II

104TH CONGRESS

1ST SESSION S. 580

To amend the Immigration and Nationality Act to control illegal immigration

to the United States, reduce incentives for illegal immigration, reform

asylum procedures, strengthen criminal penalties for the smuggling of

aliens, and reform other procedures.

IN THE SENATE OF THE UNITED STATES

MARCH 21 (legislative day, MARCH 16), 1995

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to control

illegal immigration to the United States, reduce incentives for illegal immigration, reform asylum procedures,

strengthen criminal penalties for the smuggling of aliens,

and reform other procedures.

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 ‘‘Illegal Immigration

5 Control and Enforcement Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:
2

•S 580 IS

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT

PART A—INCREASED BORDER PATROL, SUPPORT, TRAINING, AND

RESOURCES

Sec. 111. Border Patrol expansion and deployment.

Sec. 112. Hiring preference for bilingual Border Patrol agents.

Sec. 113. Improved Border Patrol training.

Sec. 114. Border equipment and infrastructure improvement authority.

PART B—EXPANDED BORDER INSPECTION PERSONNEL, SUPPORT, AND

FACILITIES

Sec. 121. Additional land border inspectors.

PART C—DETENTION AND DEPORTATION

Sec. 131. Bar to collateral attacks on deportation orders in unlawful reentry

prosecutions.

Sec. 132. Form of deportation hearings.

Sec. 133. Deportation as a condition of probation.

PART D—ENHANCED CRIMINAL ALIEN DEPORTATION AND TRANSFER

Sec. 141. Expansion in definition of ‘‘aggravated felony’’.

Sec. 142. Restricting defenses to deportation for certain criminal aliens.

Sec. 143. Denial of discretionary relief to aliens convicted of aggravated felonies.

Sec. 144. Judicial deportation.

Sec. 145. Negotiations for international agreements.

Sec. 146. Annual report.

Sec. 147. Admissibility of videotaped witness testimony.

TITLE II—ILLEGAL IMMIGRATION INCENTIVE REDUCTION

PART A—PUBLIC BENEFITS CONTROL

Sec. 211. Authority to States and localities to limit assistance to aliens and to

distinguish among classes of aliens in providing general public

assistance.

Sec. 212. Increased maximum criminal penalties for forging or counterfeiting

seal of a Federal department or agency to facilitate benefit

fraud by an unlawful alien.

Sec. 213. Sponsorship enhancement.

Sec. 214. State option under the medicaid program to place anti-fraud investigators in hospitals.

Sec. 215. Ports-of-entry benefits task force demonstration projects.

PART B—EMPLOYER SANCTIONS SUPPORT

Sec. 221. Additional Immigration and Naturalization Service investigators.

Sec. 222. Enhanced penalties for unlawful employment of aliens.

Sec. 223. Earned income tax credit denied to individuals not authorized to be

employed in the United States.
3

•S 580 IS

Sec. 224. Enhanced minimum criminal penalties for extortion of aliens engaged

in unlawful or unvoluntary holding employment.

Sec. 225. Work authorization verification.

PART C—ENHANCED WAGE AND HOUR LAWS

Sec. 231. Increased personnel levels for the Labor Department.

Sec. 232. Increased number of Assistant United States Attorneys.

TITLE III—ENHANCED SMUGGLING CONTROL AND PENALTIES

Sec. 301. Minimum criminal penalties for alien smuggling.

Sec. 302. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 303. Wiretap authority for alien smuggling investigations.

Sec. 304. Limitation on section 212(c) authority.

Sec. 305. Effective date.

TITLE IV—ADMISSIONS AND DOCUMENT FRAUD CONTROL

Sec. 401. Minimum criminal penalties for document fraud.

TITLE V—BORDER CROSSING USER FEE

Sec. 501. Immigration Law Enforcement Fund.

1 TITLE I—ILLEGAL IMMIGRATION

2 CONTROL AND ENFORCEMENT

3 PART A—INCREASED BORDER PATROL,

4 SUPPORT, TRAINING, AND RESOURCES

5 SEC. 111. BORDER PATROL EXPANSION AND DEPLOYMENT.

6 (a) INCREASED NUMBER OF BORDER PATROL POSI7 TIONS.—Subject to subsection (b), in each of the fiscal

8 years 1996, 1997, and 1998, the Attorney General—

9 (1) shall increase by no fewer than 700 the

10 number of positions for full-time, active-duty Border

11 Patrol agents within the Immigration and Natu12 ralization Service above the number of such posi13 tions for which funds were allotted for the preceding

14 fiscal year; and
4

•S 580 IS

1 (2) may increase by not more than 300 the

2 number of positions for personnel in support of Bor3 der Patrol agents above the number of such posi4 tions for which funds were allotted for the preceding

5 fiscal year.

