of State, determines that re-
moval of the alien to the country so des-
ignated would impair a treaty obligation or
adversely affect United States foreign pol-
179
Title III, Subtitle B
icy, the Attorney General shall cause the
alien to be removed to any country willing
to receive such alien.
‘‘(C) 
CONTINUED
DETENTION.—If 
no
country is willing to receive such an alien, the
Attorney General may, notwithstanding any
other provision of law, retain the alien in cus-
tody. The Attorney General, in coordination
with the Secretary of State, shall make periodic
efforts to reach agreement with other countries
to accept such an alien and at least every 6
months shall provide to the attorney represent-
ing the alien at the special removal hearing a
written report on the Attorney General’s ef-
forts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney General
and subject to such conditions as the Attorney
General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien
is transported out of the United States pursu-
ant to this subsection, or pursuant to an order
of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
180
Title III, Subtitle B
photographed and fingerprinted, and shall be
advised of the provisions of subsection 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1) DELAY
IN
REMOVAL.—Notwithstanding
the provisions of subsection (c)(2), the Attorney
General may hold in abeyance the removal of an
alien who has been ordered removed pursuant to this
title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sen-
tence of confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of con-
finement by an alien described in paragraph (1),
such an alien shall remain in the custody of the At-
torney General, unless the Attorney General deter-
mines that temporary release of the alien to the cus-
tody of State authorities for confinement in a State
facility is appropriate and would not endanger na-
tional security or public safety.
‘‘(3) SUBSEQUENT
REMOVAL.—Following the
completion of a sentence of confinement by an alien
described in paragraph (1) or following the comple-
tion of State criminal proceedings which do not re-
sult in a sentence of confinement of an alien released
to the custody of State authorities pursuant to para-
181
Title III, Subtitle B
graph (2), such an alien shall be returned to the
custody of the Attorney General who shall proceed
to carry out the provisions of subsection (c)(2) con-
cerning removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT-
ING TO ESCAPE OF PRISONERS.—For purposes of sections
751 and 752 of title 18, United States Code, an alien in
the custody of the Attorney General pursuant to this title
shall be subject to the penalties provided by those sections
in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of
a felony.
‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
this title shall be given reasonable opportunity to
communicate with and receive visits from members
of the alien’s family, and to contact, retain, and
communicate with an attorney.
‘‘(2) DIPLOMATIC CONTACT.—An alien in the
custody of the Attorney General pursuant to this
title shall have the right to contact an appropriate
diplomatic or consular official of the alien’s country
of citizenship or nationality or of any country pro-
viding representation services therefore. The Attor-
182
Title III, Subtitle B
ney General shall notify the appropriate embassy,
mission, or consular office of the alien’s detention.’’.
(b) CRIMINAL PENALTY FOR REENTRY OF ALIEN
TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) who has been excluded from the United
States pursuant to subsection 235(c) because the
alien was excludable under subsection 212(a)(3)(B)
or who has been removed from the United States
pursuant to the provisions of title V, and who there-
after, without the permission of the Attorney Gen-
eral, enters the United States or attempts to do so
shall be fined under title 18, United States Code,
and imprisoned for a period of 10 years, which sen-
tence shall not run concurrently with any other sen-
tence.’’.
(c) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend-
ed—
183
Title III, Subtitle B
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to all aliens without regard
to the date of entry or attempted entry into the United
States.
SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—INADMISSIBILITY AND DENIAL OF
RELIEF FOR ALIEN TERRORISTS
SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND OF INADMISSIBILITY.
