I

103D CONGRESS

1ST SESSION H. R. 3363

To amend the Immigration and Nationality Act to improve immigration

enforcement and anti-smuggling activities, to reform the asylum law,

and to authorize appropriations for the Immigration and Naturalization

Service.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1993

Mr. MAZZOLI (for himself, Mr. SCHUMER, and Mr. MCCOLLUM) introduced

the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to improve

immigration enforcement and anti-smuggling activities,

to reform the asylum law, and to authorize appropriations for the Immigration and Naturalization Service.

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; AMENDMENTS MADE BY ACT;

4 TABLE OF CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Immigration Enforcement and Asylum Reform Act of

7 1993’’.
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1 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL2 ITY ACT.—Except as otherwise expressly provided, when3 ever in this Act an amendment or repeal is expressed in

4 terms of an amendment to, or repeal of, a section or other

5 provision, the reference shall be considered to be made to

6 a section or other provision of the Immigration and Na7 tionality Act.

8 (c) TABLE OF CONTENTS.—The table of contents of

9 this Act is as follows:

Sec. 1. Short title; amendments made by Act; table of contents.

TITLE I—SMUGGLING AND FRAUD

Sec. 101. Inspection and exclusion by immigration officers.

Sec. 102. Enhanced penalties for alien smuggling.

Sec. 103. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 104. Wiretap authority for alien smuggling investigations.

Sec. 105. Including alien smuggling as a racketeering activity for purposes of

racketeering influenced and corrupt organizations (RICO) enforcement authority.

Sec. 106. Effective dates.

TITLE II—ASYLUM

Sec. 201. Asylum.

Sec. 202. Failure to appear for provisional asylum hearing; judicial review.

Sec. 203. Conforming amendments.

Sec. 204. Effective dates.

TITLE III—INSPECTIONS

Sec. 301. Preinspection at foreign airports.

Sec. 302. Expediting airport immigration processing.

Sec. 303. Visa waiver program.

Sec. 304. Training of airline personnel in detection of fraudulent documents.

Sec. 305. Fines for unlawful bringing of aliens into the United States.

TITLE IV—AUTHORIZATION OF APPROPRIATIONS FOR THE

IMMIGRATION AND NATURALIZATION SERVICE

Sec. 401. Authorization of appropriations for I.N.S. for fiscal years 1994 and

1995.
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1 TITLE I—SMUGGLING AND FRAUD

2 SEC. 101. INSPECTION AND EXCLUSION BY IMMIGRATION

3 OFFICERS.

4 (a) IN GENERAL.—Section 235(b) (8 U.S.C.

5 1225(b)) is amended to read as follows:

6 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

7 OFFICERS.—

8 ‘‘(1) An immigration officer shall inspect each

9 alien who is seeking entry to the United States.

10 ‘‘(2)(A) If the examining immigration officer

11 determines that an alien seeking entry—

12 ‘‘(i) does not present the documentation

13 required (if any) to obtain legal entry to the

14 United States; and

15 ‘‘(ii) does not indicate either an intention

16 to apply for provisional asylum (under section

17 208) or a fear of persecution,

18 the officer shall order the alien excluded from the

19 United States without further hearing or review.

20 ‘‘(B) The examining immigration officer shall

21 refer for immediate inspection at the port of entry

22 by an asylum officer under subparagraph (C) any

23 alien who (i) does not present the documentation re24 quired (if any) to obtain legal entry to the United
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1 States, and (ii) has indicated an intention to apply

2 for provisional asylum or a fear of persecution.

3 ‘‘(C)(i) If an asylum officer determines that an

4 alien has a credible fear of persecution, the alien

5 shall be entitled to apply for provisional asylum

6 under section 208.

7 ‘‘(ii)(I) Subject to subclause (II), if an asylum

8 officer determines that an alien does not have a

9 credible fear of persecution the officer shall order

10 the alien excluded from the United States without

11 further hearing or review.

12 ‘‘(II) The Attorney General shall promulgate

13 regulations to provide for the immediate review by

14 another asylum officer at the port of entry of a deci15 sion under subclause (I).

16 ‘‘(iii) For the purposes of this subparagraph,

17 the term ‘credible fear of persecution’ means (I) that

18 it is more probable than not that the statements

19 made by the alien in support of his or her claim are

20 true, and (II) that there is a significant possibility,

21 in light of such statements and of such other facts

22 as are known to the officer that the alien could es23 tablish eligibility for provisional asylum under sec24 tion 208.
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1 ‘‘(iv) Notwithstanding any other provision of

2 law, no court shall have jurisdiction to review, except

3 by petition for habeas corpus, any determination

4 made with respect to an alien found excludable pur5 suant to this paragraph. In any such case, review by

6 habeas corpus shall be limited to examination of

7 whether the petitioner (I) is an alien, and (II) was

8 ordered excluded from the United States pursuant to

9 this paragraph.

10 ‘‘(3)(A) Except as provided in subparagraph

11 (B), if the examining immigration officer determines

12 that an alien seeking entry is not clearly and beyond

13 a doubt entitled to enter, the alien shall be detained

14 for a hearing before a special inquiry officer.

15 ‘‘(B) The provisions of subparagraph (A) shall

16 not apply—

17 ‘‘(i) to an alien crewman,

18 ‘‘(ii) to an alien described in paragraph

19 (2)(A) or 2(C)(ii)(I), or

20 ‘‘(iii) if the conditions described in section

21 273(d) exist.

22 ‘‘(4) The decision of the examining immigration

23 officer, if favorable to the admission of any alien,

24 shall be subject to challenge by any other immigra25 tion officer and such challenge shall operate to take
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1 the alien, whose privilege to enter is so challenged,

2 before a special inquiry officer for a hearing on ex3 clusion of the alien.

4 ‘‘(5)(A) Subject to subparagraph (B), an alien

5 has not entered the United States for purposes of

6 this Act unless and until such alien has been in7 spected and admitted by an immigration officer pur8 suant to this subsection.

9 ‘‘(B) An alien who (i) is physically present in

10 the United States, (ii) has been physically present in

11 the United States for a continuous period of one

12 year, and (iii) has not been inspected and admitted

13 by an immigration officer shall be deemed to have

14 entered the United States without inspection.’’.