6 (b) DEPLOYMENT OF PERSONNEL.—The Attorney

7 General shall, to the maximum extent practicable, ensure

8 that the personnel hired pursuant to subsection (a) shall

9 be deployed among the various Immigration and Natu10 ralization Service sectors in proportion to the level of ille11 gal intrusion measured in each sector during the preceding

12 fiscal year and reasonably anticipated in the next fiscal

13 year, and shall be actively engaged in (or in support of)

14 law enforcement activities related to the illegal crossing

15 of the borders of the United States.

16 SEC. 112. HIRING PREFERENCE FOR BILINGUAL BORDER

17 PATROL AGENTS.

18 The Attorney General shall, in hiring the Border Pa19 trol Agents specified in section 111(a), give priority to the

20 employment of multilingual candidates who are proficient

21 in both English and such other language or languages as

22 may be spoken in the region in which such Agents are

23 likely to be deployed.
5

•S 580 IS

1 SEC. 113. IMPROVED BORDER PATROL TRAINING.

2 Section 103 of the Immigration and Nationality Act

3 (8 U.S.C. 1103) is amended by adding at the end the fol4 lowing new subsection:

5 ‘‘(e)(1) The Attorney General shall ensure that all

6 Border Patrol personnel, and any other personnel of the

7 Service who are likely to have contact with undocumented

8 or improperly documented persons, or other immigrants,

9 in the course of their official duties, receive in-service

10 training adequate to ensure that all such personnel respect

11 the rights, personal safety, and dignity of such persons

12 at all times.

13 ‘‘(2) The Attorney General shall ensure that the an14 nual report to Congress of the Service—

15 ‘‘(A) describes in detail actions taken by the At16 torney General to meet the requirement set forth in

17 paragraph (1);

18 ‘‘(B) incorporates specific findings by the Attor19 ney General with respect to the nature and scope of

20 any verified incident of conduct by Border Patrol

21 personnel that—

22 ‘‘(i) was not consistent with paragraph (1);

23 and

24 ‘‘(ii) was not described in a previous an25 nual report; and
6

•S 580 IS

1 ‘‘(C) sets forth specific recommendations for

2 preventing any similar incident in the future.’’.

3 SEC. 114. BORDER EQUIPMENT AND INFRASTRUCTURE IM4 PROVEMENT AUTHORITY.

5 (a) IMPROVED EQUIPMENT AND TECHNOLOGY.—In

6 order to facilitate or improve the detection, interdiction,

7 and reduction by the Immigration and Naturalization

8 Service of illegal immigration into the United States, the

9 Attorney General is authorized to acquire and utilize any

10 Federal equipment (including, but not limited to, fixed

11 wing aircraft, helicopters, four-wheel drive vehicles, se12 dans, night vision goggles, night vision scopes, and sensor

13 units) determined available for transfer to the Department

14 of Justice by any other agency of the Federal Government

15 upon request of the Attorney General.

16 (b) IMPROVED INFRASTRUCTURE.—(1) The Attorney

17 General may, from time to time, in consultation with the

18 Secretary of the Treasury, identify those physical improve19 ments to the infrastructure of the international land bor20 ders of the United States necessary to expedite the inspec21 tion of persons and vehicles attempting to lawfully enter

22 the United States in accordance with existing policies and

23 procedures of the Immigration and Naturalization Service,

24 the United States Customs Service, and the Drug En25 forcement Agency.
7

•S 580 IS

1 (2) Such improvements to the infrastructure of the

2 land border of the United States shall be substantially

3 completed and fully funded in those portions of the United

4 States where the Attorney General, in consultation with

5 the Committees on the Judiciary of the House of Rep6 resentatives and the Senate, objectively determines the

7 need to be greatest or most immediate before the Attorney

8 General may obligate funds for construction of any im9 provement otherwise located.

10 PART B—EXPANDED BORDER INSPECTION

11 PERSONNEL, SUPPORT, AND FACILITIES

12 SEC. 121. ADDITIONAL LAND BORDER INSPECTORS.

13 (a) INCREASED PERSONNEL.—In order to eliminate

14 undue delay in the thorough inspection of persons and ve15 hicles lawfully attempting to enter the United States, the

