TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL
ENTRY, AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.
(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 1997, 1998, 1999, 2000, and
2001 shall increase by not less than 1,000 the number of
positions for full-time, active-duty border patrol agents
within the Immigration and Naturalization Service above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(b) Increase in Border Patrol Support Personnel.--The
Attorney General, in each of fiscal years 1997, 1998, 1999,
2000, and 2001, may increase by 300 the number of positions
for personnel in support of border patrol agents above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(c) Deployment of Border Patrol Agents.--The Attorney
General shall, to the maximum extent practicable, ensure that
additional border patrol agents shall be deployed among
Immigration and Naturalization Service sectors along the
border 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.
(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
(2) Preservation of law enforcement functions and
capabilities in interior states.--The Attorney General shall,
when deploying border patrol personnel from interior stations
to border stations, coordinate with, and act in conjunction
with, State and local law enforcement agencies to ensure that
such deployment does not degrade or compromise the law
enforcement capabilities and functions currently performed at
interior border patrol stations.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the House of
Representatives and of the Senate a report on--
(A) the progress and effectiveness of the forward
deployment under paragraph (1); and
(B) the measures taken to comply with paragraph (2).
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall
take such actions as may be necessary to install additional
physical barriers and roads (including the removal of
obstacles to detection of illegal entrants) in the vicinity
of the United States border to deter illegal crossings in
areas of high illegal entry into the United States.
(b) Construction of Fencing and Road Improvements in the
Border Area Near San Diego, California.--
(1) In general.--In carrying out subsection (a), the
Attorney General shall provide for the construction along the
14 miles of the international land border of the United
States, starting at the Pacific 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 easements.--The
Attorney General, acting under the authority conferred in
section 103(b) of the Immigration and Nationality Act (as
inserted by subsection (d)), shall promptly acquire such
easements as may be necessary to carry out this subsection
and shall commence construction of fences immediately
following such acquisition (or conclusion of portions
(3) Safety features.--The Attorney General, while
constructing the additional fencing under this subsection,
shall incorporate such safety features into the design of the
fence system as are necessary to ensure the well-being of
border patrol agents deployed within or in near proximity to
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
(c) Waiver.--The provisions of the Endangered Species Act
of 1973 and the National Environmental Policy Act of 1969 are
waived to the extent the Attorney General determines
necessary to ensure expeditious construction of the barriers
and roads under this section.
(d) Land Acquisition Authority.--
(1) In general.--Section 103 (8 U.S.C. 1103) is amended--
(A) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
``(b)(1) The Attorney General may contract for or buy any
interest in land, including temporary use rights, adjacent to
or in the vicinity of an international land border when the
Attorney General deems the land essential to control and
guard the boundaries and borders of the United States against
any violation of this Act.
``(2) The Attorney General may contract for or buy any
interest in land identified pursuant to paragraph (1) as soon
as the lawful owner of that interest fixes a price for it and
the Attorney General considers that price to be reasonable.
``(3) When the Attorney General and the lawful owner of an
interest identified pursuant to paragraph (1) are unable to
agree upon a reasonable price, the Attorney General may
commence condemnation proceedings pursuant to the Act of
August 1, 1888 (Chapter 728; 25 Stat. 357).
``(4) The Attorney General may accept for the United States
a gift of any interest in land identified pursuant to
(2) Conforming amendment.--Section 103(e) (as so
redesignated by paragraph (1)(A)) is amended by striking
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.
The Attorney General is authorized to acquire and use, for
the purpose of detection, interdiction, and reduction of
illegal immigration into the United States, any Federal
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, 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 IDENTIFICATION CARD.
(a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ``Such
regulations shall provide that (A) each such document include
a biometric identifier (such as the fingerprint or handprint
of the alien) that is machine readable and (B) an alien
presenting a border crossing identification 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 characteristic of the alien.''.
(b) Effective Dates.--
(1) Clause a.--Clause (A) of the sentence added by the
amendment made by subsection (a) shall apply to documents
issued on or after 18 months after the date of the enactment
of this Act.
(2) Clause b.--Clause (B) of such sentence shall apply to
cards presented on or after 3 years after the date of the
enactment of this Act.
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 following:
``(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of--
``(1) at least $50 and not more than $250 for each such
entry (or attempted entry); or
``(2) twice the amount specified in paragraph (1) in the
case of an alien who has been previously subject to a civil
penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that
may be imposed.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring
on or after the first day of the sixth month beginning after
the date of the enactment of this Act.
SEC. 106. HIRING AND TRAINING STANDARDS.
(a) Review of Hiring Standards.--Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall complete a review of all prescreening and
hiring standards used by the Commissioner of Immigration and
Naturalization, and, where necessary, revise such standards
to ensure that they are consistent with relevant standards of
(b) Certification.--At the conclusion of each of fiscal
years 1997, 1998, 1999, 2000, and 2001, the Attorney General
shall certify in writing to the Committees on the Judiciary
of the House of Representatives and of the Senate that all
personnel hired by the Commissioner of Immigration and
Naturalization for such fiscal year were hired pursuant to
the appropriate standards, as revised under subsection (a).