(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended—
(1) in clause (i)—
184
Title III, Subtitle B
(A) by striking ‘‘or’’ at the end of
subclause (I),
(B) in subclause (II), by inserting ‘‘en-
gaged in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the
following:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
(2) by adding at the end the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—
‘‘(I) DESIGNATION.—For pur-
poses of this Act, the term ‘terrorist
organization’ means a foreign organi-
zation designated in the Federal Reg-
ister as a terrorist organization by the
Secretary of State, in consultation
with the Attorney General, based
upon a finding that the organization
engages in, or has engaged in, terror-
185
Title III, Subtitle B
ist activity that threatens the national
security of the United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the
Secretary of State, in consultation
with the Attorney General, shall notify
the Committees on the Judiciary of
the House of Representatives and the
Senate of the intent to make such
designation and the findings and basis
for designation. The Secretary of
State, in consultation with the Attor-
ney General, shall create an adminis-
trative record and may use classified
information in making such a designa-
tion. Such information is not subject
to disclosure so long as it remains
classified, except that it may be dis-
closed to a court ex parte and in cam-
era under subclause (III) for purposes
of judicial review of such a designa-
tion. The Secretary of State, in con-
sultation with the Attorney General,
186
Title III, Subtitle B
shall provide notice and an oppor-
tunity for public comment prior to the
creation of the administrative record
under this subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the
designation, seek judicial review there-
of in the United States Court of Ap-
peals for the District of Columbia Cir-
cuit. Such review shall be based solely
upon the administrative record, except
that the Government may submit, for
ex parte and in camera review, classi-
fied information considered in making
the designation. The court shall hold
unlawful and set aside the designation
if the court finds the designation to be
arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accord-
ance with law, lacking substantial
support in the administrative record
taken as a whole or in classified infor-
187
Title III, Subtitle B
mation submitted to the court under
the previous sentence, contrary to
constitutional right, power, privilege,
or immunity, or not in accord with the
procedures required by law.
‘‘(IV) CONGRESSIONAL REMOVAL
AUTHORITY.—The Congress reserves
the authority to remove, by law, the
designation of an organization as a
terrorist organization for purposes of
this Act.
‘‘(V) 
SUNSET.—Subject 
to
subclause (IV), the designation under
this clause of an organization as a
terrorist organization shall be effective
for a period of 2 years from the date
of the initial publication of the terror-
ist organization designation by the
Secretary of State. At the end of such
period (but no sooner than 60 days
prior to the termination of the 2-year-
designation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the or-
ganization in conformity with the re-
188
Title III, Subtitle B
quirements of this clause for designa-
tion of the organization.
‘‘(VI) REMOVAL
AUTHORITY.—
The Secretary of State, in consulta-
tion with the Attorney General, may
remove the terrorist organization des-
ignation from any organization pre-
viously designated as such an organi-
zation, at any time, so long as the
Secretary publishes notice of the re-
moval in the Federal Register. The
Secretary is not required to report to
Congress prior to so removing such
designation.
‘‘(v) REPRESENTATIVE DEFINED.—In
this subparagraph, the term ‘representa-
tive’ includes an officer, official, or spokes-
man of the organization and any person
who directs, counsels, commands or in-
duces the organization or its members to
engage in terrorist activity.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
189
Title III, Subtitle B
SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.
(a) 
WITHHOLDING
OF
DEPORTATION.—Section
243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding
at the end the following new sentence: ‘‘For purposes of
subparagraph (D), an alien who is described in section
241(a)(4)(B) shall be considered to be an alien for whom
there are reasonable grounds for regarding as a danger
to the security of the United States.’’.
(b) SUSPENSION OF DEPORTATION.—Section 244(a)
(8 U.S.C. 1254(a)) is amended by striking ‘‘section
241(a)(4)(D)’’ and inserting ‘‘subparagraph (B) or (D) of
section 241(a)(4)’’.
(c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8
U.S.C. 1254(e)(2)) is amended by inserting ‘‘under sec-
tion 241(a)(4)(B) or’’ after ‘‘who is deportable’’.
(d) ADJUSTMENT OF STATUS.—Section 245(c) (8
U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or’’ before ‘‘(5)’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (6) an alien who is deportable under
section 241(a)(4)(B)’’.
(e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d))
is amended by inserting ‘‘and is not deportable under sec-
tion 241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.
(f) EFFECTIVE DATE.—(1) The amendments made
by this section shall take effect on the date of the enact-
190
Title III, Subtitle C
ment of this Act and shall apply to applications filed be-
fore, on, or after such date if final action has not been
taken on them before such date.
