I

104TH CONGRESS

1ST SESSION H. R. 1929

To amend the Immigration and Nationality Act to more effectively prevent

illegal immigration by improving control over the land borders of the

United States, preventing illegal employment of aliens, reducing procedural delays in removing illegal aliens from the United States, providing

wiretap and asset forfeiture authority to combat alien smuggling and

related crimes, increasing penalties for bringing aliens unlawfully into

the United States, and making certain miscellaneous and technical

amendments, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 1995

Mr. BERMAN (by request) introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to more

effectively prevent illegal immigration by improving control over the land borders of the United States, preventing illegal employment of aliens, reducing procedural

delays in removing illegal aliens from the United States,

providing wiretap and asset forfeiture authority to combat alien smuggling and related crimes, increasing penalties for bringing aliens unlawfully into the United

States, and making certain miscellaneous and technical

amendments, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration Enforce5 ment Improvements Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—BORDER ENFORCEMENT

Sec. 101. Authorization for border control strategies.

Sec. 102. Border Patrol expansion.

Sec. 103. Land border inspection enhancements.

Sec. 104. Increased penalties for failure to depart, illegal reentry, and passport

and visa fraud.

Sec. 105. Pilot program on interior repatriation of deportable or excludable

aliens.

Sec. 106. Special exclusion in extraordinary migration situations.

Sec. 107. Immigration emergency provisions.

Sec. 108. Commuter lane pilot programs.

TITLE II—CONTROL OF UNLAWFUL EMPLOYMENT AND VERIFICATION

Sec. 201. Reducing the number of employment verification documents.

Sec. 202. Employment verification pilot projects.

Sec. 203. Confidentiality of data under employment eligibility verification pilot

projects.

Sec. 204. Collection of Social Security numbers.

Sec. 205. Employer sanctions penalties.

Sec. 206. Criminal penalties for document fraud.

Sec. 207. Civil penalties for document fraud.

Sec. 208. Subpoena authority.

Sec. 209. Increased penalties for employer sanctions involving labor standards

violations.

Sec. 210. Increased civil penalties for unfair immigration-related employment

practices.

Sec. 211. Retention of employer sanctions fines for law enforcement purposes.

Sec. 212. Telephone verification system fee.

Sec. 213. Authorizations.

TITLE III—ILLEGAL ALIEN REMOVAL

Sec. 301. Civil penalties for failure to depart.

Sec. 302. Judicial deportation.

Sec. 303. Conduct of proceedings by electronic means.

Sec. 304. Subpoena authority.
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Sec. 305. Stipulated exclusion and deportation.

Sec. 306. Streamlining appeals from orders of exclusion and deportation.

Sec. 307. Sanctions against countries refusing to accept deportation of their

nationals.

Sec. 308. Custody of aliens convicted of aggravated felonies.

Sec. 309. Limitations on relief from exclusion and deportation.

Sec. 310. Rescission of lawful permanent resident status.

Sec. 311. Increasing efficiency in removal of detailed aliens.

TITLE IV—ALIEN SMUGGLING CONTROL

Sec. 401. Wiretap authority for investigations of alien smuggling and document

fraud.

Sec. 402. Applying racketeering offenses to alien smuggling.

Sec. 403. Expanded asset forfeiture for smuggling or harboring aliens.

Sec. 404. Increased criminal penalties for alien smuggling.

Sec. 405. Undercover investigation authority.

Sec. 406. Amended definition of aggravated felony.

TITLE V—INSPECTIONS AND ADMISSIONS

Sec. 501. Civil penalties for bringing inadmissible aliens from contiguous territories.

Sec. 502. Definition of stowaway; excludability of stowaway; carrier liability for

costs of detention.

Sec. 503. List of alien and citizen passengers arriving or departing.

Sec. 504. Elimination of limitations on immigration user fees for certain cruise

ship passengers.

Sec. 505. Transportation line responsibility for transit without visa aliens.

Sec. 506. Authority to determine visa processing procedures.

Sec. 507. Border services user fee.

TITLE VI—MISCELLANEOUS AND TECHNICAL AMENDMENTS

Sec. 601. Alien prostitution.

Sec. 602. Grants to States for medical assistance to undocumented immigrants.

Sec. 603. Technical corrections to Violent Crime Control Act and Technical

Corrections Act.

Sec. 604. Expeditious deportation.

Sec. 605. Authorization for use of volunteers.

Sec. 606. Waiver of exclusion and deportation ground for certain section 274C

violators.

1 TITLE I—BORDER ENFORCEMENT

2 SEC. 101. AUTHORIZATION FOR BORDER CONTROL STRATE3 GIES.

4 There are authorized to be appropriated to the De5 partment of Justice such funds as may be necessary to

6 provide for expansion of efforts to prevent illegal immigra-
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1 tion through direct deterrence at the land borders of the

2 United States.

3 SEC. 102. BORDER PATROL EXPANSION.

4 The Attorney General, in each of fiscal years 1996,

5 1997, and 1998, shall increase to the maximum extent

6 feasible and consistent with standards of professionalism

7 and training requirements, the number of full time, active8 duty Border Patrol agents by no fewer than 700, above

9 the number of such agents on duty at the end of fiscal

10 year 1995, as well as hire an appropriate number of per11 sonnel needed to support these agents.

12 SEC. 103. LAND BORDER INSPECTION ENHANCEMENTS.

13 To eliminate undue delay in the thorough inspection

14 of persons and vehicles lawfully attempting to enter the

15 United States, the Attorney General, subject to appropria16 tion or availability of funds in the border services user fee

17 account, shall increase in fiscal years 1996 and 1997 the

18 number of full time land border inspectors assigned to ac19 tive duty by the Immigration and Naturalization Service

20 to a level adequate to assure full staffing of all border

21 crossing lands now in use, under construction, or whose

22 construction has been authorized by Congress.
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1 SEC. 104. INCREASED PENALTIES FOR FAILURE TO DE2 PART, ILLEGAL REENTRY, AND PASSPORT

3 AND VISA FRAUD.

4 (a) The United States Sentencing Commission shall

5 promptly promulgate, pursuant to section 994 of title 28,

6 United States Code, amendments to the sentencing guide7 lines to make appropriate increases in the base offense lev8 els for offenses under section 242(e) and 276(b) of the

9 Immigration and Nationality Act (8 U.S.C. 1252(e) and

10 1326(b)) to reflect the amendments made by section

11 130001 of the Violent Crime Control and Law Enforce12 ment Act of 1994, Public Law 103–322, 108 Stat. 1796,

13 2023 (Sept. 13, 1994).

14 (b) The United States Sentencing Commission shall

15 promptly promulgate, pursuant to section 994 of title 28,

16 United States Code, amendments to the sentencing guide17 lines to make appropriate increases in the base offense lev18 els for offenses under section 1541–1546 of title 18,

19 United States Code, to reflect the amendments made by

20 section 130009 of the Violent Crime Control and Law En21 forcement Act of 1994, Public Law 103–322, 108 Stat.

22 1796, 2030 (Sept. 13, 1994).

23 SEC. 105. PILOT PROGRAM ON INTERIOR REPATRIATION

24 OF DEPORTABLE OR EXCLUDABLE ALIENS.

25 (a) ESTABLISHMENT.—Not later than 180 days after

26 the date of enactment of this Act, the Attorney General
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1 after consultation with the Secretary of State, may estab2 lish a pilot program for up to two years which provides

3 for interior repatriation and other disincentives for mul4 tiple unlawful entries into the United States.

5 (b) REPORT.—If the Attorney General establishes

6 such a pilot program, not later than 3 years after the date

7 of enactment of this Act, the Attorney General, together

8 with the Secretary of State, shall submit a report to the

9 Committees on the Judiciary of the House of Representa10 tives and of the Senate on the operation of the pilot pro11 gram under this section and whether the pilot program

12 or any part thereof should be extended or made perma13 nent.

14 SEC. 106. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRA15 TION SITUATIONS.

16 Section 235 of the Immigration and Nationality Act

17 (8 U.S.C. 1225) is amended—

18 (1) in subsection (b), by inserting at the end

19 the following sentence: ‘‘If the alien has arrived from

20 a foreign territory contiguous to the United States,

21 either at a land port of entry or on the land of the

22 United States other than at a designated port of

23 entry, the alien may be returned to that territory

24 pending the inquiry.’’; and
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1 (2) by adding at the end the following new sub2 sections (d) and (e):

3 ‘‘(d) SPECIAL EXCLUSION FOR EXTRAORDINARY MI4 GRATION SITUATIONS.—

5 ‘‘(1) Notwithstanding the provisions of section

6 (b) of this section and of section 236, the Attorney

7 General under the circumstances described in sub8 paragraphs (A) and (B) may, without referral to an

9 immigration judge, order the exclusion and deporta10 tion of an alien who appears to an examining immi11 gration officer to be excludable. The Attorney Gen12 eral shall by regulation establish a procedure for

13 special orders of exclusion and deportation under

14 this subsection when, in the case of an alien who is,

15 or aliens who are excludable under section 212(a)—

16 ‘‘(A) the Attorney General determines that

17 the numbers of circumstances of aliens en route

18 to or arriving in the United States, including by

19 aircraft, present an extraordinary migration sit20 uation; or

21 ‘‘(B) the alien—

22 ‘‘(i) is brought or escorted under the

23 authority of the United States into the

24 United States, having been on board a ves25 sel encountered outside of the territorial
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1 waters of the United States by officers of

2 the United States;

3 ‘‘(ii) is brought or escorted under the

4 authority of the United States to a port or

5 entry, having been on board a vessel en6 countered within the territorial sea or in7 ternal waters of the United States; or

8 ‘‘(iii) has arrived on a vessel trans9 porting aliens to the United States without

10 such alien having received prior official au11 thorization to come to, enter, or reside in

12 the United States.

13 The judgment whether there exists an extraordinary

14 migration situation with the meaning of (A) or

15 whether to invoke the provisions of (B) is committed

16 to the sole and exclusive discretion of the Attorney

17 General: Provided, That the provisions of this sub18 section may be invoked by the Attorney General

19 under subparagraph (A) for a period not exceed

20 ninety days, unless, within such ninety-day period or

21 extension thereof, the Attorney General determines,

22 after consultation with the Committees on the Judi23 ciary of the Senate and the House of Representa24 tives, that an extraordinary migration situation con-
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1 tinues to warrant such procedures remaining in

2 place for an additional ninety-day period.

3 ‘‘(2) As used in this section, ‘extraordinary mi4 gration situation’ means the arrival or imminent ar5 rival in the United States or its territorial waters of

6 aliens who by their numbers or circumstances sub7 stantially exceed the capacity for the inspection and

8 examination of such aliens.

9 ‘‘(3) When the Attorney General determines to

10 invoke the provisions of paragraph (1), the Attorney

11 General may, pursuant to this section and sections

12 235(e) and 106(f), suspend the normal operation of

13 immigration regulations regarding the inspection

14 and exclusion of aliens.

15 ‘‘(4) No alien may be ordered specially excluded

16 under paragraph (1) if: (A) such alien is eligible to

17 seek and seeks asylum under section 208; and (B)

18 the Attorney General determines such alien has a

19 credible fear of persecution on account of race, reli20 gion, nationality, membership in a particular social

21 group, or political opinion, in the country of such

22 person’s nationality, or in the case of a person hav23 ing no nationality, the country in which such person

24 last habitually resided. The Attorney General may

25 by regulation provide that, notwithstanding this
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1 paragraph, an alien may be returned to a country

2 where the alien does not have a credible fear of per3 secution or of return to persecution. As used herein,

4 the term ‘credible fear of persecution’ means that:

5 (A) it is probable that the statements made by the

6 alien in support of his or her claim are true; and (B)

7 in light of such statements and country conditions,

8 the alien has a reasonable possibility of establishing

9 eligibility as a refugee within the meaning of section

10 of section 101(a)(42)(A). An alien determined to

11 have a credible fear of persecution shall be taken be12 fore an immigration judge for a hearing in accord13 ance with section 236.

14 ‘‘(5) Notwithstanding the provisions of para15 graph (4), the Attorney General may provide that an

16 application for asylum made by an alien arriving in

17 the United States under the circumstances described

18 in subparagraph (A) of paragraph (1) be considered

19 pursuant to section 208 and any regulations promul20 gated thereunder for applications considered pursu21 ant to this paragraph: Provided, however, That an

22 alien not granted asylum is subject to a special order

23 of exclusion under paragraph (1).

24 ‘‘(6) A special exclusion order entered in ac25 cordance with the provisions of this subsection is not
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1 subject to administrative appeal, except that the At2 torney General shall provide by regulation for—

3 ‘‘(A) prompt review of such an order

4 against an applicant who appears to have been

5 lawfully admitted for permanent residence; and

6 ‘‘(B) prompt review of such an order en7 tered against an alien physically present in the

8 United States who has sought asylum under

9 section 208 and was determined not to have a

10 credible fear of persecution under paragraph

11 (4). Such review shall be conducted by an offi12 cer or officers of the Department of Justice

13 specially trained in asylum and refugee law.

