167 
after that date by the Secretary of Homeland Security (or 
by the Attorney General prior to March 1, 2003), regard-
less of the date of the original order. 
SEC. 604. CLARIFICATION WITH RESPECT TO DEFINITION 
OF ADMISSION. 
Section 101(a)(13)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(13)(A)) is amended by 
adding at the end the following: ‘‘An alien’s adjustment 
of status to that of lawful permanent resident status under 
any provision of this Act, or under any other provision 
of law, shall be considered an ‘admission’ for any purpose 
under this Act, even if the adjustment of status occurred 
while the alien was present in the United States.’’. 
SEC. 605. REPORTS TO CONGRESS ON THE EXERCISE AND 
ABUSE OF PROSECUTORIAL DISCRETION. 
(a) IN GENERAL.—Not later than 180 days after the 
end of each fiscal year, the Secretary of Homeland Secu-
rity and the Attorney General shall each provide to the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate a report on the following: 
(1) Aliens apprehended or arrested by State or 
local law enforcement agencies who were identified 
by the Department of Homeland Security in the pre-
vious fiscal year and for whom the Department of 
Homeland Security did not issue detainers and did 
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not take into custody despite the Department of 
Homeland Security’s findings that the aliens were 
inadmissible or deportable. 
(2) Aliens who were applicants for admission in 
the previous fiscal year but not clearly and beyond 
a doubt entitled to be admitted by an immigration 
officer and who were not detained as required pursu-
ant to section 235(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(2)(A)). 
(3) Aliens who in the previous fiscal year were 
found by Department of Homeland Security officials 
performing duties related to the adjudication of ap-
plications for immigration benefits or the enforce-
ment of the immigration laws to be inadmissible or 
deportable who were not issued notices to appear 
pursuant to section 239 of such Act (8 U.S.C. 1229) 
or placed into removal proceedings pursuant to sec-
tion 240 (8 U.S.C. 1229a), unless the aliens were 
placed into expedited removal proceedings pursuant 
to 
section 
235(b)(1)(A)(i) 
(8 
U.S.C. 
1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), 
were granted voluntary departure pursuant to sec-
tion 240B, were granted relief from removal pursu-
ant to statute, were granted legal nonimmigrant or 
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169 
immigrant status pursuant to statute, or were deter-
mined not to be inadmissible or deportable. 
(4) Aliens issued notices to appear that were 
cancelled in the previous fiscal year despite the De-
partment of Homeland Security’s findings that the 
aliens were inadmissible or deportable, unless the 
aliens were granted relief from removal pursuant to 
statute, were granted voluntary departure pursuant 
to section 240B of such Act (8 U.S.C. 1229c), or 
were granted legal nonimmigrant or immigrant sta-
tus pursuant to statute. 
(5) Aliens who were placed into removal pro-
ceedings, whose removal proceedings were termi-
nated in the previous fiscal year prior to their con-
clusion, unless the aliens were granted relief from 
removal pursuant to statute, were granted voluntary 
departure pursuant to section 240B, were granted 
legal nonimmigrant or immigrant status pursuant to 
statute, or were determined not to be inadmissible or 
deportable. 
(6) Aliens granted parole pursuant to section 
212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 
(7) Aliens granted deferred action, extended 
voluntary departure or any other type of relief from 
removal not specified in the Immigration and Na-
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170 
tionality Act or where determined not to be inadmis-
sible or deportable. 
(b) CONTENTS OF REPORT.—The report shall include 
a listing of each alien described in each paragraph of sub-
section (a), including when in the possession of the De-
partment of Homeland Security their names, fingerprint 
identification numbers, alien registration numbers, and 
reason why each was granted the type of prosecutorial dis-
cretion received. The report shall also include current 
criminal histories on each alien from the Federal Bureau 
of Investigation. 
SEC. 606. WAIVER OF FEDERAL LAWS WITH RESPECT TO 
BORDER SECURITY ACTIONS ON DEPART-
MENT OF THE INTERIOR AND DEPARTMENT 
OF AGRICULTURE LANDS. 
(a) PROHIBITION ON SECRETARIES OF THE INTE-
RIOR AND AGRICULTURE.—The Secretary of the Interior 
or the Secretary of Agriculture shall not impede, prohibit, 
or restrict activities of U.S. Customs and Border Protec-
tion on Federal land located within 100 miles of an inter-
national land border that is under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agriculture, 
to execute search and rescue operations and to prevent 
all unlawful entries into the United States, including en-
tries by terrorists, other unlawful aliens, instruments of 
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terrorism, narcotics, and other contraband through the 
international land borders of the United States. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Pro-
tection shall have immediate access to Federal land within 
100 miles of the international land border under the juris-
diction of the Secretary of the Interior or the Secretary 
of Agriculture for purposes of conducting the following ac-
tivities on such land that prevent all unlawful entries into 
the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and 
other contraband through the international land borders 
of the United States: 
(1) Construction and maintenance of roads. 
(2) Construction and maintenance of barriers. 
(3) Use of vehicles to patrol, apprehend, or res-
cue. 
(4) Installation, maintenance, and operation of 
communications and surveillance equipment and sen-
sors. 
(5) Deployment of temporary tactical infra-
structure. 
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
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