(2) The amendments made by subsections (a)
through (c) are subsequently superseded by the amend-
ments made by subtitle A.
Subtitle 
C—Deterring 
Transpor-
tation of Unlawful Aliens to the
United States
SEC. 341. DEFINITION OF STOWAWAY.
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.
1101(a)) is amended by adding the following new para-
graph:
‘‘(47) The term ‘stowaway’ means any alien
who obtains transportation without the consent of
the owner, charterer, master or person in command
of any vessel or aircraft through either concealment
on board such vessel or aircraft or evasion of that
carrier’s standard boarding procedures.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
191
Title III, Subtitle C
SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV-
ING.
(a) IN
GENERAL.—Section 231(a) (8 U.S.C.
1221(a)) is amended—
(1) by amending the first sentence to read as
follows: ‘‘In connection with the arrival of any per-
son by water or by air at any port within the United
States from any place outside the United States, it
shall be the duty of the master or commanding offi-
cer, or authorized agent, owner, or consignee of the
vessel or aircraft, having such person on board to
deliver to the immigration officers at the port of ar-
rival, or other place designated by the Attorney Gen-
eral, electronic, typewritten, or printed lists or mani-
fests of the persons on board such vessel or air-
craft.’’;
(2) in the second sentence, by striking ‘‘shall be
prepared’’ and inserting ‘‘shall be prepared and sub-
mitted’’; and
(3) by inserting after the second sentence the
following sentence: ‘‘Such lists or manifests shall
contain, but not be limited to, for each person trans-
ported, the person’s full name, date of birth, gender,
citizenship, travel document number (if applicable)
and arriving flight number.’’.
192
Title III, Subtitle C
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to vessels or aircraft arriving
at ports of entry on or after such date (not later than
60 days after the date of the enactment of this Act) as
the Attorney General shall specify.
SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR
TRANSIT WITHOUT VISA ALIENS.
(a) IN
GENERAL.—Section 238(c) (8 U.S.C.
1228(c)), before redesignation as section 233 under sec-
tion 308(b)(4), is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’, and
(2) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding any other provision of this Act
and in consideration for bringing aliens transiting through
the United States without a visa, a transportation line
that has entered into a contract under this section is
deemed to have agreed to indemnify the United States
against any costs for the detention and removal from the
United States of any such alien who for any reason—
‘‘(A) is refused admission to the United States,
‘‘(B) fails to continue the alien’s journey to a
foreign country within the time prescribed by regula-
tion, or
193
Title III, Subtitle C
‘‘(C) is refused admission by the foreign coun-
try to which the alien is travelling while transiting
through the United States. ’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens arriving in the United
States on or after such date (not later than 60 days after
the date of the enactment of this Act) as the Attorney
General shall specify.
SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE
ALIENS FROM CONTIGUOUS TERRITORIES.
(a) IN GENERAL.—Section 273 (8 U.S.C. 1323) is
amended—
(1) in subsection (a), by striking ‘‘(other than
from foreign contiguous territory)’’, and
(2) in subsection (b), by striking ‘‘$3,000’’ and
inserting ‘‘$5,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to aliens arriving in the United
States on or after such date (not later than 60 days after
the date of the enactment of this Act) as the Attorney
General shall specify.
194
Title III, Subtitle D
Subtitle D—Additional Provisions
SEC. 351. DEFINITION OF CONVICTION.
(a) IN
GENERAL.—Section 101(a) (8 U.S.C.
1101(a)), as amended by section 341, is amended by add-
ing at the end the following new paragraph:
‘‘(48) The term ‘conviction’ means a formal
judgment of guilt entered by a court or, if adjudica-
tion of guilt has been withheld, where all of the fol-
lowing elements are present:
‘‘(A) A judge or jury has found the alien
guilty or the alien has entered a plea of guilty
or nolo contendere or has admitted sufficient
facts to warrant a finding of guilt.
‘‘(B) The judge has ordered some form of
punishment, penalty, or restraint on the alien’s
liberty to be imposed.