14 ‘‘(7) A special exclusion order shall have the

15 same effect as if the alien had been ordered excluded

16 and deported pursuant to section 236, except that

17 judicial review of such an order shall be available

18 only under section 106(f).

19 ‘‘(8) Nothing in this subsection shall be re20 garded as requiring a hearing before an immigration

21 judge in the case of an alien crewman or alien stow22 away.

23 ‘‘(e) NO COLLATERAL ATTACK.—In any action

24 brought for the assessment of penalties for improper entry

25 or reentry of an alien under sections 275 and 276 of the
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1 Immigration and Nationality Act, no court shall have ju2 risdiction to hear claims attacking the validity of orders

3 of special exclusion entered under this section.’’.

4 SEC. 107. IMMIGRATION EMERGENCY PROVISIONS.

5 (a) REIMBURSEMENT OF FEDERAL AGENCIES FROM

6 IMMIGRATION EMERGENCY FUND.—Section 404(b) of the

7 Immigration and Nationality Act (8 U.S.C. 1101 note) is

8 amended—

9 (1) in paragraph (1) after ‘‘paragraph (2)’’ by

10 replacing ‘‘and’’ with ‘‘,’’, striking ‘‘state’’, inserting

11 ‘‘other Federal agencies and States’’, inserting ‘‘and

12 for the costs associated with repatriation of aliens

13 attempting to enter the United States illegally,

14 whether apprehended within or outside the terri15 torial sea of the United States’’ before ‘‘except’’, and

16 by adding the following language at the end of para17 graph (1): ‘‘Provided, That the fund may be used for

18 the costs of such repatriations without the require19 ment for a determination by the President that an

20 immigration emergency exists.’’; and

21 (2) in paragraph (2)(A), by inserting ‘‘to Fed22 eral agencies providing support to the Department

23 of Justice or’’ after ‘‘available’’.

24 (b) VESSEL MOVEMENT CONTROLS.—Section 191 of

25 title 50, United States Code, is amended by inserting ‘‘or
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1 whenever the Attorney General determines that an actual

2 or anticipated mass migration of aliens en route to or ar3 riving off the coast of the United States presents urgent

4 circumstances requiring an immediate Federal response,’’

5 after ‘‘United States,’’ the first time it appears.

6 (c) DELEGATION OF IMMIGRATION ENFORCEMENT

7 AUTHORITY.—Section 103 of the Immigration and Na8 tionality Act (8 U.S.C. 1103) is amended by adding at

9 the end of subsection (a) a new sentence to read as follows:

10 ‘‘In the event the Attorney General determines that an

11 actual or imminent mass influx of aliens arriving off the

12 coast of the United States presents urgent circumstances

13 requiring an immediate Federal response, the Attorney

14 General may authorize, with the consent of the head of

15 the department, agency, or establishment under whose ju16 risdiction the individual is serving, any specially des17 ignated state or local law enforcement officer to perform

18 or exercise any of the powers, privileges, or duties con19 ferred or imposed by this Act or regulations issued there20 under upon officers or employees of the Service.’’.

21 SEC. 108. COMMUTER LANE PILOT PROGRAMS.

22 (a) Section 286(q) of the Immigration and National23 ity Act (8 U.S.C. 1356) is amended—

24 (1) in paragraph (1), by striking ‘‘a project’’

25 and inserting ‘‘projects’’;
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1 (2) in paragraph (1), by striking ‘‘Such

2 project’’ and inserting ‘‘Such projects’’; and

3 (3) by striking paragraph (5).

4 (b) The Departments of Commerce, Justice, and

5 State, the Judiciary, and Related Agencies Appropriation

6 Act, 1994 (Public Law 103–121, 107 Stat. 1161), is

7 amended by striking the fourth proviso under the heading

8 ‘‘Immigration and Naturalization Service, Salaries and

9 Expenses’’.

10 TITLE II—CONTROL OF UNLAWFUL

11 EMPLOYMENT AND VERIFICATION

12 SEC. 201. REDUCING THE NUMBER OF EMPLOYMENT VER13 IFICATION DOCUMENTS.

14 (a) PROVISION OF SOCIAL SECURITY ACCOUNT NUM15 BERS.—Section 274A of the Immigration and Nationality

16 Act (8 U.S.C. 1324a) is amended by adding at the end

17 of subsection (b)(2) a new sentence to read as follows:

18 ‘‘The Attorney General is authorized to require an individ19 ual to provide on the form described in subsection

20 (b)(1)(A) that individual’s Social Security account number

21 for purposes of complying with this section.’’.

22 (b) CHANGES IN ACCEPTABLE DOCUMENTATION FOR

23 EMPLOYMENT AUTHORIZATION AND IDENTITY.—Section

24 274A(b)(1) of the Immigration and Nationality Act (8

25 U.S.C. 1324a(b)(1)) is amended—
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1 (1) in subparagraph (B)—

2 (A) by striking clauses (ii), (iii), and (iv)

3 and redesignating clause (v) as clause (ii),

4 (B) in clause (i), by adding at the end

5 ‘‘or’’, and

6 (C) in redesignated clause (ii), by revising

7 the introductory text to read as follows:

8 ‘‘(ii) resident alien card, alien reg9 istration card, or other document des10 ignated by regulation by the Attorney Gen11 eral, if the document—’’; and

12 (D) in redesignated clause (ii) by striking

13 the period after subclause (II) and by adding a

14 new subclause (III) to read as follows:

15 ‘‘(III) and contains appropriate

16 security features.’’ and

17 (2) in subparagraph (C)—

18 (A) by inserting ‘‘or’’ after the ‘‘;’’ at the

19 end of clause (i),

20 (B) by striking clause (ii), and

21 (C) by redesignating clause (iii) as clause

22 (ii).

23 (c) EFFECTIVE DATE.—The amendments made by

24 subsections (a) and (b) shall apply with respect to hiring

25 (or recruiting or referring) occurring on or after such date
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1 (not later than 180 days after the date of the enactment

2 of this Act) as the Attorney General shall designate.

3 SEC. 202. EMPLOYMENT VERIFICATION PILOT PROJECTS.

4 (a) The Attorney General, together with the Commis5 sion of Social Security, shall conduct pilot projects to test

6 methods to accomplish reliable verification of eligibility for

7 employment in the United States. The pilot projects tested

8 may include—

9 (1) an expansion of the telephone verification

10 system to include, by the end of Fiscal Year 1996,

11 participation by up to 1,000 employers;

12 (2) a process which allows employers to verify

13 the eligibility for employment of new employees

14 using Social Security Administration (SSA) records

15 and, if necessary, to conduct a cross-check using Im16 migration and Naturalization Service (INS) records;

17 (3) a simulated linkage of the electronic records

18 of the INS and the SSA to test the technical fea19 sibility of establishing a linkage between the actual

20 electronic records of the INS and the SSA; or

21 (4) improvements and additions to the elec22 tronic records of the INS and the SSA for the pur23 pose of using such records for verification of employ24 ment eligibility.
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1 (b) The pilot projects referred to in subsection (a)

2 shall be conducted in such locations and with such number

3 of employers as is consistent with their pilot status.

4 (c) The pilot projects referred to in subsection (a)

5 shall begin not later than 12 months after the enactment

6 of this Act and may continue for a period of 3 years. Dur7 ing the pilot project, the Attorney General shall track com8 plaints of discrimination arising from the administration

9 or enforcement of the pilot project. Not later than 60 days

10 prior to the conclusion of this 3-year period, the Attorney

11 General shall submit to the Congress a report on the pilot

12 projects. The report shall include evaluations of each of

13 the pilot projects according to the following criteria: cost

14 effectiveness, technical feasibility, resistance to fraud, pro15 tection of confidentiality and privacy, and protection

16 against discrimination, and which projects, if any, should

17 be adopted.

18 (d) Upon completion of the report required by sub19 section (c), the Attorney General is authorized to continue

20 implementation on a pilot basis for an additional period

21 of 1 year any or all of the pilot projects authorized in sub22 section (a). The Attorney General shall inform Congress

23 of a decision to exercise this authority not later than the

24 end of the 3-year period specified in subsection (c).
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1 (e) Nothing in this section shall exempt the pilot

2 projects from any and all applicable civil rights laws, in3 cluding, but not limited to, Section 102 of the Immigra4 tion Reform and Control Act of 1986, as amended; title

5 VII of the Civil Rights Act of 1964, as amended; the Age

6 Discrimination in Employment Act of 1967, as amended;

7 the Equal Pay Act of 1963, as amended; and the Ameri8 cans with Disabilities Act of 1990, as amended.

9 (f) In conducting the pilot projects referred to in sub10 section (a), the Attorney General may require appropriate

11 notice to prospective employees concerning the employers’

12 participation in the pilot projects. Any notice should con13 tain information for filing complaints with the Attorney

14 General regarding operation of the pilot projects, includ15 ing discrimination in the hiring and firing of employees

16 and applicants on the basis of race, national origin, or citi17 zenship status.

18 SEC. 203. CONFIDENTIALITY OF DATA UNDER EMPLOY19 MENT ELIGIBILITY VERIFICATION PILOT

20 PROJECTS.

21 (a) Any personal information obtained in connection

22 with a pilot project under section 202 may not be made

23 available to Government agencies, employers, or other per24 sons except to the extent necessary—
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1 (1) to verify that an employee is not an unau2 thorized alien (as defined in section 274A(h)(3) of

3 the Immigration and Nationality Act (8 U.S.C.

4 1324a(h)(3)));

5 (2) to take other action required to carry out

6 section 202; or

7 (3) to enforce the Immigration and Nationality

8 Act (8 U.S.C. 1101 et seq.) or sections 911, 1001,

9 1028, 1546, or 1621 of title 18, United States Code.

10 (b) No employer may participate in a pilot project

11 under section 202 unless the employer has in place such

12 procedures as the Attorney General shall require—

13 (1) to safeguard all personal information from

14 unauthorized disclosure and condition redisclosure of

15 such information to any person or entity upon its

16 agreement also to safeguard such information; and

17 (2) to provide notice to all individuals of the

18 right to request an agency to correct or amend the

19 individual’s record and the steps to follow to make

20 such a request.

21 (c)(1) Any person who is a United States citizen,

22 United States national, lawful permanent resident, or

23 other employment authorized alien, and who is subject to

24 work authorization verification under section 202 shall be

25 considered an individual under section 552a(a)(2) of title
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1 5, United States Code, but only with respect to records

2 covered by this section.

3 (2) For purposes of this section, a record shall mean

4 an item, collection, or grouping of information about an

5 individual that is created, maintained, or used by a Fed6 eral agency in the course of a pilot project under section

7 202 to make a final determination concerning an individ8 ual’s authorization to work in the United States, and that

9 contains the individual’s name or identifying number,

10 symbol, or other identifying particular assigned to the in11 dividual.

12 (d) Whenever an employer or other person willfully

13 and knowingly—

14 (1) discloses or uses information for a purpose

15 other than those permitted under subsection (a); or

16 (2) fails to comply with a requirement of the

17 Attorney General pursuant to subsection (b);

18 after notice and opportunity for an administrative hearing

19 conducted by the Attorney General or the Commissioner

20 of Social Security, as appropriate, or by a designee, the

21 employer or other person shall be subject to a civil money

22 penalty of not less than $1,000 nor more than $10,000

23 for each violation. In determining the amount of the pen24 alty, consideration shall be given to the intent of the per-
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1 son committing the violation, the impact of the violation,

2 and any history of previous violations by the person.

3 (e) Nothing in this section shall limit the rights and

4 remedies otherwise available to United States citizens and

5 lawful permanent residents under section 552a of title 5,

6 United States Code.

7 (f) Nothing in this section 202 shall be construed to

8 authorize, directly or indirectly, the issuance or use of na9 tional identification cards or the establishment of a na10 tional identification card.

11 SEC. 204. COLLECTION OF SOCIAL SECURITY NUMBERS.

12 Section 264 of the Immigration and Nationality Act

13 (8 U.S.C. 1304) is amended by adding at the end a new

14 subsection (f) to read as follows:

15 ‘‘(f) Notwithstanding any other provision of law, the

16 Attorney General is authorized to require any alien to pro17 vide the alien’s Social Security account number for pur18 poses of inclusion in any record of the alien maintained

19 by the Attorney General.’’.