15 (b) CONFORMING AMENDMENTS.—Section 237(a) (8

16 U.S.C. 1227(a)) is amended—

17 (1) in the second sentence of paragraph (1) by

18 striking ‘‘Deportation’’ and inserting ‘‘Subject to

19 section 235(b)(2), deportation’’; and

20 (2) in the first sentence of paragraph (2) by

21 striking ‘‘If’’ and inserting ‘‘Subject to section

22 235(b)(2), if’’.

23 SEC. 102. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

24 (a) ADDITIONAL CRIMINAL PENALTY.—Section

25 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (C),

3 (2) by striking the comma at the end of sub4 paragraph (D) and inserting ‘‘; or’’,

5 (3) by inserting after subparagraph (D) the fol6 lowing:

7 ‘‘(E) contracts or agrees with another party for

8 that party to provide, for employment by the person

9 or another, an alien who is not authorized to be em10 ployed in the United States, knowing that such

11 party intends to cause such alien to be brought into

12 the United States in violation of the laws of the

13 United States,’’, and

14 (4) by striking ‘‘shall be fined’’ and all that fol15 lows and inserting the following: ‘‘shall, for each

16 alien in respect to whom any violation of this para17 graph occurs, be fined in accordance with title 18,

18 United States Code, imprisoned not more than 5

19 years (or 10 years in the case of a violation of sub20 paragraph (A) or (E)), or 20 years if during and in

21 relation to the violation the person causes serious

22 bodily injury (as defined in section 1365 of title 18,

23 United States Code) to, or places in jeopardy the life

24 of, any alien, or for any term of years up to life if
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1 during and in relation to the violation the person

2 causes the death of any alien, or both.’’.

3 (b) TREATMENT OF SMUGGLING AS AN AGGRAVATED

4 FELONY.—The first sentence of section 101(a)(43) (8

5 U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of6 fense under section 274(a)’’ before ‘‘for which the term

7 of imprisonment’’.

8 SEC. 103. EXPANDED FORFEITURE FOR SMUGGLING OR

9 HARBORING ILLEGAL ALIENS.

10 (a) IN GENERAL.—Paragraph (1) of section 274(b)

11 of the Immigration and Nationality Act (8 U.S.C.

12 1324(b)) is amended to read as follows:

13 ‘‘(1)(A) Except as provided in subparagraph (B), the

14 following property shall be subject to seizure and forfeit15 ure:

16 ‘‘(i) Any conveyance, including any vessel, vehi17 cle, or aircraft, which has been or is being used in

18 the commission of a violation of subsection (a).

19 ‘‘(ii) Any property, real or personal, which—

20 ‘‘(I) constitutes, or is derived from or

21 traceable to, the proceeds obtained directly or

22 indirectly from the commission of a violation of

23 subsection (a), or
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1 ‘‘(II) is used to facilitate, or is intended to

2 be so used in the commission of, a violation of

3 subsection (a)(1)(A).

4 ‘‘(B)(i) No property used by any person as a common

5 carrier in the transaction of business as a common carrier

6 shall be forfeited under this section, unless the owner or

7 other person with lawful custody of the property was a

8 consenting party to or privy to the violation of subsection

9 (a) or of section 274A(a)(1) or 274A(a)(2).

10 ‘‘(ii) No property shall be forfeited under the provi11 sions of this section by reason of any act or omission es12 tablished by the owner to have been committed or omitted

13 by a person other than the owner while the property was

14 unlawfully in the possession of a person other than the

15 owner in violation of the criminal laws of the United

16 States or of any State.

17 ‘‘(iii) No property shall be forfeited under the provi18 sions of this section to the extent of an interest of the

19 owner, by reason of any act or omission established by

20 the owner to have been committed or omitted without the

21 knowledge, consent, or willful blindness of the owner, un22 less the act or omission was committed or omitted by an

23 employee or agent of the owner or other person with lawful

24 custody of the property with the intent of furthering the

25 business interests of, or to confer any other benefit upon,
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1 the owner or other person with lawful custody of the

2 property.’’.

3 (b) CONFORMING AMENDMENTS.—Section 274(b) of

4 such Act (8 U.S.C. 1324(b)) is amended—

5 (1) in paragraph (2)—

6 (A) by striking ‘‘conveyance’’ and inserting

7 ‘‘property’’ each place it appears, and

8 (B) 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’’; and

12 (2) in paragraphs (4) and (5), by striking ‘‘a

13 conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’

14 and inserting ‘‘property’’ each place it appears.

15 SEC. 104. WIRETAP AUTHORITY FOR ALIEN SMUGGLING

16 INVESTIGATIONS.

17 Section 2516(1) of title 18, United State Code, is

18 amended—

19 (1) in paragraph (c) by inserting after ‘‘weap20 ons),’’ the following: ‘‘or a felony violation of section

21 1028 (relating to production of false identification

22 documentation), section 1542 (relating to false

23 statements in passport applications), section 1546

24 (relating to fraud and misuse of visas, permits, and

25 other documents),’’;
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1 (2) by striking out ‘‘or’’ after paragraph (l) and

2 redesignating paragraphs (m), (n), and (o) as para3 graphs (n), (o), and (p), respectively; and

4 (3) by inserting after paragraph (l) the follow5 ing new paragraph:

6 ‘‘(m) a violation of section 274 of the Immigration

7 and Nationality Act (8 U.S.C. 1324) (relating to alien

8 smuggling), of section 277 of the Immigration and Nation9 ality Act (8 U.S.C. 1327) (relating to the smuggling of

10 aliens convicted of aggravated felonies or of aliens subject

11 to exclusion on grounds of national security), or of section

12 278 of the Immigration and Nationality Act (8 U.S.C.

13 1328) (relating to smuggling of aliens for the purpose of

14 prostitution or other immoral purpose);’’.

15 SEC. 105. INCLUDING ALIEN SMUGGLING AS A RACKETEER16 ING ACTIVITY FOR PURPOSES OF RACK17 ETEERING INFLUENCED AND CORRUPT OR18 GANIZATIONS (RICO) ENFORCEMENT AU19 THORITY.