‘‘(C) A judgment or adjudication of guilt
may be entered if the alien violates the terms
of the probation or fails to comply with the re-
quirements of the court’s order, without avail-
ability of further proceedings regarding the
alien’s guilt or innocence of the original
charge.’’.
195
Title III, Subtitle D
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to convictions entered before,
on, or after the date of the enactment of this Act.
SEC. 352. USE OF TERM ‘‘IMMIGRATION JUDGE’’.
(a) DEFINITION OF TERM.—Paragraph (4) of section
101(b) (8 U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney
whom the Attorney General deems specially qualified to
conduct specified classes of proceedings, including a hear-
ing under section 240. An immigration judge shall be sub-
ject to such supervision and shall perform such duties as
the Attorney General shall prescribe, but shall not be em-
ployed by the Immigration and Naturalization Service.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY
OFFICER’’.—The Immigration and Nationality Act is
amended by striking ‘‘special inquiry officer’’ and ‘‘special
inquiry officers’’ and inserting ‘‘immigration judge’’ and
‘‘immigration judges’’, respectively, each place it appears
in the following sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224).
(4) Section 235 (8 U.S.C. 1225).
(5) Section 236 (8 U.S.C. 1226).
(6) Section 242(b) (8 U.S.C. 1252(b)).
196
Title III, Subtitle D
(7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)).
(8) Section 292 (8 U.S.C. 1362).
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT
STATUS.
(a) IN
GENERAL.—Section 246(a) (8 U.S.C.
1256(a)) is amended by adding at the end the following
sentence: ‘‘Nothing in this subsection shall require the At-
torney General to rescind the alien’s status prior to com-
mencement of procedures to remove the alien under sec-
tion 240, and an order of removal issued by an immigra-
tion judge shall be sufficient to rescind the alien’s sta-
tus.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the title III–A effective
date (as defined in section 309(a)).
SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 274C the follow-
ing new section:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to
a final order of removal who—
‘‘(1) willfully fails or refuses to—
197
Title III, Subtitle D
‘‘(A) depart from the United States pursu-
ant to the order,
‘‘(B) make timely application in good faith
for travel or other documents necessary for de-
parture, or
‘‘(C) present for removal at the time and
place required by the Attorney General; or
‘‘(2) conspires to or takes any action designed
to prevent or hamper the alien’s departure pursuant
to the order,
shall pay a civil penalty of not more $500 to the Commis-
sioner for each day the alien is in violation of this section.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to diminish or qualify any penalties to which
an alien may be subject for activities proscribed by section
243(a) or any other section of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
274C the following new item:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions occurring on or after
the title III–A effective date (as defined in section 309(a)).
198
Title III, Subtitle D
SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC-
TION.
(a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is
amended—
(1) by amending the first sentence to read as
follows: ‘‘The district courts of the United States
shall have jurisdiction of all causes, civil and crimi-
nal, brought by the United States that arise under
the provisions of this title.’’, and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall be construed as
providing jurisdiction for suits against the United
States or its agencies or officers.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions filed after the date
of the enactment of this Act.
SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN-
STITUTIONAL HEARING PROGRAM.
(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT
OF CERTAIN ANNUITANTS AND RETIREES.—For the pur-
pose of performing duties in connection with supporting
the enhanced Institutional Hearing Program, the Attorney
General may employ for a period not to exceed 24 months
(beginning 3 months after the date of the enactment of
this Act) not more than 300 individuals (at any one time)
199
Title III, Subtitle D
who, by reason of separation from service on or before
January 1, 1995, are receiving—
(1) annuities under the provisions of subchapter
III of chapter 83 of title 5, United States Code, or
chapter 84 of such title;
(2) annuities under any other retirement system
for employees of the Federal Government; or
(3) retired or retainer pay as retired officers of
regular components of the uniformed services.