20 SEC. 205. EMPLOYER SANCTIONS PENALTIES.

21 (a) INCREASED CIVIL MONEY PENALTIES FOR HIR22 ING, RECRUITING, AND REFERRAL VIOLATIONS.—Section

23 274A(e)(4)(A) of the Immigration and Nationality Act (8

24 U.S.C. 1324(e)(4)(A)) is amended—
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1 (1) in clause (i), by striking ‘‘$250’’ and

2 ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, re3 spectively;

4 (2) in clause (ii), by striking ‘‘$2,000’’ and

5 ‘‘$5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, re6 spectively; and

7 (3) in clause (iii), by striking ‘‘$3,000’’ and

8 ‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,

9 respectively.

10 (b) INCREASED CIVIL MONEY PENALTIES FOR PA11 PERWORK VIOLATIONS.—Section 274A(e)(5) of the Immi12 gration and Nationality Act (8 U.S.C. 1324a(e)(5)) is

13 amended by striking ‘‘$100’’ and ‘‘$1,000’’ and inserting

14 ‘‘$200’’ and ‘‘$5,000’’, respectively.

15 (c) INCREASED CRIMINAL PENALTIES FOR PATTERN

16 OR PRACTICE VIOLATIONS.—Section 274A(f)(1) of the

17 Immigration and Nationality Act (8 U.S.C. 1324a(f)(1))

18 is amended by inserting the phrase ‘‘guilty of a felony and

19 shall be’’ immediately after the phrase ‘‘subsection

20 (a)(1)(A) or (a)(2).’’ Section 274A(f)(1) of such Act is

21 further amended by striking ‘‘$3,000’’ and ‘‘six months’’

22 and inserting ‘‘$7,000’’ and ‘‘two years’’, respectively.

23 SEC. 206. CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

24 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

25 IDENTIFICATION DOCUMENTS.—Section 1028(b)(1) of
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1 title 18, United States Code, is amended by striking ‘‘five

2 years’’ and inserting ‘‘10 years’’ and by adding at the end

3 the following new provision: ‘‘Notwithstanding any other

4 provision of this title, the maximum term of imprisonment

5 that may be imposed for an offense under this section—

6 ‘‘(1) if committed to facilitate a drug traffick7 ing crime (as defined in 929(a)) is 15 years; and

8 ‘‘(2) if committed to facilitate an act of inter9 national terrorism (as defined in section 2331) is 20

10 years.’’.

11 (b) CHANGES TO THE SENTENCING LEVELS.—Pur12 suant to section 994 of title 28, United States Code, and

13 section 21 of the Sentencing Act of 1987, the United

14 States Sentencing Commission shall promptly promulgate

15 guidelines, or amend existing guidelines, to make appro16 priate increases in the base offense levels for offenses

17 under section 1028(a) of title 18, United States Code.

18 SEC. 207. CIVIL PENALTIES FOR DOCUMENT FRAUD.

19 (a) ACTIVITIES PROHIBITED.—Section 274C(a) of

20 the Immigration and Nationality Act (8 U.S.C. 1324c(a))

21 is amended—

22 (1) by striking ‘‘or’’ at the end of paragraph

23 (3);

24 (2) by striking the period and inserting ‘‘; or’’

25 at the end of paragraph (4); and
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1 (3) by adding at the end the following:

2 ‘‘(5) to present before boarding a common car3 rier for the purpose of coming to the United States

4 a document that relates to the alien’s eligibility to

5 enter the United States and to fail to present such

6 document to an immigration officer upon arrival at

7 a United States port of entry, or

8 ‘‘(6) in reckless disregard of the fact that the

9 information is false or does not relate to the appli10 cant, to prepare, to file, or to assist another in pre11 paring or filing, documents which are falsely made

12 (including but not limited to documents which con13 tain false information, material misrepresentation,

14 or information which does not relate to the appli15 cant) for the purposes of satisfying a requirement of

16 this Act.

17 The Attorney General may waive the penalties of this sec18 tion with respect to an alien who knowingly violates para19 graph (5) if the alien is subsequently granted asylum

20 under section 208 or withholding of deportation under sec21 tion 243(h). For the purposes of this section, the phrase

22 ‘falsely made any document’ includes the preparation or

23 provision of any document required under this Act, with

24 knowledge or in reckless disregard of the fact that such

25 document contains false, fictitious, or fraudulent state-
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1 ment or material representation, or has no basis in law

2 or fact, or otherwise fails to state a material fact pertain3 ing to the document.’’.

4 (b) CONFORMING AMENDMENTS FOR CIVIL PEN5 ALTIES.—Section 274C(d)(3) of the Immigration and Na6 tionality Act (8 U.S.C. 1324c(d)(3)) is amended by strik7 ing ‘‘each document used, accepted, or created and each

8 instance of use, acceptance, or creation’’ in each of the

9 two places it appears and inserting ‘‘each document that

10 is the subject of a violation under subsection (a)’’.

11 SEC. 208. SUBPOENA AUTHORITY.

12 (a) IMMIGRATION OFFICER AUTHORITY.—

13 (1) Section 274A(e)(2) of the Immigration and

14 Nationality Act (8 U.S.C. 1324a(e)(2)) is amended

15 by—

16 (A) striking at the end of subparagraph

17 (A) ‘‘and’’;

18 (B) striking at the end of subparagraph

19 (B) ‘‘.’’ and inserting ‘‘; and’’; and

20 (C) adding a new subparagraph (C) to

21 read as follows:

22 ‘‘(C) immigration officers designated by

23 the Commissioner may compel by subpoena the

24 attendance of witnesses and the production of

25 evidence at any designated place prior to the fil-
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1 ing of a complaint in a case under paragraph

2 (3).’’.

3 (2) Section 274C(d)(1) of the Immigration and

4 Nationality Act (8 U.S.C. 1324(a)(3)(2)) is amend5 ed by—

6 (A) striking at the end of subparagraph

7 (A) ‘‘and’’;

8 (B) striking at the end of subparagraph

9 (B) ‘‘.’’ and inserting ‘‘, and’’; and

10 (C) adding a new subparagraph (C) to

11 read as follows:

12 ‘‘(C) immigration officers designated by

13 the Commissioner may compel by subpoena the

14 attendance of witnesses and the production of

15 evidence at any designated place prior to the fil16 ing of a complaint in a case under paragraph

17 (2).’’.

18 (b) SECRETARY OF LABOR SUBPOENA AUTHOR19 ITY.—The Immigration and Nationality Act is amended

20 by adding a new section 294 (8 U.S.C. 1364) to read as

21 follows:

22 ‘‘SEC. 294. SECRETARY OF LABOR SUBPOENA AU23 THORITY.—The Secretary of Labor may issue subpoenas

24 requiring the attendance and testimony of witnesses or the

25 production of any records, books, papers, or documents
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1 in connection with any investigation or hearing conducted

2 in the enforcement of any immigration program for which

3 the Secretary of Labor has been delegated enforcement

4 authority under the Act. In such hearing, the Secretary

5 of Labor may administer oaths, examine witnesses, and

6 receive evidence. For the purpose of any such hearing or

7 investigation, the authority contained in sections 9 and 10

8 of the Federal Trade Commission Act (15 U.S.C. 49, 50),

9 relating to the attendance of witnesses and the production

10 of books, papers, and documents, shall be available to the

11 Secretary of Labor.’’.

12 SEC. 209. INCREASED PENALTIES FOR EMPLOYER SANC13 TIONS INVOLVING LABOR STANDARDS VIOLA14 TIONS.

15 (a) Section 274A(e) of the Immigration and Nation16 ality Act (8 U.S.C. 1324a(e)) is amended by adding a new

17 paragraph (10) to read as follows:

18 ‘‘(10)(A) The administrative law judge shall

19 have the authority to require payment of a civil

20 money penalty in an amount up to two times the

21 level of the penalty prescribed by this subsection in

22 any case where the employer has been found to have

23 committed willful or repeated violations of any of the

24 following statutes:
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1 ‘‘(i) The Fair Labor Standards Act (29

2 U.S.C. 201 et seq.), pursuant to a final deter3 mination by the Secretary of Labor or a court

4 of competent jurisdiction.

5 ‘‘(ii) The Migrant and Seasonal Agricul6 tural Worker Protection Act (29 U.S.C. 1801 et

7 seq.), pursuant to a final determination by the

8 Secretary of Labor or a court of competent ju9 risdiction.

10 ‘‘(iii) The Family and Medical Leave Act

11 (29 U.S.C. et seq.), pursuant to a final deter12 mination by a court of competent jurisdiction.

13 ‘‘(B) The Secretary of Labor and the Attorney

14 General shall consult regarding the administration of

15 the provisions of this paragraph.’’.

16 (b) Section 274B(g) of the Immigration and Nation17 ality Act (8 U.S.C. 1324b(g)) is amended by adding a new

18 paragraph (4) to read as follows:

19 ‘‘(4)(A) The administrative law judge shall have

20 the authority to require payment of a civil money

21 penalty in an amount up to two times the level of

22 the penalty prescribed by this subsection in any case

23 where the employer has been found to have commit24 ted willful or repeated violations of any of the follow25 ing statutes:
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•HR 1929 IH

1 ‘‘(i) The Fair Labor Standards Act, (29

2 U.S.C. 201 et seq.), pursuant to a final deter3 mination by the Secretary of Labor or a court

4 of competent jurisdiction.

5 ‘‘(ii) The Migrant and Seasonal Agricul6 tural Worker Protection Act (29 U.S.C. 1801 et

7 seq.), pursuant to a final determination by the

8 Secretary of Labor or a court of competent ju9 risdiction.

10 ‘‘(iii) The Family and Medical Leave Act

11 (29 U.S.C. 2601 et seq.), pursuant to a final

12 determination by a court of competent jurisdic13 tion.

14 ‘‘(B) The Secretary of Labor and the Attorney

15 General shall consult regarding the administration of

16 the provisions of this paragraph.’’.

17 (c) Section 274C(d) of the Immigration and Nation18 ality Act (8 U.S.C. 1324c(d)) is amended by adding a new

19 paragraph (7) to read as follows:

20 ‘‘(7)(A) The administrative law judge shall have

21 the authority to require payment of a civil money

22 penalty in an amount up to two times the level of

23 the penalty prescribed by this subsection in any case

24 where the employer has been found to have commit-
30

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1 ted willful or repeated violations of any of the follow2 ing statutes:

3 ‘‘(i) The Fair Labor Standards Act, (29

4 U.S.C. 201 et seq.), pursuant to a final deter5 mination by the Secretary of Labor or a court

6 of competent jurisdiction.

7 ‘‘(ii) The Migrant and Seasonal Agricul8 tural Worker Protection Act, (29 U.S.C. 1801

9 et seq.), pursuant to a final determination by

10 the Secretary of Labor or a court of competent

11 jurisdiction.

12 ‘‘(iii) The Family and Medical Leave Act

13 (29 U.S.C. 2601 et seq.), pursuant to a final

14 determination by a court of competent jurisdic15 tion.

16 ‘‘(B) The Secretary of Labor and the Attorney

17 General shall consult regarding the administration of

18 the provisions of this paragraph.’’.

19 SEC. 210. INCREASED CIVIL PENALTIES FOR UNFAIR IMMI20 GRATION–RELATED EMPLOYMENT PRAC21 TICES.

22 (a) Section 274B(g)(2)(B) of the Immigration and

23 Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended—
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1 (1) in clause (iv)(I), by striking ‘‘$250’’ and

2 ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, re3 spectively;

4 (2) in clause (iv)(II), by striking ‘‘$2,000’’ and

5 ‘‘$5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, re6 spectively;

7 (3) in clause (iv)(III), by striking ‘‘$3,000’’ and

8 ‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,

9 respectively; and

10 (4) in clause (iv)(IV), by striking ‘‘$100’’ and

11 ‘‘$1,000’’ and inserting ‘‘$200’’ and ‘‘$5,000’’, re12 spectively.

13 SEC. 211. RETENTION OF EMPLOYER SANCTIONS FINES

14 FOR LAW ENFORCEMENT PURPOSES.

15 Section 286(c) of the Immigration and Nationality

16 Act, 8 U.S.C. 1356(c) is amended by striking the period

17 at the end of the section and by adding the following: ‘‘:

18 Provided further, That all monies received during each fis19 cal year in payment of penalties under section 274A of

20 this Act in excess of $5,000,000 shall be credited to the

21 Immigration and Naturalization Service Salaries and Ex22 penses appropriations account that funds activities and re23 lated expenses associated with enforcement of that section

24 and shall remain available until expended.’’.
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1 SEC. 212. TELEPHONE VERIFICATION SYSTEM FEE.

2 Section 274A(d) of the Immigration and Nationality

3 Act (8 U.S.C. 1324a(d)) is amended by adding at the end

4 a new paragraph (5) to read as follows:

5 ‘‘(5) TELEPHONE VERIFICATION SYSTEM

6 FEE.—

7 ‘‘(A) The Attorney General is authorized

8 to collect a fee from employers, recruiters, or

9 referrers who subscribe to participate in a tele10 phone verification system pilot under this sec11 tion.

