TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle B--Criminal Alien Provisions

SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.

(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)),
as amended by section 441(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 (P.L. 104-132), is
amended--
(1) in subparagraph (A), by inserting ``, rape, or sexual
abuse of a minor'' after ``murder'';
(2) in subparagraph (D), by striking ``$100,000'' and
inserting ``$10,000'';
(3) in subparagraphs (F), (G), (N), and (P), by striking
``is at least 5 years'' each place it appears and inserting
``at least one year'';
(4) in subparagraph (J), by striking ``sentence of 5 years'
imprisonment'' and inserting ``sentence of one year
imprisonment'';
(5) in subparagraph (K)(ii), by inserting ``if committed''
before ``for commercial advantage'';
(6) in subparagraph (L)--
(A) by striking ``or'' at the end of clause (i),
(B) by inserting ``or'' at the end of clause (ii), and
(C) by adding at the end the following new clause:
``(iii) section 601 of the National Security Act of 1947
(relating to protecting the identity of undercover
agents);'';
(7) in subparagraph (M), by striking ``$200,000'' each
place it appears and inserting ``$10,000'';
(8) in subparagraph (N), by striking ``for which the term''
and all that follows and inserting the following: ``, except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for
the purpose of assisting, abetting, or aiding only the
alien's spouse, child, or parent (and no other individual) to
violate a provision of this Act'';
(9) in subparagraph (P), by striking ``18 months'' and
inserting ``12 months, except in the case of a first offense
for which the alien has affirmatively shown that the alien
committed the offense for the purpose of assisting, abetting,
or aiding only the alien's spouse, child, or parent (and no
other individual) to violate a provision of this Act'';
(10) in subparagraph (R), by striking ``for which a
sentence of 5 years' imprisonment or more may be imposed''
and inserting ``for which the term of imprisonment is at
least one year''; and
(11) in subparagraph (S), by striking ``for which a
sentence of 5 years' imprisonment or more may be imposed''
and inserting ``for which the term of imprisonment is at
least one year''.
(b) Effective Date of Definition.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by adding at the end the
following new sentence: ``Notwithstanding any other provision
of law (including any effective date), the term applies
regardless of whether the conviction was entered before, on,
or after the date of enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to actions taken on

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or after the date of the enactment of this Act, regardless of
when the conviction occurred, and shall apply under section
276(b) of the Immigration and Nationality Act only to
violations of section 276(a) of such Act occurring on or
after such date.

SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.

(a) Definition.--
(1) In general.--Section 101(a) (8 U.S.C. 1101(a)) is
amended by adding at the end the following new paragraph:
``(48)(A) The term `conviction' means, with respect to an
alien, a formal judgment of guilt of the alien entered by a
court or, if adjudication of guilt has been withheld, where--
``(i) 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, and
``(ii) the judge has ordered some form of punishment,
penalty, or restraint on the alien's liberty to be imposed.
``(B) Any reference to a term of imprisonment or a sentence
with respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law
regardless of any suspension of the imposition or execution
of that imprisonment or sentence in whole or in part.''.
(2) Conforming amendments.--
(A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by
striking ``imposed (regardless of any suspension of
imprisonment)'' each place it appears in subparagraphs (F),
(G), (N), and (P).
(B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) is
amended by striking ``actually imposed''.
(b) Reference to Proof Provisions.--For provisions relating
to proof of convictions, see subparagraphs (B) and (C) of
section 240(c)(3) of the Immigration and Nationality Act, as
inserted by section 304(a)(3) of this division.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to convictions and sentences entered before, on,
or after the date of the enactment of this Act. Subparagraphs
(B) and (C) of section 240(c)(3) of the Immigration and
Nationality Act, as inserted by section 304(a)(3) of this
division, shall apply to proving such convictions.

SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL
PROBATION OR CRIMINAL PAROLE.

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)''.

SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.

(a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is
amended to read as follows:
``(1) has been arrested and deported, has been excluded and
deported, or has departed the United States while an order of
exclusion or deportation is outstanding, and thereafter''.
(b) Treatment of Stipulations.--The last sentence of
section 276(b) (8 U.S.C. 1326(b)) is amended by inserting
``(or not during)'' after ``during''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to departures that occurred before, on, or after
the date of the enactment of this Act, but only with respect
to entries (and attempted entries) occurring on or after such
date.

SEC. 325. CHANGE IN FILING REQUIREMENT.

Section 2424 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph of subsection (a)--
(A) by striking ``alien'' each place it appears;
(B) by inserting after ``individual'' the first place it
appears the following: ``, knowing or in reckless disregard
of the fact that the individual is an alien''; and
(C) by striking ``within three years after that individual
has entered the United States from any country, party to the
arrangement adopted July 25, 1902, for the suppression of the
white-slave traffic'';
(2) in the second undesignated paragraph of subsection
(a)--
(A) by striking ``thirty'' and inserting ``five business'';
and
(B) by striking ``within three years after that individual
has entered the United States from any country, party to the
said arrangement for the suppression of the white-slave
traffic,''; and
(3) in the text following the third undesignated paragraph
of subsection (a), by striking ``two'' and inserting ``10''.

SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
as amended by section 432 of Public Law 104-132, is amended
to read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act
operate a criminal alien identification system. The criminal
alien identification 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
systems.''.

SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

Section 130002(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
(1) by inserting ``and'' after ``1996;'', and
(2) by striking paragraph (2) and all that follows through
the period at the end and inserting the following:
``(2) $5,000,000 for each of fiscal years 1997 through
2001.''.

SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN
ASSISTANCE PROGRAM.

(a) Modification of Authority.--
(1) In general.--Section 241(i), as redesignated by section
306(a)(1) of this division, is amended--
(A) in paragraph (3)(A), by striking ``felony and sentenced
to a term of imprisonment'' and inserting ``felony or two or
more misdemeanors'', and
(B) by adding at the end the following new paragraph:
``(6) To the extent of available appropriations, funds
otherwise made available under this section with respect to a
State (or political subdivision, including a municipality)
for incarceration of an undocumented criminal alien may, at
the discretion of the recipient of the funds, be used for the
costs of imprisonment of such alien in a State, local, or
municipal prison or jail.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply beginning with fiscal year 1997.
(b) Sense of the Congress With Respect to Program.--
(1) Findings.--The Congress finds as follows:
(A) Of the $130,000,000 appropriated in fiscal year 1995
for the State Criminal Alien Assistance Program, the
Department of Justice disbursed the first $43,000,000 to
States on October 6, 1994, 32 days before the 1994 general
election, and then failed to disburse the remaining
$87,000,000 until January 31, 1996, 123 days after the end of
fiscal year 1995.
(B) While H.R. 2880, the continuing appropriation measure
funding certain operations of the Federal Government from
January 26, 1996 to March 15, 1996, included $66,000,000 to
reimburse States for the cost of incarcerating documented
illegal immigrant felons, the Department of Justice failed to
disburse any of the funds to the States during the period of
the continuing appropriation.
(2) Sense of the congress.--It is the sense of the Congress
that--
(A) the Department of Justice was disturbingly slow in
disbursing fiscal year 1995 funds under the State Criminal
Alien Assistance Program to States after the initial grants
were released just prior to the 1994 election; and
(B) the Attorney General should make it a high priority to
expedite the disbursement of Federal funds intended to
reimburse States for the cost of incarcerating illegal
immigrants, aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal year for
which they are appropriated.

SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL
ALIENS IN INCARCERATION FACILITY OF ANAHEIM,
CALIFORNIA.

(a) Authority.--The Attorney General shall conduct a
project demonstrating the feasibility of identifying, from
among the individuals who are incarcerated in local
governmental prison facilities prior to arraignment on
criminal charges, those individuals who are aliens unlawfully
present in the United States.
(b) Description of Project.--The project authorized by
subsection (a) shall include--
(1) the detail to incarceration facilities within the city
of Anaheim, California and the county of Ventura, California,
of an employee of the Immigration and Naturalization Service
who has expertise in the identification of aliens unlawfully
in the United States, and
(2) provision of funds sufficient to provide for--
(A) access for such employee to records of the Service
necessary to identify such aliens, and
(B) in the case of an individual identified as such an
alien, pre-arraignment reporting to the court regarding the
Service's intention to remove the alien from the United
States.
(c) Termination.--The authority under this section shall
cease to be effective 6 months after the date of the
enactment of this Act.

SEC. 330. PRISONER TRANSFER TREATIES.

(a) Negotiations With Other Countries.--(1) Congress
advises the President to begin to negotiate and renegotiate,
not later than 90 days after the date of enactment of this
Act, bilateral prisoner transfer treaties, providing for the
incarceration, in the country of the alien's nationality, of
any alien who--
(A) is a national of a country that is party to such a
treaty; and
(B) has been convicted of a criminal offense under Federal
or State law and who--
(i) is not in lawful immigration status in the United
States, or
(ii) on the basis of conviction for a criminal offense
under Federal or State law, or on any other basis, is subject
to deportation or removal under the Immigration and
Nationality Act,
for the duration of the prison term to which the alien was
sentenced for the offense referred to in subparagraph (B).
Any such agreement may provide for the release of such alien
pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1), the
President may consider providing for appropriate
compensation, subject to the availability of appropriations,
in cases where the United States is able to independently
verify the adequacy of the sites where aliens will be
imprisoned and the length of time the alien is actually
incarcerated in the foreign country under such a treaty.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the focus of negotiations for such agreements should
be--
(A) to expedite the transfer of aliens unlawfully in the
United States who are (or are about to be) incarcerated in
United States prisons,