(b) NO REDUCTION IN ANNUITY OR RETIREMENT
PAY OR REDETERMINATION OF PAY DURING TEMPORARY
EMPLOYMENT.—
(1) RETIREES UNDER CIVIL SERVICE RETIRE-
MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE-
MENT SYSTEM.—In the case of an individual em-
ployed under subsection (a) who is receiving an an-
nuity described in subsection (a)(1)—
(A) such individual’s annuity shall con-
tinue during the employment under subsection
(a) and shall not be increased as a result of
service performed during that employment;
(B) retirement deductions shall not be
withheld from such individual’s pay; and
(C) such individual’s pay shall not be sub-
ject to any deduction based on the portion of
200
Title III, Subtitle D
such individual’s annuity which is allocable to
the period of employment.
(2) OTHER
FEDERAL
RETIREES.—The Presi-
dent shall apply the provisions of paragraph (1) to
individuals who are receiving an annuity described in
subsection (a)(2) and who are employed under sub-
section (a) in the same manner and to the same ex-
tent as such provisions apply to individuals who are
receiving an annuity described in subsection (a)(1)
and who are employed under subsection (a).
(3) RETIRED
OFFICERS
OF
THE
UNIFORM
SERVICES.—The retired or retainer pay of a retired
officer of a regular component of a uniformed serv-
ice shall not be reduced under section 5532 of title
5, United States Code, by reason of temporary em-
ployment authorized under subsection (a).
SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,
ILLEGAL REENTRY, AND PASSPORT AND VISA
FRAUD.
(a) FAILING TO DEPART.—The United States Sen-
tencing Commission shall promptly promulgate, pursuant
to section 994 of title 28, United States Code, amend-
ments to the sentencing guidelines to make appropriate
increases in the base offense level for offenses under sec-
tion 242(e) and 276(b) of the Immigration and National-
201
Title III, Subtitle D
ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the
amendments made by section 130001 of the Violent Crime
Control and Law Enforcement Act of 1994.
(b) PASSPORT AND VISA OFFENSES.—The United
States Sentencing Commission shall promptly promulgate,
pursuant to section 994 of title 28, United States Code,
amendments to the sentencing guidelines to make appro-
priate increases in the base offense level for offenses under
chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime
Control and Law Enforcement Act of 1994.
SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE-
MOVAL OF ALIENS.
In addition to the amounts otherwise authorized to
be appropriated for each fiscal year beginning with fiscal
year 1996, there are authorized to be appropriated to the
Attorney General $150,000,000 for costs associated with
the removal of inadmissible or deportable aliens, including
costs of detention of such aliens pending their removal,
the hiring of more investigators, and the hiring of more
detention and deportation officers.
SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES
TO ENFORCEMENT.
(a) IN GENERAL.—Subsection (b) of section 280 (8
U.S.C. 1330(b)) is amended to read as follows:
202
Title III, Subtitle D
‘‘(b)(1) There is established in the general fund of
the Treasury a separate account which shall be known as
the ‘Immigration Enforcement Account’. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the Immigration Enforcement Ac-
count amounts described in paragraph (2) to remain avail-
able until expended.
‘‘(2) The amounts described in this paragraph are the
following:
‘‘(A) The increase in penalties collected result-
ing from the amendments made by sections 203(b)
and 543(a) of the Immigration Act of 1990.
‘‘(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
‘‘(3)(A) The Secretary of the Treasury shall refund
out of the Immigration Enforcement Account to any ap-
propriation the amount paid out of such appropriation for
expenses incurred by the Attorney General for activities
that enhance enforcement of provisions of this title, in-
cluding—
‘‘(i) the identification, investigation, apprehen-
sion, detention, and removal of criminal aliens;
‘‘(ii) the maintenance and updating of a system
to identify and track criminal aliens, deportable
203
Title III, Subtitle D
aliens, inadmissible aliens, and alien illegally enter-
ing the United States; and
‘‘(iii) for the repair, maintenance, or construc-
tion on the United States border, in areas experienc-
ing high levels of apprehensions of illegal aliens, of
structures to deter illegal entry into the United
States.
‘‘(B) The amounts which are required to be refunded
under subparagraph (A) shall be refunded at least quar-
terly on the basis of estimates made by the Attorney Gen-
eral of the expenses referred to in subparagraph (A).
Proper adjustments shall be made in the amounts subse-
quently refunded under subparagraph (A) to the extent
prior estimates were in excess of, or less than, the amount
required to be refunded under subparagraph (A).’’.