12 ‘‘(B) Funds collected pursuant to this au13 thorization shall be deposited as offsetting col14 lections to the Immigration and Naturalization

15 Service Salaries and Expenses appropriations

16 account solely to fund the costs incurred to pro17 vide alien employment verification services

18 through such a system.’’.

19 SEC. 213. AUTHORIZATIONS.

20 There are authorized to be appropriated such sums

21 as may be necessary to carry out this title. None of the

22 costs incurred in carrying out this title shall be paid for

23 out of any trust fund established under the Social Security

24 Act.
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1 TITLE III—ILLEGAL ALIEN REMOVAL

2 SEC. 301. CIVIL PENALTIES FOR FAILURE TO DEPART.

3 The Immigration and Nationality Act is amended by

4 adding a new section 274D (8 U.S.C. 1324d) to read as

5 follows:

6 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

7 ‘‘SEC. 274D. (a) Any alien subject to a final order

8 of exclusion and deportation or deportation who—

9 ‘‘(1) willfully fails or refuses to—

10 ‘‘(A) depart from the United States pursu11 ant to the order;

12 ‘‘(B) make timely application in good faith

13 for travel or other documents necessary for de14 parture; or

15 ‘‘(C) present for deportation at the time

16 and place required by the Attorney General; or

17 ‘‘(2) conspires to or takes any action designed

18 to prevent or hamper the alien’s departure pursuant

19 to the order;

20 shall pay a civil penalty of not more than $500 to the

21 Commissioner as offsetting collections for each day the

22 alien is in violation of this section.

23 ‘‘(b) Nothing in this section shall be construed to di24 minish or qualify any penalties to which an alien may be

25 subject for activities proscribed by section 242(e) or any

26 other section of this Act.’’.
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1 SEC. 302. JUDICIAL DEPORTATION.

2 (a) Section 242A(d)(1) of the Immigration and Na3 tionality Act (8 U.S.C. 1252a(d)(1)) is amended to read

4 as follows:

5 ‘‘(1) AUTHORITY.—Notwithstanding any other

6 provision of this Act, a United States district court

7 shall have jurisdiction to enter a judicial order of de8 portation at the time of sentencing against an alien:

9 (i) whose criminal conviction for an offense for

10 which the alien is before the court for sentencing

11 causes such alien to be deportable under section

12 241(a)(2)(A), or (ii) who previously has been con13 victed of an aggravated felony at any time, if such

14 an order has been requested by the United States

15 Attorney with the concurrence of the Commissioner

16 and if the court chooses to exercise such jurisdic17 tion.’’.

18 (b) Section 242A(d)(3) of the Immigration and Na19 tionality Act (8 U.S.C. 1252a(d)(3)(A)) is amended by

20 striking clauses (ii) and (iii) and by revising clause (i) to

21 read as follows:

22 ‘‘(i) A judicial order of deportation or

23 denial of such order may be appealed by

24 either party. Appellate review of any judi25 cial order of deportation shall be consid26 ered as part of the underlying criminal
35

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1 case and subject to all the procedures and

2 filing deadlines governing criminal ap3 peals.’’.

4 (c) Section 242A(d)(4) of the Immigration and Na5 tionality Act (8 U.S.C. 1252a(d)(4)) is amended by strik6 ing ‘‘without a decision on the merits’’.

7 (d) The last sentence of section 3583(d)(3) of title

8 18, United States Code is amended to read as follows: ‘‘If

9 an alien defendant is subject to deportation, the court may

10 provide, as a condition of supervised release, that he or

11 she be ordered deported by the Attorney General, pursu12 ant to the procedures in the Immigration and Nationality

13 Act, and remain outside the United States, and the court

14 may order that he or she be delivered to a duly authorized

15 immigration official for such deportation.’’.

16 SEC. 303. CONDUCT OF PROCEEDINGS BY ELECTRONIC

17 MEANS.

18 Section 242(b) of the Immigration and Nationality

19 Act (8 U.S.C. 1252(b)) is amended by inserting at the

20 end the following: ‘‘Nothing in this subsection shall pre21 clude the Attorney General from authorizing proceedings

22 by video electronic media, by telephone, or, where waived

23 or agreed to by the parties, in the absence of the alien.

24 Contested full evidentiary hearings on the merits may be
36

•HR 1929 IH

1 conducted by telephone only with the consent of the

2 alien.’’.

3 SEC. 304. SUBPOENA AUTHORITY.

4 (a) Section 236(a) of the Immigration and National5 ity Act (8 U.S.C. 1226(a)) is amended by inserting ‘‘issue

6 subpoenas,’’ in the first sentence after ‘‘evidence,’’.

7 (b) Section 242(b) of the Immigration and National8 ity Act (8 U.S.C. 1252(b)) is amended by inserting ‘‘issue

9 subpoenas,’’ in the first sentence after ‘‘evidence,’’.

10 SEC. 305. STIPULATED EXCLUSION AND DEPORTATION.

11 (a) Section 236 of the Immigration and Nationality

12 Act (8 U.S.C. 1226) is amended by adding at the end of

13 subsection (a) the following new paragraph:

14 ‘‘(4) STIPULATED EXCLUSION AND DEPORTA15 TION.—The Attorney General shall provide by regu16 lation for the entry by an immigration judge of an

17 order of exclusion and deportation stipulated to by

18 the alien and the Service. Such an order may be en19 tered without a personal appearance by the alien be20 fore the immigration judge. A stipulated order shall

21 constitute a conclusive determination of the alien’s

22 excludability and deportability from the United

23 States.’’.

24 (b) Section 242 of the Immigration and Nationality

25 Act (8 U.S.C. 1252) is amended in subsection (b) by strik-
37

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1 ing the sentence immediately following paragraph (4) and

2 inserting the following: ‘‘The Attorney General shall fur3 ther provide by regulation for the entry by an immigration

4 judge of an order of deportation stipulated to by the alien

5 and the Service. Such an order may be entered without

6 a personal appearance by the alien before the immigration

7 judge. A stipulated order shall constitute a conclusive de8 termination of the alien’s deportability from the United

9 States. The procedures so prescribed shall be the sole and

10 exclusive procedures for determining the deportability of

11 an alien under this section.’’.

12 SEC. 306. STREAMLINING APPEALS FROM ORDERS OF EX13 CLUSION AND DEPORTATION.

14 (a) Section 106 of the Immigration and Nationality

15 Act (8 U.S.C. 1105a) is amended to read as follows:

16 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION,

17 EXCLUSION, AND SPECIAL EXCLUSION

18 ‘‘SEC. 106 (a) APPLICABLE PROVISIONS.—Judicial

19 review of a final order of exclusion or deportation is gov20 erned only by chapter 158 of title 28 of the United States

21 Code, except as provided in subsection (b): Provided, how22 ever, That no court may order the taking of additional evi23 dence pursuant to section 2347(c) of title 28, United

24 States Code.

25 ‘‘(b) REQUIREMENTS.—
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1 ‘‘(1) A petition for review must be filed not

2 later than 30 days after the date of the final order

3 of exclusion or deportation.

4 ‘‘(2) A petition for review shall be filed with the

5 court of appeals for the judicial circuit in which the

6 immigration judge completed the proceedings.

7 ‘‘(3) THE RESPONDENT IS THE ATTORNEY

8 GENERAL.—The petition shall be served on the At9 torney General and on the officer or employee of the

10 Immigration and Naturalization Service in charge of

11 the Service district in which the final order of exclu12 sion or deportation was entered. Service of the peti13 tion on the officer or employee stays the deportation

14 of an alien pending the court’s decision on the peti15 tion, unless the court orders otherwise. However, if

16 the alien has been convicted of an aggravated felony,

17 or the alien is under an order of exclusion, service

18 of the petition does not stay the deportation unless

19 the court orders otherwise.

20 ‘‘(4) Except as provided in paragraph (5)(B) of

21 this subsection, the court of appeals shall decide the

22 petition only on the administrative record on which

23 the order of exclusion or deportation is based and

24 the Attorney General’s findings of fact shall be con-
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1 clusive unless a reasonable adjudicator would be

2 compelled to conclude to the contrary.

3 ‘‘(5)(A) If the petitioner claims to be a national

4 of the United States and the court of appeals finds

5 from the pleadings and affidavits that no genuine

6 issue of material fact about the petitioner’s national7 ity is presented, the court shall decide the national8 ity claim.

9 ‘‘(B) If the petitioner claims to be a national of

10 the United States and the court of appeals finds

11 that a genuine issue of material fact about the peti12 tioner’s nationality is presented, the court shall

13 transfer the proceeding to the district court of the

14 United States for the judicial district in which the

15 petitioner resides for a new hearing on the national16 ity claim and a decision on that claim as if an action

17 had been brought in the district court under section

18 2201 of title 28, United States Code.

19 ‘‘(C) The petitioner may have the nationality

20 claim decided only as provided in this section.

21 ‘‘(6)(A) If the validity of an order of deporta22 tion has not been judicially decided, a defendant in

23 a criminal proceeding charged with violating sub24 section (d) or (e) of section 242 may challenge the

25 validity of the order in the criminal proceeding only
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1 by filing a separate motion before trial. The district

2 court, without a jury, shall decide the motion before

3 trial.

4 ‘‘(B) If the defendant claims in the motion to

5 be a national of the United States and the district

6 court finds that no genuine issue of material fact

7 about the defendant’s nationality is presented, the

8 court shall decide the motion only on the administra9 tive record on which the deportation order is based.

10 The administrative findings of fact are conclusive if

11 supported by reasonable, substantial, and probative

12 evidence on the record considered as a whole.

13 ‘‘(C) If the defendant claims in the motion to

14 be a national of the United States and the district

15 court finds that a genuine issue of material fact

16 about the defendant’s nationality is presented, the

17 court shall hold a new hearing on the nationality

18 claim and decide that claim as if an action had been

19 brought under section 2201 of title 28, United

20 States Code.

21 ‘‘(D) If the district court rules that the depor22 tation order is invalid, the court shall dismiss the in23 dictment. The United States Government may ap24 peal the dismissal to the court of appeals for the ap25 propriate circuit within 30 days. The defendant may
41

•HR 1929 IH

1 not file a petition for review under this section dur2 ing the criminal proceeding. The defendant may

3 have the nationality claim decided only as provided

4 in this section.

5 ‘‘(7) This subsection—

6 ‘‘(A) does not prevent the Attorney Gen7 eral, after a final order of deportation has been

8 issued, from detaining the alien under section

9 242(c);

10 ‘‘(B) does not relieve the alien from com11 plying with subsection (d) or (e) of section 242;

12 and

13 ‘‘(C) except as provided in paragraph (3)

14 of this subsection, does not require the Attorney

15 General to defer deportation of the alien.

16 ‘‘(8) The record and briefs do not have to be

17 printed. The court of appeals shall review the pro18 ceeding on a typewritten record and on typewritten

19 briefs.’’

20 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

21 review of an order of deportation shall state whether a

22 court has upheld the validity of the order, and, if so, shall

23 state the name of the court, the date of the court’s ruling,

24 and the kind of proceeding.
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1 ‘‘(d) REVIEW OF FINAL ORDERS.—A court may re2 view a final order of deportation only if—

3 ‘‘(1) the alien has exhausted all administrative

4 remedies available to the alien as of right; or

5 ‘‘(2) another court has not decided the validity

6 of the order, unless the reviewing court finds that

7 the petition presents grounds that could not have

8 been presented in the prior judicial proceeding or

9 that the remedy provided by the prior proceeding

10 was inadequate or ineffective to test the validity of

11 the order.

12 ‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI13 DENTS CONVICTED OF AGGRAVATED FELONIES.—

14 ‘‘(1) A petition for review filed by an alien

15 against whom a final order of deportation has been

16 issued under section 242A may challenge only

17 whether—

18 ‘‘(A) the alien is the alien described in the

19 order;

20 ‘‘(B) the alien is an alien described in sec21 tion 242A(b)(2) and has been convicted after

22 entry into the United States of an aggravated

23 felony; and

24 ‘‘(C) the alien was afforded the procedures

25 described in section 242A(b)(4).
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1 ‘‘(2) A court reviewing the petition has jurisdic2 tion only to review the issues described in paragraph

3 (1).

