Page:United States Statutes at Large Volume 110 Part 4.djvu/791

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-628 (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 8 USC 1101 note, shall apply to actions taken on 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

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