(b) IMMIGRATION USER FEE ACCOUNT.—Section
286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by
striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to fines and penalties collected on
or after the date of the enactment of this Act.
SEC. 360. PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President
to begin to negotiate and renegotiate, not later than 90
days after the date of the enactment of this Act, bilateral
204
Title III, Subtitle D
prisoner transfer treaties. The focus of such negotiations
shall be—
(1) to expedite the transfer of aliens unlawfully
in the United States who are (or are about to be)
incarcerated in United States prisons,
(2) to ensure that a transferred prisoner serves
the balance of the sentence imposed by the United
States courts, and
(3) to eliminate any requirement of prisoner
consent to such a transfer.
In entering into such negotiations, the President may con-
sider providing for appropriate compensation in cases
where the United States is able to independently verify
the adequacy of the sites where aliens will be imprisoned
under such a treaty.
(b) CERTIFICATION.—The President shall submit to
the Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United
States to their country of nationality for further incarcer-
ation.
205
Title III, Subtitle D
SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law
103–312) is amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi-
nal alien identification system. The criminal alien identi-
fication system shall be used to assist Federal, State, and
local law enforcement agencies in identifying and locating
aliens who may be subject to removal by reason of their
conviction of aggravated felonies, subject to prosecution
under section 275 of such Act, not lawfully present in the
United States, or otherwise removable. Such system shall
include providing for recording of fingerprint records of
aliens who have been previously arrested and removed into
appropriate automated fingerprint identification sys-
tems.’’.
SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION
GROUND FOR CERTAIN SECTION 274C VIOLA-
TORS.
(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.
1182) is amended—
(1) by amending subparagraph (F) of sub-
section (a)(6) to read as follows:
206
Title III, Subtitle D
‘‘(F) SUBJECT OF CIVIL PENALTY.—
‘‘(i) IN
GENERAL.—An alien who is the
subject of a final order for violation of section
274C is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For provision
authorizing waiver of clause (i), see subsection
(d)(12).’’; and
(2) by adding at the end of subsection (d) the
following new paragraph:
‘‘(12) The Attorney General may, in the discretion
of the Attorney General for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the public
interest, waive application of clause (i) of subsection
(a)(6)(F)—
‘‘(A) in the case of an alien lawfully admitted
for permanent residence who temporarily proceeded
abroad voluntarily and not under an order of depor-
tation and who is otherwise admissible to the United
States as a returning resident under section 211(b),
and
‘‘(B) in the case of an alien seeking admission
or adjustment of status under section 201(b)(2)(A)
or under section 203(a),
207
Title III, Subtitle D
if the violation under section 274C was committed solely
to assist, aid, or support the alien’s spouse, parent, son,
or daughter (and not another individual).’’.
(b) GROUND OF DEPORTATION.—Subparagraph (C)
of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig-
nation by section 305(a)(2), is amended to read as follows:
‘‘(C) DOCUMENT FRAUD.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is deportable.
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive clause (i) in the
case of an alien lawfully admitted for per-
manent residence if the alien’s civil money
penalty under section 274C was incurred
solely to assist, aid, or support the alien’s
spouse, parent, son, or daughter (and no
other individual).’’.
SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by
striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or
have been on criminal probation or criminal parole within
the United States, and (6)’’.
208
Title IV
TITLE 
IV—ENFORCEMENT 
OF
RESTRICTIONS AGAINST EM-
PLOYMENT
SEC. 401. STRENGTHENED ENFORCEMENT OF THE EM-
PLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—The number of full-time equiva-
lent positions in the Investigations Division within the Im-
migration and Naturalization Service of the Department
of Justice beginning in fiscal year 1996 shall be increased
by 350 positions above the number of full-time equivalent
positions available to such Division as of September 30,
1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of the employer sanctions
provisions contained in section 274A of the Immigration
and Nationality Act, including investigating reports of vio-
lations received from officers of the Employment Stand-
ards Administration of the Department of Labor.
SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND
HOUR LAWS.