4 ‘‘(f) SPECIAL EXCLUSION.—Notwithstanding any

5 other provision of law, except as provided in this sub6 section, no court shall have jurisdiction to review any indi7 vidual determination or to entertain any other cause or

8 claim arising from or relating to the implementation or

9 operation of the special exclusion provisions contained in

10 section 235(d); except as provided herein, there shall be

11 no judicial review of: (i) a decision by the Attorney Gen12 eral to invoke the provisions of section 235(d), (ii) the ap13 plication of section 235(d) to individual aliens, including

14 the determination made under paragraphs 5 and 6, or (iii)

15 procedures and policies adopted by the Attorney General

16 to implement the provisions of section 235(d). Regardless

17 of the nature of the action or claim or of the identity of

18 the party or parties bringing the action, no court shall

19 have jurisdiction or authority to enter declaratory, injunc20 tive, or other equitable relief not specifically authorized in

21 this subsection, or to certify a class under rule 23 of the

22 Federal Rules of Civil Procedure.

23 ‘‘(1) Judicial review of any cause, claim, or in24 dividual determination made or arising under or per25 taining to special exclusion under section 235(d)
44

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1 shall only be available in habeas corpus proceedings,

2 and shall be limited to determinations of: (i) whether

3 the petitioner is an alien, (ii) whether the petitioner

4 was ordered specially excluded, and (iii) whether the

5 petitioner can prove by a preponderance of the evi6 dence that he or she is an alien lawfully admitted for

7 permanent residence and is entitled to such further

8 inquiry as prescribed by the Attorney General pursu9 ant to section 235(d)(3).

10 ‘‘(2) In any case where the court determines

11 that the petitioner: (i) is an alien who was not or12 dered specially excluded, or (ii) has demonstrated by

13 a preponderance of the evidence that he or she is a

14 lawful permanent resident, the court may order no

15 remedy or relief other than to require that the peti16 tioner be provided a hearing in accordance with sec17 tion 236 or a determination in accordance with sec18 tions 235(a) or 273(d). Any alien who is provided a

19 hearing under section 236 pursuant to these provi20 sions may thereafter obtain judicial review of any re21 sulting final order of exclusion pursuant to this sec22 tion.

23 ‘‘(3) In determining whether an alien has been

24 ordered specially excluded, the court’s inquiry shall

25 be limited to whether such an order in fact was is-
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1 sued and whether it relates to the petitioner. There

2 shall be no review of whether the alien is actually ex3 cludable or entitled to any relief from exclusion.’’.

4 SEC. 307. SANCTIONS AGAINST COUNTRIES REFUSING TO

5 ACCEPT DEPORTATION OF THEIR NATION6 ALS.

7 Section 243(g) of the Immigration and Nationality

8 Act (8 U.S.C. 1253(g)) is amended to read as follows:

9 ‘‘(g) DISCONTINUING GRANTING VISAS WHEN COUN10 TRY DENIES OR DELAYS ACCEPTING ALIEN.—On being

11 notified by the Attorney General that the government of

12 a foreign country denies or unreasonably delays accepting

13 an alien who is a citizen, subject, national, or resident of

14 that country after the Attorney General asks whether the

15 government will accept the alien under this section, the

16 Secretary of State may order consular officers in that for17 eign country to discontinue granting such classes of visas

18 as the Secretary shall deem appropriate to citizens, sub19 jects, nationals, and residents of that country until the At20 torney General notifies the Secretary that the country has

21 accepted the alien.’’.
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1 SEC. 308. CUSTODY OF ALIENS CONVICTED OF AGGRA2 VATED FELONIES.

3 (a) Section 236 of the Immigration and Nationality

4 Act (8 U.S.C. 1226) is amended in paragraph (e)(2) by

5 inserting after ‘‘unless’’ the following subparagraph:

6 ‘‘(A) the Attorney General determines,

7 pursuant to section 3521 of title 18, United

8 States Code, that release from custody is nec9 essary to provide protection to a witness, a po10 tential witness, a person cooperating with an in11 vestigation into major criminal activity, or an

12 immediate family member or close associate of

13 a witness, potential witness, or person cooperat14 ing with such an investigation or (B).’’.

15 (b) Section 242 of the Immigration and Nationality

16 Act (8 U.S.C. 1252) is amended by revising paragraph

17 (a)(2) to read as follows:

18 ‘‘(2)(A) The Attorney General shall take into

19 custody any alien convicted of an aggravated felony

20 when the alien is released. This requirement shall

21 apply whether the alien is released on parole, super22 vised release, or probation, or may be arrested or

23 imprisoned again for the same offense.

24 ‘‘(B) The Attorney General may release the

25 alien only if the alien—
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1 ‘‘(i) was lawfully admitted to the United

2 States and satisfies the Attorney General that

3 the alien is not a threat to the community and

4 is likely to appear for any scheduled proceeding;

5 or

6 ‘‘(ii) the Attorney General decides pursu7 ant to section 3521 of title 18, United States

8 Code, that release from custody is necessary to

9 provide protection to a witness, a potential wit10 ness, a person cooperating with an investigation

11 into major criminal activity, or an immediate

12 family member or close associate of a witness,

13 potential witness, or person cooperating with

14 such an investigation.’’.

15 SEC. 309. LIMITATIONS ON RELIEF FROM EXCLUSION AND

16 DEPORTATION.

17 (a) Section 212(c) of the Immigration and National18 ity Act (8 U.S.C. 1182(c)) is revised to read as follows:

19 ‘‘(c) An alien who is and has been lawfully admitted

20 for permanent residence for at least 5 years, who has re21 sided in the United States continuously for 7 years after

22 having been lawfully admitted, and who is returning to

23 such residence after having temporarily proceeded abroad

24 voluntarily and not under an order of deportation, may

25 be admitted in the discretion of the Attorney General with-
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1 out regard to the provisions of subsection (a) (other than

2 paragraphs (3) and (9)(C)). For purposes of this sub3 section, any period of continuous residence shall be

4 deemed to end when the alien is placed in proceedings to

5 exclude the alien from the United States. Nothing con6 tained in this subsection shall limit the authority of the

7 Attorney General to exercise the discretion authorized

8 under section 211(b). The first sentence of this subsection

9 shall not apply to an alien who has been convicted of one

10 or more aggravated felonies and has been sentenced for

11 such felony or felonies to a term of imprisonment of at

12 least 5 years. This subsection shall apply only to an alien

13 in proceedings under section 236.’’.

14 (b) Section 244 of the Immigration and Nationality

15 Act (8 U.S.C. 1254) is revised to read as follows:

16 ‘‘SEC. 244(a). CANCELLATION OF DEPORTATION.—

17 The Attorney General may cancel deportation in the case

18 of an alien who is deportable from the United States

19 and—

20 ‘‘(1) is and has been a lawful permanent resi21 dent for at least 5 years who has resided in the

22 United States continuously for 7 years after being

23 lawfully admitted and has not been convicted of an

24 aggravated felony or felonies for which the alien has
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1 been sentenced, in the aggregate, to a term of im2 prisonment of at least 5 years; or

3 ‘‘(2) has been physically present in the United

4 States for a continuous period of not less than 7

5 years since entering the United States; has been a

6 person of good moral character during such period;

7 and establishes that deportation would result in ex8 treme hardship to the alien or the alien’s spouse,

9 parent, or child, who is a citizen of the United

10 States or an alien lawfully admitted for permanent

11 residence.

12 For purposes of this section, any period of continuous resi13 dence or continuous physical presence in the United States

14 shall be deemed to end when the alien is served an order

15 to show cause pursuant to section 242B(a)(1). An alien

16 shall be considered to have failed to maintain continuous

17 physical presence in the United States under paragraph

18 (2) if the alien was absent from the United States for any

19 single period of more than 90 days or an aggregate period

20 of more than 180 days. No person who is deportable under

21 section 241(a)(2)(C) or 241(a)(4) shall be eligible for re22 lief under this section. No person who has been convicted

23 of an aggravated felony shall be eligible for relief under

24 paragraph (2) of this section.
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1 ‘‘(b) CONTINUOUS PHYSICAL PRESENCE NOT RE2 QUIRED BECAUSE OF HONORABLE SERVICE IN ARMED

3 FORCES AND PRESENCE UPON ENTRY INTO SERVICE.—

4 The requirements of continuous residence or continuous

5 physical presence in the United States specified in sub6 sections (a)(1) and (a)(2) of this section shall not be appli7 cable to an alien who—

8 ‘‘(1) has served for a minimum period of twen9 ty-four months in an active-duty status in the

10 Armed Forces of the United States and, if separated

11 from such service, was separated under honorable

12 conditions, and

13 ‘‘(2) at the time of his or her enlistment or in14 duction was in the United States.

15 ‘‘(c) ADJUSTMENT OF STATUS.—The Attorney Gen16 eral may cancel deportation and adjust to the status of

17 an alien lawfully admitted for permanent residence any

18 alien who the Attorney General decides meets the require19 ments of subsection (a)(2). The Attorney General shall

20 record the alien’s lawful admission for permanent resi21 dence as of the date the Attorney General decides to cancel

22 removal.

23 ‘‘(d) VOLUNTARY DEPARTURE.—(1) The Attorney

24 General may in his or her discretion permit an alien volun-
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1 tarily to depart the United States at the alien’s own ex2 pense—

3 ‘‘(A) in lieu of being subject to deportation pro4 ceedings under section 242 or prior to the comple5 tion of such proceedings, if the alien is not a person

6 deportable under section 241(a)(2)(A)(iii) or section

7 241(a)(4). The Attorney General may require the

8 alien to post a voluntary departure bond, to be sur9 rendered upon proof that the alien has departed the

10 United States within the time specified. If any alien

11 who is authorized to depart voluntarily under this

12 paragraph is financially unable to depart at his or

13 her own expense and the Attorney General deems

14 the alien’s removal to be in the best interest of the

15 United States, the expense of such removal may be

16 paid from the appropriation for enforcement of this

17 Act; or

18 ‘‘(B) at the conclusion of a proceeding under

19 section 242, only if the immigration judge deter20 mines that—

21 ‘‘(i) the alien is, and has been, a person of

22 good moral character for at least five years im23 mediately preceding his or her application for

24 voluntary departure;
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1 ‘‘(ii) the alien is not deportable under sec2 tion 241(a)(2)(A)(iii) or section 241(a)(4); and

3 ‘‘(iii) the alien establishes by clear and

4 convincing evidence that he or she has the

5 means to depart the United States and intends

6 to do so. The alien shall be required to post a

7 voluntary departure bond, in an amount nec8 essary to ensure that the alien will depart, to be

9 surrendered upon proof that the alien has de10 parted the United States within the time speci11 fied.

12 ‘‘(2) If the alien fails voluntarily to depart the United

13 States within the time period specified in accordance with

14 subparagraphs (1) or (2), the alien shall be subject to a

15 civil penalty of not more than $500 per day and be ineli16 gible for any further relief under this paragraph or para17 graph (b).

18 ‘‘(3) The Attorney General may by regulation limit

19 eligibility for voluntary departure for any class or classes

20 of aliens. No court may review any regulation issued under

21 this subparagraph.

22 ‘‘(4) An alien may appeal from denial of a request

23 for an order of voluntary departure under subparagraph

24 (2) in accordance with the procedures in section 106, pro25 vided that no court shall have jurisdiction over an appeal
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1 regarding the length of voluntary departure where the

2 alien has been granted voluntary departure of 30 days or

3 more. Notwithstanding the pendency of an appeal by an

4 alien of a denial of voluntary departure or a grant of vol5 untary departure of less than 30 days, the alien shall be

6 removable from the United States 60 days after entry of

7 the order of deportation. No court may order a stay of

8 such removal. The alien’s removal from the United States

9 shall not moot the appeal.

10 ‘‘(e) ALIEN CREWMEN; NONIMMIGRANT EXCHANGE

11 ALIENS ADMITTED TO RECEIVE GRADUATE MEDICAL

12 EDUCATION OR TRAINING; OTHER.—The provisions of

13 subsection (a) of this section shall not apply to an alien

14 who—

15 ‘‘(1) entered the United States as a crewman

16 subsequent to June 30, 1964;

17 ‘‘(2) was admitted to the United States as a

18 nonimmigrant exchange alien as defined in section

19 101(a)(15)(J), or has acquired the status of such a

20 nonimmigrant exchange alien after admission, in

21 order to receive graduate medical education or train22 ing, regardless of whether or not the alien is subject

23 to or has fulfilled the two-year foreign residence re24 quirement of section 212(e); or
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1 ‘‘(3)(A) was admitted to the United States as

2 a nonimmigrant exchange alien as defined in section

3 101(a)(15)(J) or has acquired the status of such a

4 nonimmigrant exchange alien after admission other

5 than to receive graduate medical education or train6 ing, (B) is subject to the two-year foreign residence

7 requirement of section 212(e), and (C) has not ful8 filled that requirement or received a waiver thereof,

9 or in the case of a foreign medical graduate who has

10 received a waiver pursuant to section 220 of the Im11 migration and Nationality Technical Corrections Act

12 of 1994, Public Law 103–416, has not fulfilled the

13 requirements of section 214(k).’’.

14 (c) CONFORMING AMENDMENTS.—

15 (1) Section 242(b) of the Immigration and Na16 tionality Act (8 U.S.C. 1252(b)) is amended by

17 striking the last two sentences.