20 Section 1961(1) of title 18, United States Code, is

21 amended—

22 (1) by striking ‘‘or’’ before ‘‘(E) any act’’, and

23 (2) by inserting before the period at the end the

24 following: , or (F) any act which is indictable under
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1 section 274(a)(1) of the Immigration and National2 ity Act (relating to alien smuggling)’’.

3 SEC. 106. EFFECTIVE DATES.

4 (a) IN GENERAL.—Except as otherwise provided, the

5 amendments made by this title shall take effect on the

6 date of the enactment of this Act and shall apply to aliens

7 who arrive in or seek admission to the United States on

8 or after such date.

9 (b) SMUGGLING.—The amendment made by section

10 102(b) shall apply to offenses for which convictions are

11 entered before, on, or after the date of the enactment of

12 this Act.

13 (c) INTERIM REFERENCE TO PROVISIONAL ASY14 LUM.—Any reference in section 235(b)(2) of the Immigra15 tion and Nationality Act (as amended by section 101(a)

16 of this Act) to provisional asylum under section 208 of

17 the Immigration and Nationality Act shall be deemed, be18 fore the effective date of the amendment made by section

19 201(a), to be a reference to asylum under section 208 of

20 such Act.

21 TITLE II—ASYLUM

22 SEC. 201. ASYLUM.

23 (a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is

24 amended to read as follows:

25 ‘‘ASYLUM

26 ‘‘SEC. 208. (a) PROVISIONAL ASYLUM.—
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1 ‘‘(1) RIGHT TO APPLY.—An alien physically

2 present in the United States or at a land border or

3 port of entry, irrespective of such alien’s status, may

4 apply for provisional asylum in accordance with this

5 section.

6 ‘‘(2) CONDITIONS FOR GRANTING.—

7 ‘‘(A) MANDATORY CASES.—The Attorney

8 General shall grant provisional asylum to an

9 alien if the alien applies for provisional asylum

10 in accordance with the requirements of this sec11 tion and establishes that it is more likely than

12 not that in the alien’s country of nationality

13 (or, in the case of a person having no national14 ity, the country in which such alien last habit15 ually resided) such alien’s life or freedom would

16 be threatened on account of race, religion, na17 tionality, membership in a particular social

18 group, or political opinion.

19 ‘‘(B) DISCRETIONARY CASES.—The Attor20 ney General may grant provisional asylum to an

21 alien if the alien applies for provisional asylum

22 in accordance with the requirements of this sec23 tion and establishes that the alien is a refugee

24 within the meaning of section 101(a)(42).
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1 ‘‘(C) EXCEPTIONS.—(i) Subparagraphs

2 (A) and (B) shall not apply to an alien if the

3 Attorney General determines that—

4 ‘‘(I) the alien ordered, incited, as5 sisted, or otherwise participated in the per6 secution of any person on account of race,

7 religion, nationality, membership in a par8 ticular social group, or political opinion;

9 ‘‘(II) the alien, having been convicted

10 by a final judgment of a particularly seri11 ous crime, constitutes a danger to the com12 munity of the United States;

13 ‘‘(III) there are serious reasons for

14 believing that the alien has committed a

15 serious nonpolitical crime outside the

16 United States prior to the arrival of the

17 alien in the United States;

18 ‘‘(IV) there are reasonable grounds

19 for regarding the alien as a danger to the

20 security of the United States; or

21 ‘‘(V) a country willing to accept the

22 alien has been identified (other than the

23 country described in subparagraph (A)) to

24 which the alien can be deported or re25 turned and the alien does not establish
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1 that it is more likely than not that the

2 alien’s life or freedom would be threatened

3 in such country on account of race, reli4 gion, nationality, membership in a particu5 lar social group, or political opinion.

6 ‘‘(ii)(I) For purposes of clause (i)(II), an

7 alien who has been convicted of an aggravated

8 felony shall be considered to have committed a

9 particularly serious crime.

10 ‘‘(II) The Attorney General shall promul11 gate regulations that specify additional crimes

12 that will be considered to be a crime described

13 in clause (i)(II) or (i)(III).

14 ‘‘(III) The Attorney General shall promul15 gate regulations establishing such additional

16 limitations and conditions as the Attorney Gen17 eral considers appropriate under which an alien

18 shall be ineligible to apply for provisional asy19 lum under subparagraph (B).

20 ‘‘(3) PROVISIONAL ASYLUM STATUS.—In the

21 case of any alien granted provisional asylum under

22 paragraph (2), the Attorney General, in accordance

23 with this section—

24 ‘‘(A) shall not deport or return the alien to

25 the country described under paragraph (2)(A);
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1 ‘‘(B) shall authorize the alien to engage in

2 employment in the United States and provide

3 the alien with an ‘employment authorized’ en4 dorsement or other appropriate work permit;

5 and

6 ‘‘(C) may allow the alien to travel abroad

7 with the prior consent of the Attorney General.

8 ‘‘(4) TERMINATION.—Provisional asylum grant9 ed under paragraph (2) may be terminated if the At10 torney General, pursuant to such regulations as the

11 Attorney General may prescribe, determines that—

12 ‘‘(A) the alien no longer meets the condi13 tions described in paragraph (2) owing to a

14 change in circumstances in the alien’s country

15 of nationality or, in the case of an alien having

16 no nationality, in the country in which the alien

17 last habitually resided;

18 ‘‘(B) the alien meets a condition described

19 in paragraph (2)(C); or

20 ‘‘(C) a country willing to accept the alien

21 has been identified (other than the country de22 scribed in paragraph (2)) to which the alien can

23 be deported or returned and the alien cannot

24 establish that it is more likely than not that the

25 alien’s life or freedom would be threatened in
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1 such country on account of race, religion, na2 tionality, membership in a particular social

3 group, or political opinion.

4 ‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In

5 the case of an alien described in paragraph

6 (2)(C)(i)(V) or paragraph (4)(C), the alien’s depor7 tation or return shall be directed by the Attorney

8 General in the sole discretion of the Attorney Gen9 eral, to any country which is willing to accept the

10 alien into its territory (other than the country de11 scribed in paragraph (2)).’’.