(a) IN GENERAL.—The number of full-time equiva-
lent positions in the Wage and Hour Division with the
Employment Standards Administration of the Department
of Labor beginning in fiscal year 1996 shall be increased
209
Title IV
by 150 positions above the number of full-time equivalent
positions available to the Wage and Hour Division as of
September 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of wage and hour laws in
areas where the Attorney General has notified the Sec-
retary of Labor that there are high concentrations of un-
documented aliens.
SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO-
GRAM.
(a) REDUCING THE NUMBER OF DOCUMENTS AC-
CEPTED
FOR
EMPLOYMENT
VERIFICATION.—Section
274A(b) (8 U.S.C. 1324a(b)) is amended—
(1) in paragraph (1)(B)—
(A) by adding ‘‘or’’ at the end of clause (i),
(B) by striking clauses (ii) through (iv),
and
(C) in clause (v), by striking ‘‘or other
alien registration card, if the card’’ and insert-
ing ‘‘, alien registration card, or other docu-
ment designated by regulation by the Attorney
General, if the document’’ and redesignating
such clause as clause (ii);
210
Title IV
(2) by amending subparagraph (C) of para-
graph (1) to read as follows:
‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER
CARD AS EVIDENCE OF EMPLOYMENT AUTHOR-
IZATION.—A document described in this sub-
paragraph is an individual’s social security ac-
count number card (other than such a card
which specifies on the face that the issuance of
the card does not authorize employment in the
United States).’’; and
(3) by amending paragraph (2) to read as fol-
lows:
‘‘(2) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION AND PROVISION OF SOCIAL
SECURITY
ACCOUNT
NUMBER.—The 
individual
must—
‘‘(A) attest, under penalty of perjury on
the form designated or established for purposes
of paragraph (1), that the individual is a citizen
or national of the United States, an alien law-
fully admitted for permanent residence, or an
alien who is authorized under this Act or by the
Attorney General to be hired, recruited, or re-
ferred for such employment; and
237
Title V, Subtitle A
‘‘(1) CONGRESSIONAL REVIEW.—The Commit-
tees on the Judiciary of the House of Representa-
tives and of the Senate shall undertake during fiscal
year 2004 (and each fifth fiscal year thereafter) a
thorough review of the appropriate worldwide levels
of immigration to be provided under this section
during the 5-fiscal-year period beginning with the
second subsequent fiscal year.
‘‘(2) CONGRESSIONAL REAUTHORIZATION.—The
Congress, after consideration of the reviews under
paragraph (1) and by law, shall specify the appro-
priate worldwide levels of immigration to be provided
under this section during the 5-fiscal-year period be-
ginning with the second subsequent fiscal year.
‘‘(3) SUNSET IN ABSENCE OF REAUTHORIZA-
TION.—The worldwide levels specified under the pre-
vious provisions of this section are applicable only to
fiscal years 1997 through 2005 and admissions after
fiscal year 2005 that are subject to such levels are
only authorized to the extent provided by amend-
ment under paragraph (2) made to this section.’’.
238
Title V, Subtitle B
Subtitle B—Changes in Preference
System
SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO
SPOUSES AND CHILDREN.
(a) RECLASSIFICATION.—Section 201(b)(2)(A) (8
U.S.C. 1151(b)(2)(A)) is amended—
(1) in clause (i)—
(A) 
by 
striking 
‘‘IMMEDIATE
RELA-
TIVES.—’’ and all that follows through the end
of the first sentence and inserting ‘‘An alien
who is a spouse or child of a citizen of the
United States.’’, and
(B) in the second sentence, by striking ‘‘an
immediate relative’’ and inserting ‘‘a spouse of
a citizen of the United States’’; and
(2) in clause (ii), by striking ‘‘an immediate rel-
ative’’ and inserting ‘‘a spouse of a citizen of the
United States’’.
(b) PROTECTION
OF CERTAIN CHILDREN
FROM
AGING OUT OF PREFERENCE STATUS.—
(1) IN GENERAL.—Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following new
subsection:
‘‘(i) For purposes of applying section 101(b)(1) in the
case of issuance of an immigrant visa to, or admission or