18 (2) Section 242B of the Immigration and Na19 tionality Act (8 U.S.C. 1252b) is amended—

20 (A) in paragraph (e)(2)—

21 (i) by striking ‘‘section 244(e)(1)’’

22 and inserting ‘‘section 244(d)’’, and

23 (ii) by striking ‘‘section 242(b)(1)’’

24 and inserting ‘‘section 244(d)’’; and

25 (B) in paragraph (e)(5)—
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1 (i) by striking ‘‘section 242(b)(1)’’

2 and inserting ‘‘section 244(d)’’, and

3 (ii) by striking ‘‘suspension of depor4 tation’’ and inserting ‘‘cancellation of de5 portation’’.

6 (d)(1) The amendments made by subsection (a) of

7 this section shall take effect on the date of enactment; ex8 cept that, for purposes of determining the period of contin9 uous residence, the amendments made by subsection (a)

10 shall apply to all aliens against whom proceedings are

11 commenced on or after the date of enactment.

12 (2) The amendments made by subsection (b) of this

13 section shall take effect on the date of enactment; except

14 that, for purposes of determining the periods of continu15 ous residence or continuous physical presence, the amend16 ments made by subsection (b) shall apply to all aliens upon

17 whom an order to show cause is served on or after the

18 date of enactment.

19 (3) The amendments made by subsection (c) of this

20 section shall take effect on the date of enactment.

21 SEC. 310. RESCISSION OF LAWFUL PERMANENT RESIDENT

22 STATUS.

23 Section 246(a) of the Immigration and Nationality

24 Act (8 U.S.C. 1256a)) is amended by adding at the end

25 the following sentence: ‘‘Nothing in this subsection shall
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1 require the Attorney General to rescind the alien’s status

2 prior to commencement of procedures to deport the alien

3 under section 242 and 242A, and an order of deportation

4 issued by an immigration judge shall be sufficient to re5 scind the alien’s status.’’.

6 SEC. 311. INCREASING EFFICIENCY IN REMOVAL OF DE7 TAINED ALIENS.

8 (a) There are authorized to be appropriated such

9 funds as may be necessary for the Attorney General to

10 conduct a pilot program or programs to study methods

11 for increasing the efficiency of deportation and exclusion

12 proceedings against detained aliens by increasing the

13 availability of pro bono counseling and representation for

14 such aliens. Any such pilot program may provide for ad15 ministrative grants to not-for-profit organizations involved

16 in the counseling and representation of aliens in immigra17 tion proceedings. An evaluation component shall be in18 cluded in any such pilot program to test the efficiency and

19 cost effectiveness of the services provided and the

20 replicability of such programs at other locations.

21 (b) Nothing in this section shall be regarded as creat22 ing a right to be represented in exclusion or deportation

23 proceedings at the expense of the Government.
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1 TITLE IV—ALIEN SMUGGLING CONTROL

2 SEC. 401. WIRETAP AUTHORITY FOR INVESTIGATIONS OF

3 ALIEN SMUGGLING AND DOCUMENT FRAUD.

4 Section 2516(l) of title 18, United States Code, is

5 amended—

6 (a) in paragraph (c), by inserting after

7 ‘‘trains)’’ the following: ‘‘or a felony violation of sec8 tion 1028 (relating to production of false identifica9 tion documentation), section 1541 (relating to pass10 port issuance without authority), section 1542 (re11 lating to false statements in passport applications),

12 section 1543 (relating to forgery or false use of

13 passport), section 1544 (relating to misuse of pass14 port), section 1546 (relating to fraud or misuse of

15 visas, permits, or other documents)’’;

16 (b) by striking ‘‘or’’ after paragraph (l);

17 (c) by redesignating paragraphs (m), (n), and

18 (o) as paragraphs (n), (o), and (p), respectively; and

19 (d) by inserting after paragraph (l) the follow20 ing new paragraph:

21 ‘‘(m) a violation of section 274, 277, or 278 of

22 the Immigration and Nationality Act (relating to the

23 smuggling of aliens);’’.
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1 SEC. 402. APPLYING RACKETEERING OFFENSES TO ALIEN

2 SMUGGLING.

3 Section 1961(l) of title 18, United States Code, is

4 amended—

5 (a) by striking ‘‘or’’ after ‘‘law of the United

6 States,’’;

7 (b) by inserting ‘‘or’’ at the end of clause (E);

8 and

9 (c) by adding at the end the following:

10 ‘‘(F) any act, or conspiracy to commit any

11 act, in violation of section 274(a)(1)(A)(v), 277,

12 or 278 of the Immigration and Nationality Act

13 (8 U.S.C. 1324(a)(1)(A)(v), 1327, or 1328).’’.

14 SEC. 403. EXPANDED ASSET FORFEITURE FOR SMUGGLING

15 OR HARBORING ALIENS.

16 Section 274 of the Immigration and Nationality Act

17 of 1952, as amended (8 U.S.C. 1324) is amended—

18 (a) by amending paragraph (b)(1) to read as

19 follows:

20 ‘‘(b) SEIZURE AND FORFEITURE.—(1) The following

21 property shall be subject to seizure and forfeiture:

22 ‘‘(A) Any conveyance, including any vessel, ve23 hicle, or aircraft, which has been or is being used in

24 the commission of a violation of subsection (a); ex25 cept that—
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1 ‘‘(i) no conveyance used by any person as

2 a common carrier in the transaction of business

3 as a common carrier shall be forfeited under

4 the provisions of this section unless it shall ap5 pear that the owner or other person in charge

6 of such conveyance was a consenting party or

7 privy to the illegal act; and

8 ‘‘(ii) no conveyance shall be forfeited under

9 the provisions of this section by reason of any

10 act or omission established by the owner thereof

11 to have been committed or omitted by any per12 son other than such owner while such convey13 ance was unlawfully in the possession of a per14 son other than such owner in violation of the

15 criminal laws of the United States, or of any

16 State.

17 ‘‘(B) Any property, real or personal, (i) that

18 constitutes, or is derived from or is traceable to the

19 proceeds obtained directly or indirectly from the

20 commission of a violation of subsection (a), or (ii)

21 that is used to facilitate, or is intended to be used

22 to facilitate, the commission of a violation of sub23 paragraph (a)(1)(A), except that no property shall

24 be forfeited under this paragraph, to the extent of

25 an interest of an owner, by reason of any act or
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1 omission established by that owner to have been

2 committed or omitted by any other person other

3 than such owner without knowledge or consent of

4 that owner.’’; and

5 (b) in paragraph (b)(2)—

6 (1) by striking ‘‘conveyances’’ both places

7 it appears and inserting ‘‘property’’; and

8 (2) by striking ‘‘is being used in’’ and in9 serting ‘‘is being used in, is facilitating, has fa10 cilitated, is facilitating or was intended to facili11 tate’’;

12 (3) in paragraph (3)—

13 (A) by inserting ‘‘(A)’’ immediately

14 after ‘‘(3)’’, and

15 (B) by adding at the end the follow16 ing:

17 ‘‘(B) Before the seizure of any real property

18 pursuant to this section the Attorney General shall

19 provide notice and opportunity to be heard to the

20 owner of the property. The Attorney General shall

21 prescribe such regulations as may be necessary to

22 carry out this paragraph.’’;

23 (4) in paragraphs (b)(4) and (b)(5) by

24 striking each place they appear the phrase ‘‘a
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1 conveyance’’ and the word ‘‘conveyance’’ and in2 serting ‘‘property’’; and

3 (5) by redesignating subsection (c) to be

4 subsection (d) and inserting the following new

5 subsection (c):

6 ‘‘(c) CRIMINAL FORFEITURE.—

7 ‘‘(1) Any person convicted of a violation of sub8 section (a) shall forfeit to the United States, irre9 spective of any provision of State law—

10 ‘‘(A) any conveyance, including any vessel,

11 vehicle, or aircraft used in the commission of a

12 violation of subsection (a); and

13 ‘‘(B) any property real or personal—

14 ‘‘(i) that constitutes, or is derived

15 from or is traceable to the proceeds ob16 tained directly or indirectly from the com17 mission of a violation of subsection (a), or

18 ‘‘(ii) that is used to facilitate, or is in19 tended to be used to facilitate, the commis20 sion of a violation of subparagraph

21 (a)(1)(A).

22 The court, in imposing sentence on such person,

23 shall order that the person forfeit to the United

24 States all property described in this subsection.
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1 ‘‘(2) The criminal forfeiture of property under

2 this subsection, including any seizure and disposition

3 of the property and any related administrative or ju4 dicial proceeding shall be governed by the provisions

5 of section 413 of the Comprehensive Drug Abuse

6 Prevention and Control Act of 1970 (21 U.S.C.

7 853), except for subsections 413(a) and 413(d)

8 which shall not apply to forfeitures under this sub9 section.’’.

10 SEC. 404. INCREASED CRIMINAL PENALTIES FOR ALIEN

11 SMUGGLING.

12 Section 274(a) of the Immigration and Nationality

13 Act (8 U.S.C. 1324(a)) is amended—

14 (a) in subsection (a)(1)(A)—

15 (A) by striking ‘‘or’’ at the end of clause

16 (iii);

17 (B) by striking the comma at the end of

18 clause (iv) and inserting ‘‘; or’’; and

19 (C) by adding at the end the following new

20 clause:

21 ‘‘(v)(I) engages in any conspiracy to

22 commit any of of the preceding acts, or

23 (II) aids or abets the commission of any of

24 the preceding acts.’’;

25 (b) in subsection (a)(1)(B)—
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1 (A) in clause (i), by inserting ‘‘or (v)(I)’’

2 after ‘‘(A)(i)’’;

3 (B) in clause (ii), by striking ‘‘or (iv)’’ and

4 inserting ‘‘(iv), or (v)(II)’’;

5 (C) in clause (iii), by striking ‘‘or (iv)’’ and

6 inserting ‘‘(iv), or (v)’’;

7 (c) in subsection (a)(1)(B) by adding at the end

8 the following new paragraph:

9 ‘‘(3) Any person who hires for employment an

10 alien—

11 ‘‘(A) knowing that such alien is an unau12 thorized alien (as defined in section 274A(h)(3),

13 and

14 (B) knowing that such alien has been

15 brought into the United States in violation of

16 this subsection,

17 shall be fined under title 18, United States Code,

18 and shall be imprisoned for not more than 5 years.’’;

19 and

20 (d) in subsection (a)(2)(A)—

21 (1) by striking the period after clause (iv)

22 and adding a new clause (v) to read as follows:

23 ‘‘(v) an offense committed with the in24 tent or with reason to believe that the alien

25 unlawfully brought into the United States
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1 will commit an offense against the United

2 States or any State punishable by impris3 onment for more than 1 year.’’; and

4 (2) in subparagraph (B) by adding ‘‘(v)’’

5 after ‘‘(A)(i)’’ in clause (i).

6 SEC. 405. UNDERCOVER INVESTIGATION AUTHORITY.

7 (a) With respect to any undercover investigative oper8 ation of the Immigration and Naturalization Service which

9 is necessary for the detection and prosecution of crimes

10 against the United States—

11 (1) sums authorized to be appropriated for the

12 Immigration and Naturalization Service by this Act

13 may be used for leasing space within the United

14 States, the District of Columbia, and the territories

15 and possessions of the United States without regard

16 to section 3679(a) of the Revised Statutes (31

17 U.S.C. 1341), section 3732(a) of the Revised Stat18 utes (41 U.S.C. 11(a)), section 305 of the Act of

19 June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the

20 third undesignated paragraph under the heading

21 ‘‘Miscellaneous’’ of the Act of March 3, 1877 (19

22 Stat. 370; 40 U.S.C. 34), section 3648 of the Re23 vised Statutes (31 U.S.C. 3324), section 3741 of the

24 Revised Statutes (41 U.S.C. 22), and subsections (a)

25 and (c) of section 304 of the Federal Property and
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1 Administrative Services Act of 1949 (63 Stat. 395;

2 41 U.S.C. 254 (a) and (c));

3 (2) sums authorized to be appropriated for the

4 Immigration and Naturalization Service by this Act

5 may be used to establish or to acquire proprietary

6 corporations or business entities as part of an un7 dercover operation, and to operate such corporations

8 or business entities on a commercial basis, without

9 regard to the provisions of section 304 of the Gov10 ernment Corporation Control Act (31 U.S.C. 9102);

11 (3) sums authorized to be appropriated for the

12 Immigration and Naturalization Service by this Act,

13 and the proceeds from such undercover operation,

14 may be deposited in banks or other financial institu15 tions without regard to the provisions of section 648

16 of Title 18 of the United States Code, and section

17 3639 of the Revised Statutes (31 U.S.C. 3302); and

18 (4) the proceeds from such undercover oper19 ation may be used to offset necessary and reasonable

20 expenses incurred in such operation without regard

21 to the provisions of section 3617 of Revised Statutes

22 (31 U.S.C. 3302).