12 ‘‘(b) PROVISIONAL ASYLUM PROCEDURE.—

13 ‘‘(1) APPLICATIONS.—

14 ‘‘(A) IN GENERAL.—

15 ‘‘(i) DEADLINE.—Subject to clause

16 (ii), an alien’s application for provisional

17 asylum shall not be considered under this

18 section unless—

19 ‘‘(I) the alien has filed, not later

20 than 30 days after entering or coming

21 to the United States, notice of inten22 tion to file such an application, and

23 ‘‘(II) such application is actually

24 filed not later than 60 days after en25 tering or coming to the United States.
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1 ‘‘(ii) EXCEPTION.—An application for

2 provisional asylum may be considered, not3 withstanding that the requirements of

4 clause (i) have not been met, only if the

5 alien demonstrates by clear and convincing

6 evidence changed circumstances in the

7 alien’s country of nationality (or in the

8 case of an alien with no nationality, in the

9 country where the alien last habitually re10 sided) affecting eligibility for provisional

11 asylum.

12 ‘‘(B) REQUIREMENTS.—An application for

13 provisional asylum shall not be considered un14 less the alien submits to the taking of finger15 prints and a photograph in a manner deter16 mined by the Attorney General.

17 ‘‘(C) FEES.—In the discretion of the At18 torney General, the Attorney General may im19 pose reasonable fees for the consideration of an

20 application for provisional asylum, for employ21 ment authorization under this section, and for

22 adjustment of status under section 209(b). The

23 Attorney General is authorized to provide for

24 the assessment and payment of any such fee

25 over a period of time or by installments.
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1 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

2 AND CONSEQUENCES OF FRIVOLOUS APPLICA3 TION.—

4 ‘‘(i) NOTICE.—At the time of filing a

5 notice of intention to apply for provisional

6 asylum, the alien shall be advised of the

7 privilege of being represented by counsel

8 (as provided under paragraph (2)(D)) and

9 of the consequences, under subsection (d),

10 of filing a frivolous application for provi11 sional asylum.

12 ‘‘(ii) PROVISION OF LIST OF COUN13 SEL.—The Attorney General shall provide

14 for lists (updated not less often than quar15 terly) of persons who have indicated their

16 availability to represent pro bono aliens in

17 provisional asylum proceedings. Such lists

18 shall be provided to the alien at the time

19 of filing of notice of intention to apply for

20 provisional asylum, and otherwise be made

21 generally available.

22 ‘‘(E) An applicant for provisional asylum is

23 not entitled to engage in employment in the

24 United States. The Attorney General may au25 thorize an alien who has filed an application for
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1 provisional asylum to engage in employment in

2 the United States, in the discretion of the At3 torney General.

4 ‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR5 INGS.—

6 ‘‘(A) ASYLUM OFFICERS.—Applications for

7 provisional asylum shall be considered by offi8 cers of the Service (referred to in this Act as

9 ‘asylum officers’) who are specially designated

10 by the Service as having special training and

11 knowledge of international conditions and

12 human rights records of foreign countries.

13 Pending the designation of such officers, indi14 viduals who as of the date of the enactment of

15 the Immigration Enforcement and Asylum Re16 form Act of 1993 are authorized to perform du17 ties as asylum officers shall be deemed to be

18 qualified to be asylum officers for purposes of

19 this Act.

20 ‘‘(B) SCHEDULING OF HEARINGS.—

21 ‘‘(i) IN GENERAL.—Upon the filing of

22 an application for provisional asylum, an

23 asylum officer, at the earliest practicable

24 time and after consultation with the attor25 ney for the Government and the attorney
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1 (if any) for the applicant, shall set the ap2 plication for hearing on a day certain or

3 list it on a weekly or other short-term cal4 endar, so as to assure a speedy hearing.

5 ‘‘(ii) DEADLINE.—Unless the appli6 cant (or an attorney for the applicant) con7 sents in writing to the contrary, the hear8 ing on the provisional asylum application

9 shall commence not later than 45 days

10 after the date the application was filed.

11 ‘‘(C) PUBLIC HEARINGS.—A hearing on a

12 provisional asylum application shall be open to

13 the public unless the applicant requests that it

14 be closed to the public.

15 ‘‘(D) PRIVILEGE OF COUNSEL.—The alien

16 shall have the privilege of being represented by

17 such counsel (at no expense to the government),

18 authorized to practice in such proceedings, as

19 the alien shall choose. Such representation may

20 not cause undue delay in the proceedings. The

21 Attorney General, in the discretion of the Attor22 ney General, shall provide standards by regula23 tion for determinations of undue delay.

24 ‘‘(E) RIGHTS IN HEARINGS.—The officer

25 shall conduct the hearing in a nonadversarial
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1 manner. During such hearing, the applicant

2 shall have the privilege of the assistance and

3 participation of counsel and shall be entitled to

4 present evidence and witnesses, to examine and

5 object to evidence presented by the Government,

6 and to cross-examine all witnesses presented by

7 the Government.

8 ‘‘(F) COUNTRY CONDITIONS.—

9 ‘‘(i) The Secretary of State shall pro10 vide information regarding country condi11 tions to the Attorney General to be in12 cluded, along with information from other

13 reliable sources, in the collections of the

14 asylum resource information center of the

15 Immigration and Naturalization Service.

16 ‘‘(ii) An officer may request informa17 tion regarding country conditions from the

18 asylum resource information center of the

19 Immigration and Naturalization Service

20 and from the Secretary of State, but may

21 not request or consider recommendations

22 from the Secretary of State as to whether

23 a particular named individual should or

24 should not be granted provisional asylum.
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1 ‘‘(G) TRANSCRIPT OF HEARINGS.—A com2 plete record of the proceedings and of all testi3 mony and evidence produced at the hearing

4 shall be kept. The hearing shall be recorded

5 verbatim. The Attorney General and the Service

6 shall provide that a transcript of a hearing held

7 under this section is made available not later

8 than 10 days after the date of completion of the

9 hearing.

10 ‘‘(H) DEADLINE FOR DETERMINATIONS ON

11 APPLICATIONS.—The officer shall render a de12 termination on the application not later than 30

13 days after the date of completion of the hear14 ing. The determination of the officer shall be

15 based only on the evidence produced at the

16 hearing or on information which is the subject

17 of official notice with respect to country condi18 tions.