(c) Review of Training Standards.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall complete a
review of the sufficiency of all training standards used by
the Commissioner of Immigration and Naturalization.
(A) In general.--Not later than 90 days after the
completion of the review under paragraph (1), the Attorney
General shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the review, including--
(i) a description of the status of efforts to update and
improve training throughout the Immigration and
Naturalization Service; and
(ii) an estimate of when such efforts are expected to be
(B) Areas requiring future review.--The report shall
disclose those areas of training that the Attorney General
determines require further review in the future.
SEC. 107. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United
States to determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the
succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the activities undertaken under subsection
(a) during the previous year. Each such report shall include
an analysis of the degree to which the Attorney General's
strategy has been effective in reducing illegal entry. Each
such report shall include a collection and systematic
analysis of data, including workload indicators, related to
activities to deter illegal entry and recommendations to
improve and increase border security at the border and ports
SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM
(a) Findings.--The Congress finds as follows:
(1) Immigration checkpoints are an important component of
the national strategy to prevent illegal immigration.
(2) Individuals fleeing immigration checkpoints and leading
law enforcement officials on high speed vehicle chases
endanger law enforcement officers, innocent bystanders, and
the fleeing individuals themselves.
(3) The pursuit of suspects fleeing immigration checkpoints
is complicated by overlapping jurisdiction among Federal,
State, and local law enforcement officers.
(b) High Speed Flight from Immigration Checkpoints.--
(1) In general.--Chapter 35 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 758. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the
Immigration and Naturalization Service, or any other Federal
law enforcement agency, in a motor vehicle and flees Federal,
State, or local law enforcement agents in excess of the legal
speed limit shall be fined under this title, imprisoned not
more than five years, or both.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 757 the following:
``758. High speed flight from immigration checkpoint.''.
(c) Grounds for Deportation.--Section 241(a)(2)(A) (8
U.S.C. 1251(a)(2)(A)) is amended--
(1) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following:
``(iv) High speed flight.--Any alien who is convicted of a
violation of section 758 of title 18, United States Code
(relating to high speed flight from an immigration
checkpoint), is deportable.''; and
(3) in clause (v) (as so redesignated by paragraph (1)), by
striking ``and (iii)'' and inserting ``(iii), and (iv)''.
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) Study.--The Attorney General, together with the
Secretary of State, the Secretary of Agriculture, the
Secretary of the Treasury, and appropriate representatives of
the air transport industry, shall jointly undertake a study
to develop a plan for making the transition to automated data
collection at ports of entry.
(b) Report.--Nine months after the date of the enactment of
this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the outcome of the joint initiative under
subsection (a), noting specific areas of agreement and
disagreement, and recommending further steps to be taken,
including any suggestions for legislation.
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) System.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall develop an
automated entry and exit control system that will--
(1) collect a record of departure for every alien departing
the United States and match the records of departure with the
record of the alien's arrival in the United States; and
(2) enable the Attorney General to identify, through on-
line searching procedures, lawfully admitted nonimmigrants
who remain in the United States beyond the period authorized
by the Attorney General.
(1) Deadline.--Not later than December 31 of each year
following the development of the system under subsection (a),
the Attorney General shall submit an annual report to the
Committees on the Judiciary of the House of Representatives
and of the Senate on such system.
(2) Information.--The report shall include the following
(A) The number of departure records collected, with an
accounting by country of nationality 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
nationality and by the alien's classification as an immigrant
(C) The number of aliens who arrived as nonimmigrants, or
as a visitor under the visa waiver program under section 217
of the Immigration and Nationality Act, for whom no matching
departure record has been obtained through the system or
through other means as of the end of the alien's authorized
period of stay, with an
accounting by the alien's country of nationality and date of
arrival in the United States.
(c) Use of Information on Overstays.--Information regarding
aliens who have remained in the United States beyond their
authorized period of stay identified through the system shall
be integrated into appropriate data bases of the Immigration
and Naturalization Service and the Department of State,
including those used at ports of entry and at consular
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER
PATROL POSITIONS FROM INTERIOR STATIONS.
Not later than November 30, 1996, the Attorney General
shall submit to the Committees on the Judiciary of the House
of Representatives and of the Senate a final plan regarding
the redeployment of border patrol personnel from interior
locations to the front lines of the border. The final plan
shall be consistent with the following:
(1) The preliminary plan regarding such redeployment
submitted by the Attorney General on May 17, 1996, to the
Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate.
(2) The direction regarding such redeployment provided in
the joint explanatory statement of the committee of
conference in the conference report to accompany the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134).
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.
There are authorized to be appropriated such additional
sums as may be necessary to ensure that the ``IDENT'' program
(operated by the Immigration and Naturalization Service) is
expanded to apply to illegal or criminal aliens apprehended