23 The authorization set forth in this section may be exer24 cised only upon written certification of the Commissioner

25 of the Immigration and Naturalization Service, in con-
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1 sultation with the Deputy Attorney General, that any ac2 tion authorized by paragraph (1), (2), (3), or (4) is nec3 essary for the conduct of such undercover operation.

4 (b) As soon as practicable after the proceeds from

5 an undercover investigative operation, carried out under

6 paragraphs (3) and (4) of subsection (a), are no longer

7 necessary for the conduct of such operation, such proceeds

8 or the balance of such proceeds remaining at the time shall

9 be deposited into the Treasury of the United States as

10 miscellaneous receipts.

11 (c) If a corporation or business entity established or

12 acquired as part of an undercover operation under para13 graph (2) of subsection (a) with a net value of over

14 $50,000 is to be liquidated, sold, or otherwise disposed

15 of, the Immigration and Naturalization Service, as much

16 in advance as the Commissioner or his or her designee

17 determines practicable, shall report the circumstances to

18 the Attorney General, the Director of the Office of Man19 agement and Budget, and the Comptroller General. The

20 proceeds of the liquidation, sale, or other disposition, after

21 obligations are met, shall be deposited in the Treasury of

22 the United States as miscellaneous receipts.

23 (d) The Immigration and Naturalization Service shall

24 conduct detailed financial audits of closed undercover op-
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1 erations on a quarterly basis and shall report the results

2 of the audits in writing to the Deputy Attorney General.

3 SEC. 406. AMENDED DEFINITION OF AGGRAVATED FELONY.

4 (a) IN GENERAL.—Section 101(a)(43) of the Immi5 gration and Nationality Act (8 U.S.C. 1101(a)(43)), as

6 amended by section 222 of the Immigration and National7 ity Technical Corrections Act of 1994 (Public Law 103–

8 416), is amended—

9 (1) in subparagraph (N), by striking ‘‘of title

10 18, United States Code’’; and

11 (2) in subparagraph (O), by striking ‘‘which

12 constitutes’’ and all that follows up to the semicolon

13 at the end and inserting ‘‘, for the purpose of com14 mercial advantage’’.

15 (b) EFFECTIVE DATE OF CONVICTION.—Section

16 101(a)(43) of the Immigration and Nationality Act (8

17 U.S.C. 1101(a)(43)), as amended by section 222(b) of the

18 Immigration and Nationality Technical Corrections Act of

19 1994 (Public Law 103–416) is amended by adding at the

20 end the following sentence: ‘‘Notwithstanding any other

21 provision of law, the term applies for all purposes to con22 victions entered before, on, or after the date of enactment

23 of this Act.’’.

24 (c) APPLICATION TO WITHHOLDING OF DEPORTA25 TION.—Section 243(h) of the Immigration and National-
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1 ity Act (8 U.S.C. 1253(h)) is amended in paragraph (2)

2 by inserting ‘‘for which the sentence imposed is 5 years

3 or more’’ after ‘‘aggravated felony’’.

4 TITLE V—INSPECTIONS AND ADMISSIONS

5 SEC. 501. CIVIL PENALTIES FOR BRINGING INADMISSIBLE

6 ALIENS FROM CONTIGUOUS TERRITORIES.

7 Section 273 of the Immigration and Nationality Act

8 (8 U.S.C. 1323) is amended by—

9 (a) striking ‘‘(other than from foreign contig10 uous territory)’’ from subsection (a), and

11 (b) striking ‘‘$3,000’’ and inserting ‘‘$5,000’’

12 in subsection (b).

13 SEC. 502. DEFINITION OF STOWAWAY; EXCLUDABILITY OF

14 STOWAWAY; CARRIER LIABILITY FOR COSTS

15 OF DETENTION.

16 (a) Section 101(a) of the Immigration and National17 ity Act (8 U.S.C. 1101) is amended by adding the follow18 ing new subsection:

19 ‘‘(47) The term ‘stowaway’ means any alien who ob20 tains transportation without the consent of the owner,

21 charterer, master or person in command of any vessel or

22 aircraft through either concealment on board such vessel

23 or aircraft or evasion of that carrier’s standard boarding

24 procedures.’’.
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1 (b) Section 237 of the Immigration and Nationality

2 Act (8 U.S.C. 1227) is amended as follows:

3 (1) By inserting in paragraph (a)(1) before the

4 period at the end of the first sentence the following:

5 ‘‘, or unless the alien is an excluded stowaway who

6 has requested asylum or withholding of deportation

7 and whose application has not been adjudicated, or

8 whose application has been denied but who has not

9 exhausted any remaining appeal rights’’.

10 (2) By inserting after the first sentence in

11 paragraph (a)(1) the following sentences: ‘‘Any alien

12 stowaway inspected upon arrival in the United

13 States is an alien who is excluded within the mean14 ing of this section. The term ‘‘alien’’ wherever ap15 pearing in this section shall include an excluded

16 stowaway. The provisions of section 237 concerning

17 the deportation of an excluded alien shall apply to

18 the deportation of a stowaway under section

19 273(d).’’.

20 (c) Section 273(d) of the Immigration and National21 ity Act (8 U.S.C. 1323(d)) is amended to read as follows:

22 ‘‘It shall be the duty of the owner, charterer, agent con23 signee, commanding officer, or master of any vessel or air24 craft arriving at the United States from any place outside

25 the United States to detain on board or at such other
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1 place as may be designated by an immigration officer any

2 alien stowaway until such stowaway has been inspected by

3 an immigration officer. Upon inspection, the Attorney

4 General, pursuant to regulation, may take immediate cus5 tody of any stowaway and shall charge the owner,

6 charterer, agent, consignee, commanding officer, or mas7 ter of the vessel or aircraft on which the stowaway has

8 arrived the costs of detaining the stowaway. It shall be

9 the duty of the owner, charterer, agent, consignee, com10 manding officer, or master of any vessel or aircraft arriv11 ing at the United States from any place outside the United

12 States to deport any alien stowaway on the vessel or air13 craft on which such stowaway arrived or on another vessel

14 or aircraft at the expense of the vessel or aircraft on which

15 such stowaway arrived when required to do so by an immi16 gration officer. Failure to comply with the provisions of

17 this section shall result in the imposition of a $5,000 fine,

18 payable to the Commissioner as offsetting collections for

19 each alien stowaway. Pending final determination of liabil20 ity for such fine, no such vessel or aircraft shall be granted

21 clearance, except that clearance may be granted upon the

22 deposit of a sum sufficient to cover such fine, or of a bond

23 with sufficient surety to secure the payment thereof ap24 proved by the Commissioner. An alien stowaway inspected

25 upon arrival shall be considered an excluded alien under
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1 this Act. The provisions of section 235 for detention of

2 aliens for examination before a special inquiry officer and

3 the right of appeal provided for in section 236 shall not

4 apply to aliens who arrive as stowaways and no such aliens

5 shall be permitted to land in the United States, except

6 temporarily for medical treatment, or pursuant to such

7 regulations as the Attorney General may prescribe for the

8 ultimate departure, removal or deportation of such alien

9 from the United States. A stowaway may apply for asylum

10 or withholding of deportation, as provided in sections 208

11 and 243(h) of this Act, pursuant to such regulations as

12 the Attorney General may establish.’’.

13 SEC. 503. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV14 ING OR DEPARTING.

15 Section 231(a) of the Immigration and Nationality

16 Act (8 U.S.C. 1221(a)) is amended by—

17 (a) striking the first sentence and inserting the

18 following:

19 ‘‘In connection with the arrival of any person by

20 water or by air at any port within the United States from

21 any place outside the United States, it shall be the duty

22 of the master or commanding officer, or authorized agent,

23 owner, or consignee of the vessel or aircraft, having such

24 person on board to deliver to the immigration officers at

25 the port of arrival, or other place designated by the Attor-
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1 ney General, electronic, typewritten or printed lists or

2 manifests of the persons on board such vessel or aircraft.’’;

3 (b) striking in the second sentence ‘‘shall be

4 prepared’’ and inserting ‘‘shall be prepared and sub5 mitted’’; and

6 (c) inserting after the second sentence the fol7 lowing sentence: ‘‘Such lists or manifests shall con8 tain, but not be limited to, for each person trans9 ported, the person’s full name, date of birth, gender,

10 citizenship, travel document number (if applicable),

11 and arriving flight number.’’.

12 SEC. 504. ELIMINATION OF LIMITATIONS ON IMMIGRATION

13 USER FEES FOR CERTAIN CRUISE SHIP PAS14 SENGERS.

15 Section 286(e)(1) of the Immigration and Nationality

16 Act (8 U.S.C. 1356) is amended to read as follows: ‘‘No

17 fee shall be charged under subsection (d) for immigration

18 inspection or preinspection provided in connection with the

19 arrival of any passenger aboard an international ferry.’’.

20 SEC. 505. TRANSPORTATION LINE RESPONSIBILITY FOR

21 TRANSIT WITHOUT VISA ALIENS.

22 Section 238(c) of the Immigration and Nationality

23 Act (8 U.S.C. 1228(c)) is amended by inserting after the

24 first sentence the following: ‘‘Notwithstanding any other

25 provision of this Act and in consideration for bringing
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1 aliens transiting through the United States without a visa,

2 transportation lines shall agree, as part of any contract

3 entered into under this section, to indemnify the United

4 States against any costs for the detention and removal

5 from the United States of any such alien who for any rea6 son—

7 ‘‘(1) is refused admission to the United States;

8 ‘‘(2) fails to continue his or her journey to a

9 foreign country within the time prescribed by regula10 tion; or

11 ‘‘(3) is refused admission by the foreign country

12 to which the alien is travelling while transiting

13 through the United States.’’.

14 SEC. 506. AUTHORITY TO DETERMINE VISA PROCESSING

15 PROCEDURES.

16 Section 202(a)(1) of the Immigration and Nationality

17 Act (8 U.S.C. 1152(a)(1)) is amended by inserting before

18 the period at the end the following: ‘‘: Provided, however,

19 That nothing in this subsection shall be construed to limit

20 the authority of the Secretary of State to determine the

21 procedures for the processing of immigrant visa applica22 tions or the locations where such applications will be proc23 essed.’’.
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1 SEC. 507. BORDER SERVICES USER FEE.

2 Section 286 of the Immigration and Nationality Act

3 (8 U.S.C. 1356) is amended by inserting the following new

4 subsection:

5 ‘‘(s)(1) In addition to any other fee authorized by

6 law, the Attorney General shall charge and collect a fee,

7 in United States currency, for border-related services and

8 enforcement, at ports selected by the States in which they

9 are located to participate in the border services user fee

10 program. The fee shall be $1.50 for each non-commercial

11 conveyance and $.75 for each pedestrian, for every land

12 border entry, including persons arriving via ferries on any

13 body of water which forms a part of the borders and

14 boundaries contiguous to the United States. Commercial

15 conveyances transporting passengers through passenger

16 processing facilities shall be charged the pedestrian fee for

17 the operator and each passenger, except that crewmen on

18 ferries shall not be charged and conveyances on ferries will

19 be charged the conveyance fee. These funds shall be avail20 able to the Attorney General in accordance with this sec21 tion.

22 ‘‘(2) To the greatest extent practicable, fee revenues

23 will be reinvested in participating ports in amounts that

24 are approximately proportionate to the amounts collected

25 at those ports and will not be used to substitute for the

26 resources that would be allocated to the ports if they were
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1 not in the program, but will be added to the funds that

2 would otherwise be dedicated to port spending.

3 ‘‘(3)(A) Each State that selects one or more ports

4 to participate in the border services user fee program may

5 establish a Border Services Council for each participating

6 port.

7 ‘‘(B) The Councils shall develop spending priorities

8 for the ports and submit those priorities to the Attorney

9 General or his or her designated representative.

10 ‘‘(i) PORT SERVICES.—The Attorney General or

11 his or her designee shall account for these priorities

12 in reinvesting fee revenues to fund additional perma13 nent and temporary immigration inspectors and re14 lated support; the addition, improvement, and modi15 fication of facilities at ports of entry and border

16 areas contiguous to those ports; the expansion, oper17 ation, and maintenance of information systems and

18 advanced technologies related to port-related services

19 and enforcement; and the enhancement of facilita20 tion of legal traffic and the reduction of border vio21 lence and smuggling.

22 ‘‘(ii) PORT-RELATED ENHANCEMENTS.—The

23 Attorney General shall grant all revenues available

24 for expenses above and beyond the costs set forth in

25 subparagraph (1) to the Councils. These grant funds
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1 shall be spent on enhancements outside the port that

2 facilitate operation of the port or otherwise enhance

3 the flow of people or goods across the border.