19 ‘‘(I) RESOURCE ALLOCATION.—The Attor20 ney General shall allocate sufficient resources

21 so as to assure that applications for provisional

22 asylum are heard and determined on a timely

23 basis. However, nothing in this paragraph relat24 ing to scheduling or deadlines shall be con25 strued as creating any right or benefit, sub-
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1 stantive or procedural, which is legally enforce2 able by any party against the United States, its

3 agencies, its officers, or any other person.

4 ‘‘(J) SANCTIONS FOR FAILURE TO AP5 PEAR.—

6 ‘‘(i) Subject to clause (ii), the applica7 tion for provisional asylum of an alien who

8 does not appear for a hearing on such ap9 plication shall be summarily dismissed un10 less the alien can show exceptional cir11 cumstances (as defined in section

12 242B(f)(2)) as determined by the asylum

13 officer.

14 ‘‘(ii) Clause (i) shall not apply if writ15 ten and oral notice were not provided as

16 required by section 242B(e)(4)(B).

17 ‘‘(K) FINALITY OF DETERMINATIONS.—

18 ‘‘(i) IN GENERAL.—The decision of

19 the asylum officer shall be the final admin20 istrative determination of a claim for provi21 sional asylum.

22 ‘‘(ii) TREATMENT OF CASES IN EX23 CLUSION OR DEPORTATION.—If proceed24 ings are instituted against an alien under

25 section 235 or 242 of this Act and the
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1 alien files an application for provisional

2 asylum based on circumstances described

3 in subsection (b)(1)(A)(ii), the asylum offi4 cer shall render, on an expedited basis, a

5 decision on the application.

6 ‘‘(c) ASYLUM.—

7 ‘‘(1) ADJUSTMENT OF STATUS.—Under such

8 regulations as the Attorney General may prescribe,

9 the Attorney General shall adjust to the status of an

10 alien granted asylum the status of any alien granted

11 provisional asylum under subsection (a)(2)(A) or

12 (a)(2)(B) who—

13 ‘‘(A) applies for such adjustment;

14 ‘‘(B) has been physically present in the

15 United States for at least 1 year after being

16 granted provisional asylum;

17 ‘‘(C) continues to be eligible for provisional

18 asylum under this section; and

19 ‘‘(D) is admissible under this Act at the

20 time of examination for adjustment of status

21 under this subsection.

22 ‘‘(2) TREATMENT OF SPOUSE AND CHIL23 DREN.—A spouse or child (as defined in section

24 101(b) (A), (B), (C), (D), or (E)) of an alien whose

25 status is adjusted to that of an alien granted asylum
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1 under paragraph (a)(2) may be granted the same

2 status as the alien if accompanying, or following to

3 join, such alien.

4 ‘‘(3) APPLICATION FEES.—The Attorney Gen5 eral may impose a reasonable fee for the filing of an

6 application for asylum under this subsection.

7 ‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV8 OLOUS APPLICATIONS.—

9 ‘‘(1) IN GENERAL.—If the asylum officer deter10 mines that an alien has made a frivolous application

11 for provisional asylum under this section and the

12 alien has received the notice under subsection

13 (b)(1)(D)(i), the alien shall be permanently ineligible

14 for any benefits under this Act, effective as of the

15 date of a final determination on such application.

16 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN17 TATIONS.—For purposes of this subsection, an appli18 cation considered to be ‘frivolous’ includes, but is

19 not limited to, an application which contains a will20 ful misrepresentation or concealment of a material

21 fact.’’.

22 (b) CLERICAL AMENDMENT.—The item in the table

23 of contents relating to section 208 is amended to read as

24 follows:

‘‘Sec. 208. Asylum.’’.
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1 SEC. 202. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

2 HEARING; JUDICIAL REVIEW.

3 (a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

4 HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is

5 amended—

6 (1) in the heading, by striking ‘‘ASYLUM’’ and

7 inserting ‘‘PROVISIONAL ASYLUM’’;

8 (2) by striking ‘‘asylum’’ each place it appears

9 and inserting ‘‘provisional asylum’’; and

10 (3) in subparagraph (A), by striking all after

11 clause (iii) and inserting ‘‘shall not be eligible for

12 any benefits under this Act.’’.

13 (b) JUDICIAL REVIEW.—Section 106 (8 U.S.C.

14 1105a) is amended by adding at the end the following sub15 section:

16 ‘‘(d) The procedure prescribed by, and all the provi17 sions of chapter 158 of title 28, United States Code, shall

18 apply to, and shall be the sole and exclusive procedure for,

19 the judicial review of all final orders granting or denying

20 provisional asylum, except that—

21 ‘‘(1) a petition for review may be filed not later

22 than 90 days after the date of the issuance of the

23 final order granting or denying provisional asylum;

24 ‘‘(2) the venue of any petition for review under

25 this subsection shall be in the judicial circuit in

26 which the administrative proceedings before an asy-
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1 lum officer were conducted in whole or in part, or

2 in the judicial circuit wherein is the residence, as de3 fined in this Act, of the petitioner, but not in more

4 than one circuit; and

5 ‘‘(3) notwithstanding any other provision of

6 law, a determination granting or denying provisional

7 asylum based on changed circumstances pursuant to

8 section 208(b)(1)(A)(ii) shall be in the sole discre9 tion of the asylum officer.’’.

10 SEC. 203. CONFORMING AMENDMENTS.

11 (a) LIMITATION ON DEPORTATION.—Section 243 (8

12 U.S.C. 1253) is amended by striking subsection (h).

13 (b) ADJUSTMENT OF STATUS.—Section 209(b) (8

14 U.S.C. 1159(b)) is amended—

15 (1) in paragraph (2) by striking ‘‘one year’’ and

16 inserting ‘‘2 years’’; and

17 (2) by amending paragraph (3) to read as

18 follows:

19 ‘‘(3) continues to be eligible for provisional asy20 lum under section 208,’’.

21 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO22 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

23 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

24 243(h)(2)’’ and inserting ‘‘clauses (i), (ii), (iii), or (iv) of

25 section 208(a)(2)(B)’’.
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1 (d) ELIGIBILITY FOR NATURALIZATION.—Section

2 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

3 ‘‘subparagraphs (A) through (D) of paragraph 243(h)(2)’’

4 and inserting ‘‘clauses (i), (ii), (iii), or (iv) of section

5 208(a)(2)(B).’’.