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(B) to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States courts,
(C) to eliminate any requirement of prisoner consent to
such a transfer, and
(D) to allow the Federal Government or the States to keep
their original prison sentences in force so that transferred
prisoners who return to the United States prior to the
completion of their original United States sentences can be
returned to custody for the balance of their prisons
sentences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which the
President determines that the number of aliens described in
subsection (a) who are nationals of that country in the
United States represents a significant percentage of all such
aliens in the United States; and
(3) no new treaty providing for the transfer of aliens from
Federal, State, or local incarceration facilities to a
foreign incarceration facility should permit the alien to
refuse the transfer.
(c) Prisoner Consent.--Notwithstanding any other provision
of law, except as required by treaty, the transfer of an
alien from a Federal, State, or local incarceration facility
under an agreement of the type referred to in subsection (a)
shall not require consent of the alien.
(d) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Attorney General shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate stating whether each prisoner transfer treaty to which
the United States is a party has been effective in the
preceding 12 months in bringing about the return of
deportable incarcerated aliens to the country of which they
are nationals and in ensuring that they serve the balance of
their sentences.
(e) Training Foreign Law Enforcement Personnel.--(1)
Subject to paragraph (2), the President shall direct the
Border Patrol Academy and the Customs Service Academy to
enroll for training an appropriate number of foreign law
enforcement personnel, and shall make appointments of foreign
law enforcement personnel to such academies, as necessary to
further the following United States law enforcement goals:
(A) Preventing of drug smuggling and other cross-border
criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into the United
States (including goods the sale of which is illegal in the
United States, the entry of which would cause a quota to be
exceeded, or the appropriate duty or tariff for which has not
been paid).
(2) The appointments described in paragraph (1) shall be
made only to the extent there is capacity in such academies
beyond what is required to train United States citizens
needed in the Border Patrol and Customs Service, and only of
personnel from a country with which the prisoner transfer
treaty has been stated to be effective in the most recent
report referred to in subsection (d).
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 331. PRISONER TRANSFER TREATIES STUDY.

(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report that describes the use and effectiveness of the
prisoner transfer treaties with the three countries with the
greatest number of their nationals incarcerated in the United
States in removing from the United States such incarcerated
nationals.
(b) Use of Treaty.--The report under subsection (a) shall
include--
(1) the number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have
been or are eligible for transfer pursuant to the treaties;
(2) the number of aliens described in paragraph (1) who
have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the treaties;
(4) the number of aliens who are incarcerated in a penal
institution in the United States who are eligible for
transfer pursuant to the treaties; and
(5) the number of aliens described in paragraph (4) who are
incarcerated in Federal, State, and local penal institutions
in the United States.
(c) Recommendations.--The report under subsection (a) shall
include the recommendations of the Secretary of State and the
Attorney General to increase the effectiveness and use of,
and full compliance with, the treaties. In considering the
recommendations under this subsection, the Secretary and the
Attorney General shall consult with such State and local
officials in areas disproportionately impacted by aliens
convicted of criminal offenses as the Secretary and the
Attorney General consider appropriate. Such recommendations
shall address--
(1) changes in Federal laws, regulations, and policies
affecting the identification, prosecution, and deportation of
aliens who have committed criminal offenses in the United
States;
(2) changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal offense
in the United States;
(3) changes in the treaties that may be necessary to
increase the number of aliens convicted of criminal offenses
who may be transferred pursuant to the treaties;
(4) methods for preventing the unlawful reentry into the
United States of aliens who have been convicted of criminal
offenses in the United States and transferred pursuant to the
treaties;
(5) any recommendations by appropriate officials of the
appropriate government agencies of such countries regarding
programs to achieve the goals of, and ensure full compliance
with, the treaties;
(6) whether the recommendations under this subsection
require the renegotiation of the treaties; and
(7) the additional funds required to implement each
recommendation under this subsection.

SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.

Not later than 12 months after the date of the enactment of
this Act, and annually thereafter, the Attorney General shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report detailing--
(1) the number of illegal aliens incarcerated in Federal
and State prisons for having committed felonies, stating the
number incarcerated for each type of offense;
(2) the number of illegal aliens convicted of felonies in
any Federal or State court, but not sentenced to
incarceration, in the year before the report was submitted,
stating the number convicted for each type of offense;
(3) programs and plans underway in the Department of
Justice to ensure the prompt removal from the United States
of criminal aliens subject to removal; and
(4) methods for identifying and preventing the unlawful
reentry of aliens who have been convicted of criminal
offenses in the United States and removed from the United
States.

SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN
TO COMMIT AN OFFENSE UNDER THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT.

(a) Review of Guidelines.--Not later than 6 months after
the date of the enactment of this Act, the United States
Sentencing Commission shall conduct a review of the
guidelines applicable to an offender who conspires with, or
aids or abets, a person who is not a citizen or national of
the United States in committing any offense under section
1010 of the Controlled Substance Import and Export Act (21
U.S.C. 960).
(b) Revision of Guidelines.--Following such review,
pursuant to section 994(p) of title 28, United States Code,
the Commission shall promulgate sentencing guidelines or
amend existing sentencing guidelines to ensure an
appropriately stringent sentence for such offenders.

SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL
REENTRY, AND PASSPORT AND VISA FRAUD.

(a) Failing to Depart.--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 appropriate increases in the base offense
level for offenses under section 242(e) and 276(b) of the
Immigration and Nationality 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 appropriate 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.