4 ‘‘(iii) For ports without Border Councils, the

5 Attorney General or his or her designee shall make

6 grants of all funds beyond those used for the pur7 poses of subparagraph (1) to other ports.

8 ‘‘(C) The membership of the Councils shall include—

9 ‘‘(i) three State representatives appointed by

10 the Governor, at least one of which shall represent

11 business interests;

12 ‘‘(ii) three local representatives appointed by

13 the Mayor, the County Board of Supervisors, the

14 Town Council, or other local governing body, as de15 termined by the state; and

16 ‘‘(iii) three Federal representatives, including a

17 Service representative appointed by the Commis18 sioner; a Customs representative appointed by the

19 Commissioner of the Customs Service; and a GSA

20 representative appointed by the Administrator of

21 General Services.

22 ‘‘(D) The Councils shall be exempt from the require23 ments of the Federal Advisory Committees Act (5 U.S.C.

24 App.). All Council meetings shall be open to the public.
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1 ‘‘(E) States that select ports for participation in the

2 border services user fee program may withdraw those

3 ports from the program—

4 ‘‘(i) after amortizing any improvements that

5 have been made with revenues from the program,

6 and

7 ‘‘(ii) after providing one year’s notice, to allow

8 the Federal agencies to comply with the proper pro9 cedures for relocating or terminating inspectors and

10 other personnel.

11 ‘‘(4) The Attorney General may—

12 ‘‘(A) develop and implement special discounted

13 fee programs for frequent border crossers;

14 ‘‘(B) adjust the border crossing user fee peri15 odically to compensate for inflation, based on a na16 tional average of the consumer price index, and

17 other escalation in the cost of carrying out the pur18 poses of this Act; and

19 ‘‘(C) contract with private and public sector en20 tities to collect the fee and require the collection of

21 the fee to be performed by local bridge, tunnel and

22 other transportation authorities operating in the

23 United States, including ferry operators, adjacent to

24 ports of entry, where such authorities exist. Such
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1 authorities shall be reimbursed for administrative

2 costs related to collection of the fee.

3 ‘‘(5) Nothing in this section shall be construed to

4 limit the methods used for fee collection, including out5 bound collection of the fee.

6 ‘‘(6) All of the fees collected under this subsection

7 shall be deposited as offsetting governmental receipts in

8 a separate account within the Treasury of the United

9 States, to be expended in accordance with subsection (2)

10 of this section. Such account shall be known as the border

11 services user fee account.

12 ‘‘(7) START-UP COSTS.—The Attorney General is au13 thorized to advance from the working capital fund of the

14 Department of Justice to the border services user fee ac15 count the funds required to implement the border services

16 user fee. Receipts from this fee shall be transferred from

17 the border services user fee account and deposited as off18 setting receipts to the working capital fund of the Depart19 ment of Justice, up to the amount advanced by the fund

20 to liquidate the advance provided by the Department of

21 Justice working capital fund.

22 ‘‘(8) EFFECTIVE DATE.—The Attorney General shall

23 begin collection of the fee in a participating State not later

24 than twelve months from the date the State notifies the
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1 Attorney General that it has selected ports to participate

2 in the border services user fee program.

3 ‘‘(9) PENALTIES FOR NONPAYMENT.—The Attorney

4 General may establish penalties for nonpayment of fees

5 as determined to be necessary to ensure compliance with

6 the provisions of this section.

7 ‘‘(10) REGULATIONS.—The Attorney General may

8 prescribe such rules and regulations as may be necessary

9 to carry out the provisions of this section.’’.

10 TITLE VI—MISCELLANEOUS AND

11 TECHNICAL AMENDMENTS

12 SEC. 601. ALIEN PROSTITUTION.

13 Section 2424 of title 18 of the United States Code

14 is amended by—

15 (a) in the first paragraph of subsection (a)—

16 (1) striking ‘‘alien’’;

17 (2) inserting after ‘‘individual’’ the first

18 time it appears ‘‘, knowing or in reckless dis19 regard of the fact that said individual is an

20 alien,’’; and

21 (3) striking ‘‘within three years after that

22 individual has entered the United States from

23 any country, party to the arrangement adopted

24 July 25, 1902, for the suppression of the white25 slave traffic’’.
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1 (b) in the second paragraph of subsection (a)—

2 (1) striking ‘‘thirty’’ and inserting ‘‘five

3 business’’; and

4 (2) striking ‘‘within three years after that

5 individual has entered the United States from

6 any country, party to the said arrangement for

7 the suppression of the white slave traffic’’.

8 (c) in the third paragraph of subsection (a),

9 striking ‘‘two’’ and inserting ‘‘ten’’.

10 (d) in subsection (b), striking ‘‘.’’ after ‘‘failing

11 to comply with this section’’ and inserting ‘‘, or for

12 enforcement of the provisions of section 274A of the

13 Immigration and Nationality Act, as amended.’’.

14 SEC. 602. GRANTS TO STATES FOR MEDICAL ASSISTANCE

15 TO UNDOCUMENTED IMMIGRANTS.

16 (a) IN GENERAL.—In order to assist States to meet

17 the costs of providing treatment to certain aliens for emer18 gency medical conditions, there are authorized to be ap19 propriated $150,000,000 for each of fiscal years 1996

20 through 2000.

21 (b) ALLOTMENTS.—

22 (1) From the sums appropriated pursuant to

23 subsection (a) for a fiscal year, the Secretary of

24 Health and Human Services shall determine, with

25 respect to each State with a plan approved under
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1 title XIX of the Social Security Act, an allotment for

2 each such State which shall be the amount which

3 bears the same ratio to the amount appropriated for

4 such fiscal year as the sum of such State’s allot5 ments for fiscal years 1988 through 1994 under sec6 tion 204 of the Immigration Reform and Control

7 Act of 1986 bears to the total of such allotments for

8 all the States for such fiscal years.

9 (2) In the case of any State for which the allot10 ment determined under paragraph (1) for a fiscal

11 year is less than 1 percent of the amount appro12 priated pursuant to subsection (a) for such year, no

13 allotment shall be made, and in the case of any

14 other State which notifies the Secretary that all or

15 part of its allotment will not be needed for the pur16 pose for which it is available, the State’s allotment

17 shall be made as determined under paragraph (1),

18 and then reduced by the unneeded portion. There

19 shall be allotted to each of the remaining States the

20 amount determined with respect to each such State

21 under paragraph (1), together with the additional al22 lotments provided below in this paragraph. The total

23 of (A) the amount of allotments determined under

24 paragraph (1) but not made, and (B) the amount of

25 the reductions under the preceding sentence, shall
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1 also be allotted among each of the remaining States

2 as follows: the allotment of each such remaining

3 State shall be increased by an amount which bears

4 the same ratio to such total as the allotment amount

5 determined with respect to such State for the fiscal

6 year involved under paragraph (1) bears to the sum

7 of such allotment amounts for all such remaining

8 States for such fiscal year.

9 (c) USE OF FUNDS.—Payments under this section

10 may only be used to provide the non-Federal share of ex11 penditures under the State plan approved under title XIX

12 of the Social Security Act (as required by the last sentence

13 of section 1902(a) of such Act) for care and services nec14 essary for the treatment of an emergency condition that

15 are furnished to an alien who is not a qualified alien under

16 section 250A(c) of the Immigration and Nationality Act.

17 (d) PAYMENT OF FUNDS.—In order to receive funds

18 under this section, the State shall certify to the Secretary

19 that funds will only be used for the purpose described in

20 subsection (c). Thereafter, the Secretary shall from time

21 to time make payments to each State from this allotment

22 under subsection (b)(2). Payments under this section shall

23 be made to the agency responsible for administering or

24 supervising the administration of the State’s plan ap25 proved under title XIX of the Social Security Act, and
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1 such payments shall be available to the State for expendi2 ture in accordance with this section in the year allotted

3 or in any subsequent fiscal year.

4 (e) DEFINITION.—As used in this section, the term

5 ‘‘State’’ has the meaning given such term, for purposes

6 of title XIX of the Social Security Act, under section

7 1101(a)(1) of such Act.

8 SEC. 603. TECHNICAL CORRECTIONS TO VIOLENT CRIME

9 CONTROL ACT AND TECHNICAL CORREC10 TIONS ACT.

11 (a)(1) Section 130003(c)(1) of the Violent Crime

12 Control Act of 1994, Public Law 103–322, is amended

13 by striking ‘‘a new subsection (i)’’ and inserting ‘‘a new

14 subsection (j)’’.

15 (2) The amendment made by this subsection shall be

16 effective as if originally included in section 130003(c)(1)

17 of the Violent Crime Control Act of 1994.

18 (b)(1) Section 106(d)(1)(D) of the Immigration and

19 Nationality Act (8 U.S.C. 1105a), as amended by section

20 130004(b) of the Violent Crime Control Act of 1994, Pub21 lic Law 103–322, is amended by striking ‘‘242A(b)(5)’’

22 and inserting ‘‘242A(b)(4)’’.

23 (2) The amendment made by this subsection shall be

24 effective as if originally included in section 130004(b) of

25 the Violent Crime Control Act of 1994.
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1 (c)(1) Section ‘‘242A(d)(4) of the Immigration and

2 Nationality Act (8 U.S.C. 1252a(d)(4)), as added by sec3 tion 223 of the Immigration and Nationality Technical

4 Corrections Act of 1994, Public Law 103–416, is amended

5 by striking ‘‘without a decision on the merits’’.

6 (2) The amendment made by this subsection shall be

7 effective as if originally included in section 223 of Public

8 Law 103–416.

9 SEC. 604. EXPEDITIOUS DEPORTATION.

10 Section 225 of the Immigration and Nationality

11 Technical Corrections Act of 1994, Public Law 103–416,

12 is amended by striking the words ‘‘section 242(i) of the

13 Immigration and Nationality Act (8 U.S.C. 1252(i))’’ and

14 substituting in lieu thereof, ‘‘sections 242(i) or 242A of

15 the Immigration and Nationality Act (8 U.S.C. 1252(i)

16 or 1252a)’’.

17 SEC. 605. AUTHORIZATION FOR USE OF VOLUNTEERS.

18 Notwithstanding any other provision of law, the At19 torney General may accept, administer, and utilize gifts

20 of services from any person for the purpose of providing

21 administrative assistance to the Immigration and Natu22 ralization Service in administering programs relating to

23 naturalization, adjudications at ports of entry, and re24 moval of criminal aliens. Nothing in this Section shall re-
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1 quire the Attorney General to accept the services of any

2 person.

3 SEC. 606. WAIVER OF EXCLUSION AND DEPORTATION

4 GROUND FOR CERTAIN SECTION 274C VIOLA5 TORS.

6 (a) Section 212(a)(6)(F) of the Immigration and Na7 tionality Act (8 U.S.C. 1182(a)(6)(F)) is revised to read

8 as follows:

9 ‘‘(F) SUBJECT OF CIVIL PENALTY.—

10 ‘‘(i) IN GENERAL.—An alien who is the

11 subject of a final order for violation of section

12 274C is excludable.

13 ‘‘(ii) WAIVER AUTHORIZED.—For provision

14 authorizing waiver of clause (i), see subsection

15 (d)(12).’’

16 (b) Section 212(d) of the Immigration and National17 ity Act (8 U.S.C. 1182(d)) is amended by adding a new

18 paragraph (12), to read as follows:

19 ‘‘(12) The Attorney General may, in his or her

20 discretion for humanitarian purposes, to assure fam21 ily unity, or when it is otherwise in the public inter22 est, waive application of clause (i) of subsection

23 (a)(6)(F)—in the case of an alien lawfully admitted

24 for permanent residence who temporarily proceeded

25 abroad voluntarily and not under an order of depor-
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1 tation, and who is otherwise admissible to the

2 United States as a returning resident under section

3 211(b), and in the case of an alien seeking admis4 sion or adjustment of status as an immediate rel5 ative or immigrant under section 203(a) (other than

6 paragraph (4) thereof) if the violation under section

7 274C was committed solely to assist, aid, or support

8 the alien’s spouse, parent, son, or daughter (and not

9 other individual).’’

10 (c) Section 241(a)(3)(C) of the Immigration and Na11 tionality Act (8 U.S.C. 1251(a)(3)(C) is revised to read

12 as follows:

13 ‘‘(C) DOCUMENT FRAUD.—

14 ‘‘(i) IN GENERAL.—An alien who is

15 the subject of a final order for violation of

16 section 274C is deportable.

17 ‘‘(ii) WAIVER AUTHORIZED.—The At18 torney General may waive clause (i) in the

19 case of an alien lawfully admitted for per20 manent residence if the alien’s civil money

21 penalty under section 274C was incurred

22 solely to assist, aid, or support the alien’s

23 spouse, parent, son, or daughter (and no

24 other individual)’’.

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