6 (e) FAMILY UNITY.—Section 301(e) of the Immigra7 tion Act of 1990 (P.L. 101–649) is amended by striking

8 ‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i), (ii), (iii),

9 or (iv) of section 208(a)(2)(B).’’.

10 SEC. 204. EFFECTIVE DATES.

11 (a) IN GENERAL.—Except as otherwise provided, the

12 amendments made by this title shall take effect on the

13 date of the enactment of this Act.

14 (b) EXCEPTIONS.—

15 (1) The amendments made by this title shall

16 not apply to applications for asylum or withholding

17 of deportation made before the first day of the first

18 month that begins more than 180 days after the

19 date of the enactment of this Act and no application

20 for provisional asylum under section 208 of the Im21 migration and Nationality Act (as amended by sec22 tion 201 of this Act) shall be considered before such

23 first day.

24 (2) In applying section 208(b)(1)(A) of the Im25 migration and Nationality Act (as amended by this
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1 title) in the case of an alien who has entered or

2 came to the United States before the first day de3 scribed in paragraph (1), notwithstanding the dead4 lines specified in such section—

5 (A) the deadline for the filing of a notice

6 of intention to file an application for provisional

7 asylum is 30 days after such first day, and

8 (B) the deadline for the filing of the appli9 cation for provisional asylum is 30 days after

10 the date of filing such notice.

11 (3) The amendments made by section 203(b)

12 (relating to adjustment of status) shall not apply to

13 aliens granted asylum under section 208 of the Im14 migration and Nationality Act, as in effect before

15 the date of the enactment of this Act.

16 TITLE III—INSPECTIONS

17 SEC. 301. PREINSPECTION AT FOREIGN AIRPORTS.

18 (a) IN GENERAL.—The Immigration and Nationality

19 Act is amended by inserting after section 235 the following

20 new section:

21 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

22 ‘‘SEC. 235A. (a) ESTABLISHMENT OF ADDITIONAL

23 PREINSPECTION STATIONS AT HIGH VOLUME AIR24 PORTS.—Subject to subsection (c), not later than 2 years

25 after the date of the enactment of this section, the Attor26 ney General, in consultation with the Secretary of State,
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1 shall establish and maintain preinspection stations in at

2 least 3 of the foreign airports that are among the 10 for3 eign airports which the Attorney General identifies as

4 serving as last points of departure for the greatest num5 bers of passengers who arrive from abroad by air at ports

6 of entry within the United States. Such preinspection sta7 tions shall be in addition to any preinspection stations es8 tablished or authorized to be established prior to the date

9 of the enactment of this section.

10 ‘‘(b) ESTABLISHMENT OF ADDITIONAL

11 PREINSPECTION STATIONS AT CERTAIN FOREIGN AIR12 PORTS FROM WHICH UNDOCUMENTED ALIENS DEPART

13 FOR THE UNITED STATES.—

14 ‘‘(1) REPORTS TO CONGRESS.—Not later than

15 November 1, 1993, and each subsequent November

16 1, the Attorney General shall compile and submit to

17 the Committee on the Judiciary of the House of

18 Representatives and the Committee on the Judiciary

19 of the Senate a report identifying the foreign air20 ports which served as last points of departure for

21 aliens who arrived by air at United States ports of

22 entry without valid documentation during the pre23 ceding fiscal year. Such report shall indicate the

24 number and nationality of such aliens arriving from

25 each such foreign airport.
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1 ‘‘(2) ESTABLISHMENT OF ADDITIONAL

2 PREINSPECTION STATIONS.—Subject to subsection

3 (c), not later than November 1, 1995, the Attorney

4 General, in consultation with the Secretary of State,

5 shall establish preinspection stations in at least 3 of

6 the foreign airports that are among the 10 foreign

7 airports identified in the first report submitted

8 under paragraph (1) as serving as the last points of

9 departure for the greatest number of aliens who ar10 rive from abroad by air at points of entry within the

11 United States without valid documentation. Such

12 preinspection stations shall be in addition to any

13 preinspection stations established or authorized to be

14 established either under subsection (a) or prior to

15 the date of the enactment of this section.

16 ‘‘(3) ESTABLISHMENT OF CARRIER CONSULT17 ANT PROGRAM.—The Attorney General shall assign

18 additional immigration officers to any foreign air19 port identified in the first report submitted under

20 paragraph (1) which served as a point of departure

21 for a significant number of arrivals at United States

22 ports of entry without valid documentation, but

23 where no preinspection station is established.

24 ‘‘(c) CONDITIONS FOR ESTABLISHMENT OF

25 PREINSPECTION.—Prior to the establishment of a
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1 preinspection station the Attorney General, in consultation

2 with the Secretary of State, shall ensure that—

3 ‘‘(1) employees of the United States stationed

4 at the preinspection station and their accompanying

5 family members will receive appropriate protection,

6 ‘‘(2) such employees and their families will not

7 be subject to unreasonable risks to their welfare and

8 safety,

9 ‘‘(3) the country in which the preinspection sta10 tion is to be established maintains practices and pro11 cedures with respect to asylum seekers and refugees

12 in accordance with the Convention Relating to the

13 Status of Refugees (done at Geneva, July 28, 1951)

14 or the Protocol Relating to the Status of Refugees

15 (done at New York, January 31, 1967), and

16 ‘‘(4) the country in which the preinspection sta17 tion is to be established has not been the source of

18 a significant number of asylum seekers or refugees

19 in the 5-year period preceding establishment of the

20 preinspection station.’’.

21 (b) CLERICAL AMENDMENT.—The table of contents

22 is amended by inserting after the item relating to section

23 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.
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1 SEC. 302. EXPEDITING AIRPORT IMMIGRATION PROCESS2 ING.

3 (a) PASSENGER MANIFESTS.—

4 (1) ELECTRONIC PASSENGER MANIFESTS.—Sec5 tion 231(a) (8 U.S.C. 1221(a)) is amended in the

6 first sentence by striking ‘‘typewritten’’ and insert7 ing ‘‘electronic, typewritten,’’.

8 (2) INFORMATION CONTAINED IN PASSENGER

9 MANIFEST.—Section 231(a) (8 U.S.C. 1221(a)) is

10 further amended by inserting immediately before the

11 period at the end of the second sentence ‘‘, except

12 that regulations concerning the information con13 tained in such lists may not require information

14 other than the full name, date of birth, passport

15 number, and citizenship of the person transported,

16 and information identifying the flight on which the

17 person was transported’’.

18 (b) INSPECTION BY IMMIGRATION OFFICERS.—Sec19 tion 235(a) (8 U.S.C. 1225(a)) is amended by adding

20 after the second sentence the following: ‘‘Except as the

21 Attorney General may provide, nothing in this section

22 shall be construed as requiring a personal interview in the

23 conduct of an examination or inspection.’’.

24 (c) EXPEDITED PROCESS FOR THE INSPECTION OF

25 CITIZENS.—
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1 (1) IN GENERAL.—Section 235A, as inserted by

2 section 301(a) of this Act, is amended—

3 (A) in the heading, by adding at the end

4 the following: ‘‘; EXPEDITED PROCESS FOR THE

5 INSPECTION OF CITIZENS’’, and

6 (B) by adding at the end the following new

7 subsection:

8 ‘‘(d) EXPEDITED PROCESS FOR THE INSPECTION OF

9 CITIZENS.—Not later than 90 days after the date of the

10 enactment of this section, the Attorney General shall im11 plement an expedited process for the inspection of United

12 States citizens upon arrival from abroad by air at ports

13 of entry within the United States. An expedited process

14 shall be maintained except during a national or airport

15 specific security emergency as determined by the Attorney

16 General.’’.

17 (2) CLERICAL AMENDMENT.—The item in the

18 table of contents relating to section 235A, as in19 serted by section 301(b) of this Act, is amended to

20 read as follows:

‘‘Sec. 235A. Preinspection at foreign airports; expedited process for the inspection of citizens.’’.

21 SEC. 303. VISA WAIVER PROGRAM.

22 (a) PERMANENCY OF PROGRAM.—Section 217 (8

23 U.S.C. 1187) is amended—
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1 (1) by amending the section heading to read as

2 follows:

3 ‘‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’’;

4 (2) in the heading of subsection (a), (a)(2), and

5 (c) by striking ‘‘PILOT’’ and ‘‘PILOT’’ each place ei6 ther appears and inserting ‘‘VISA WAIVER’’ and

7 ‘‘VISA WAIVER’’, respectively;

8 (3) by striking ‘‘pilot’’ each place it appears

9 and inserting ‘‘visa waiver’’;

10 (4) in subsection (a)(1) by striking ‘‘during the

11 pilot program period (as defined in subsection (e)),’’;

12 (5) in subsection (c)(3) by striking ‘‘(within the

13 pilot program period) after the initial period’’;

14 (6) in subsection (c) by striking paragraph (4);

15 (7) in subsection (e)(1)(A) by striking

16 ‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’; and

17 (8) by striking subsection (f).

18 (b) ELIMINATION OF REQUIREMENT FOR EXECU19 TION OF IMMIGRATION FORMS.—Section 217 is further

20 amended—

21 (1) in subsection (a) by striking paragraph (3);

22 (2) in subsection (a) by redesignating para23 graphs (4) through (7) as paragraphs (3) through

24 (6); and

25 (3) in subsection (e)(1) by striking ‘‘subsection

26 (a)(4)’’ and inserting ‘‘subsection (a)(3)’’.
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1 (c) EXCLUSION AND DEPORTATION OF APPLICANTS

2 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—Sec3 tion 217(b) (8 U.S.C. 1187(b)) is amended to read as

4 follows:

5 ‘‘(b) EXCLUSION AND DEPORTATION OF APPLICANTS

6 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—

7 ‘‘(1) EXCLUSION.—

8 ‘‘(A) An immigration officer’s determina9 tion that an applicant for admission under this

10 section is not clearly and beyond a doubt enti11 tled to land shall constitute a final order of ex12 clusion and deportation, enforceable pursuant

13 to section 237. Pending such a determination,

14 the Attorney General may maintain such appli15 cant in custody.

16 ‘‘(B) The procedure described in section

17 236 shall not apply to an order issued under

18 this paragraph.

19 ‘‘(2) DEPORTATION.—

20 ‘‘(A) Notwithstanding any other provision

21 of law, an alien admitted to the United States

22 under this section who is determined, pursuant

23 to such regulations as the Attorney General

24 shall prescribe, to be subject to deportation

25 shall be deported pursuant to section 243. An
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1 immigration officer’s determination under this

2 subsection shall constitute a final order of de3 portation. Pending such determination, the At4 torney General may maintain such alien in

5 custody.

6 ‘‘(B) The procedure described in section

7 242 shall not apply to an order issued under

8 this paragraph.

9 ‘‘(3) REVIEW.—Notwithstanding any other pro10 vision of law or the failure of a carrier to provide the

11 notice described in subsection (e)(1)(D), an alien

12 who applies for admission to the United States

13 under this section shall not be entitled—

14 ‘‘(A) to review or appeal under this Act of

15 an immigration officer’s determination as to the

16 admissibility of the alien at the port of entry

17 into the United States, or

18 ‘‘(B) subject to paragraph (4), to contest

19 an immigration officer’s determination under

20 paragraph (2).

21 ‘‘(4) ASYLUM.—The Attorney General shall es22 tablish a procedure for an alien who is applying for

23 admission under this section or who has been admit24 ted under this section to apply for provisional asy25 lum under section 208.
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1 ‘‘(5) TREATMENT OF NATIONALS OF VISA WAIV2 ER COUNTRIES.—An alien who—

3 ‘‘(A) is a national of a visa waiver program

4 country or claims to be a national of a visa

5 waiver country, and

6 ‘‘(B) is not in possession of a valid visa,

7 shall be considered to be an applicant for ad8 mission under this section.’’.

9 (d) CARRIER AGREEMENTS.—Section 217(e)(1) (8

10 U.S.C. 1187(e)(1)) is amended—

11 (1) in subparagraph (B) by striking ‘‘and’’;

12 (2) in subparagraph (C) by striking the period

13 at the end and inserting ‘‘; and’’; and

14 (3) by inserting after subparagraph (C) the fol15 lowing new subparagraph:

16 ‘‘(D) to provide passengers applying for

17 admission to the United States under this sec18 tion with written notification that they are not

19 entitled (i) to any appeal or review of an immi20 gration officer’s determination of admissibility,

21 or (ii) to contest any action for deportation.’’.

22 (e) CLERICAL AMENDMENT.—The item in the table

23 of contents relating to section 217 is amended to read as

24 follows:

‘‘Sec. 217. Visa waiver program for certain visitors.’’.
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1 SEC. 304. TRAINING OF AIRLINE PERSONNEL IN DETEC2 TION OF FRAUDULENT DOCUMENTS.

3 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

4 1356(h)(2)(A)) is amended—

5 (1) in clause (iv), by inserting ‘‘, including

6 training of, and technical assistance to, commercial

7 airline personnel on such detection’’ after ‘‘United

8 States’’, and

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

10 ‘‘The Attorney General shall provide for expenditures for

11 training and assistance described in clause (iv) in an

12 amount, for any fiscal year, not less than 5 percent of

13 the total of the expenses incurred that are described in

14 the previous sentence.’’.

15 (b) COMPLIANCE WITH DETECTION REGULA16 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

17 adding at the end the following: ‘‘Whenever the Attorney

18 General finds that a commercial airline has failed to com19 ply with regulations of the Attorney General relating to

20 requirements of airlines for the detection of fraudulent

21 documents used by passengers traveling to the United

22 States (including the training of personnel in such detec23 tion), the Attorney General may suspend the entry of some

24 or all aliens transported to the United States by such air25 line.’’.

26 (c) EFFECTIVE DATES.—
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1 (1) The amendments made by subsection (a)

2 shall apply to expenses incurred during or after fis3 cal year 1994.

4 (2) The Attorney General shall first issue, in

5 proposed form, regulations referred to in the second

6 sentence of section 212(f) of the Immigration and

7 Nationality Act, as added by the amendment made

8 by subsection (b), by not later than 90 days after

9 the date of the enactment of this Act.

10 SEC. 305. FINES FOR UNLAWFUL BRINGING OF ALIENS

11 INTO THE UNITED STATES.

12 (a) IN GENERAL.—Section 273 of the Immigration

13 and Nationality Act (8 U.S.C. 1323) is amended—

14 (1) in subsections (b) and (d) by striking ‘‘the

15 sum of $3000’’ and inserting ‘‘a fine of $3000’’ each

16 place it appears;

17 (2) in the first sentence of subsection (b) by

18 striking ‘‘a sum equal’’ and inserting ‘‘an amount

19 equal’’;

20 (3) in the second sentence of subsection (d) by

21 striking ‘‘a sum sufficient to cover such fine’’ and

22 inserting ‘‘an amount sufficient to cover such fine’’;

23 (4) by striking ‘‘sum’’ and ‘‘sums’’ each place

24 either appears and inserting ‘‘fine’’;
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1 (5) in subsection (c) by striking ‘‘Such’’ and in2 serting ‘‘Except as provided in subsection (e), such’’;

3 and

4 (6) by adding at the end the following new sub5 section:

6 ‘‘(e) A fine under this section may be reduced, re7 funded, or waived under such regulations as the Attorney

8 General shall prescribe in cases in which—

9 ‘‘(1) the carrier demonstrates that it had

10 screened all passengers on the vessel or aircraft in

11 accordance with procedures prescribes by the Attor12 ney General, or

13 ‘‘(2) circumstances exist that the Attorney Gen14 eral determines would justify such reduction, refund,

15 or waiver.’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 this subsection shall apply with respect to aliens brought

18 to the United States more than 60 days after the date

19 of enactment of this Act.
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1 TITLE IV—AUTHORIZATION OF APPROPRIA2 TIONS FOR THE IMMIGRATION AND NATU3 RALIZATION SERVICE

4 SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR I.N.S.

5 FOR FISCAL YEARS 1994 AND 1995.

6 (a) IN GENERAL.—There are authorized to be appro7 priated for the Immigration and Naturalization Service—

8 (1) for fiscal year 1994, $1,082,038,100, of

9 which $413,224,900 are authorized to be appro10 priated for the operation of the Border Patrol and

11 $27,434,000 are authorized to be appropriated for

12 anti-smuggling activities; and

13 (2) for fiscal year 1995, $1,154,885,900, of

14 which $454,547,000 are authorized to be appro15 priated for the operation of the Border Patrol and

16 $31,277,400 are authorized to be appropriated for

17 anti-smuggling activities.

18 Of the amounts authorized to be appropriated under this

19 subsection, such sums as may be necessary are authorized

20 to be available to provide by April 1, 1994, for not less

21 than a 100 percent increase in the number of asylum offi22 cers over the level on September 30, 1993, with appro23 priate additional support staff.

24 (b) ACTIVITIES INCLUDED.—The amounts provided

25 pursuant to subsection (a) for a fiscal year include—
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1 (1) funds for the purchase for police-type use of

2 passenger motor vehicles, without regard to the gen3 eral purchase price limit for the fiscal year involved,

4 and for the hire of passenger motor vehicles;

5 (2) funds for the acquisition, lease, mainte6 nance, and operation of aircraft;

7 (3) funds for the purchase of uniforms without

8 regard to the general purchase price limitation for

9 the fiscal year involved;

10 (4) not to exceed $50,000 to meet unforeseen

11 emergencies of a confidential character to be ex12 pended under the direction of the Attorney General

13 and to be accounted for solely on the certificate of

14 the Attorney General; and

15 (5) not to exceed $500,000 of those sums ap16 propriated for research and $17,188,000 of those

17 funds appropriated for construction, which amounts

18 shall remain available until expended.

19 (c) LIMITATION ON OVERTIME.—None of the funds

20 available to the Immigration and Naturalization Service

21 under this section shall be available for administrative ex22 penses to pay any employee overtime pay in an amount

23 in excess of $25,000 for a fiscal year involved.

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