16 Attorney General and Secretary of the Treasury shall in17 crease, by approximately equal numbers in each of the fis18 cal years 1996 and 1997, the number of full-time land

19 border inspectors assigned to active duty by the Immigra20 tion and Naturalization Service and the United States

21 Customs Service to a level adequate to assure full staffing

22 during peak crossing hours of all border crossing lanes

23 now in use, under construction, or whose construction has

24 been authorized by Congress.
8

•S 580 IS

1 (b) DEPLOYMENT OF PERSONNEL.—The Attorney

2 General and the Secretary of the Treasury shall, to the

3 maximum extent practicable, ensure that the personnel

4 hired pursuant to subsection (a) shall be deployed among

5 the various Immigration and Naturalization Service sec6 tors in proportion to the number of land border crossings

7 measured in each such sector during the preceding fiscal

8 year.

9 PART C—DETENTION AND DEPORTATION

10 SEC. 131. BAR TO COLLATERAL ATTACKS ON DEPORTATION

11 ORDERS IN UNLAWFUL REENTRY PROSECU12 TIONS.

13 Section 276 of the Immigration and Nationality Act

14 (8 U.S.C. 1326) is amended by adding at the end the fol15 lowing new subsection:

16 ‘‘(c) In any criminal proceeding under this section,

17 an alien may not challenge the validity of the deportation

18 order described in subsection (a)(1) or subsection (b) un19 less the alien demonstrates that—

20 ‘‘(1) the alien has exhausted any administrative

21 remedies that may have been available to seek relief

22 against such order;

23 ‘‘(2) the deportation proceedings at which the

24 order was issued improperly deprived the alien of the

25 opportunity for judicial review; and
9

•S 580 IS

1 ‘‘(3) the entry of the order was fundamentally

2 unfair.’’.

3 SEC. 132. FORM OF DEPORTATION HEARINGS.

4 The second sentence of section 242(b) of the Immi5 gration and Nationality Act (8 U.S.C. 1252(b)) is amend6 ed by inserting before the period the following: ‘‘, except

7 that nothing in this sentence precludes the Attorney Gen8 eral from authorizing proceedings by electronic or tele9 phonic media (with the consent of the alien) or, where

10 waived or agreed to by the parties, in the absence of the

11 alien’’.

12 SEC. 133. DEPORTATION AS A CONDITION OF PROBATION.

13 Section 3563(b) of title 18, United States Code, is

14 amended—

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

16 (21);

17 (2) by striking the period at the end of para18 graph (22) and inserting ‘‘; or’’; and

19 (3) by adding at the end the following:

20 ‘‘(23) be ordered deported by a United States

21 District Court, or United States Magistrate Court,

22 pursuant to a stipulation entered into by the defend23 ant and the United States under section 143 of this

24 Act, except that, in the absence of a stipulation, the

25 United States District Court or the United States
10

•S 580 IS

1 Magistrate Court, may order deportation as a condi2 tion of probation, if, after notice and hearing pursu3 ant to section 242A(c) of the Immigration and Na4 tionality Act, the Attorney General demonstrates by

5 clear and convincing evidence that the alien is de6 portable.’’.

7 PART D—ENHANCED CRIMINAL ALIEN

8 DEPORTATION AND TRANSFER

9 SEC. 141. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

10 FELONY’’.

11 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

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

13 1101(a)(43)) is amended as follows:

14 (1) in paragraph (D), strike ‘‘$100,000’’ and

15 insert ‘‘$10,000’’; and

16 (2) in paragraphs (F), (G), and (O) strike ‘‘the

17 term of imprisonment imposed is at least 5 years’’

18 and all parenthetical text appearing within that

19 phrase, and insert ‘‘punishable by imprisonment for

20 3 years or more’’;

21 (3) in paragraph (J)—

22 (A) strike ‘‘for which a sentence of 5

23 years’ imprisonment or more may be imposed’’

24 and insert ‘‘punishable by imprisonment for 3

25 years or more’’; and
11

•S 580 IS

1 (B) strike ‘‘offense described’’ and insert

2 ‘‘offense described in sections 1084 of title 18

3 (if it is a second or subsequent offense), section

4 1955 of such title (relating to gambling of5 fenses), and’’;

6 (4) in paragraph (K)—

7 (A) strike ‘‘or’’ after the semicolon in sub8 paragraph (i);

9 (B) insert ‘‘or’’ after the semicolon in sub10 paragraph (ii); and

11 (C) insert, as new subparagraph (iii), ‘‘is

12 described in sections 2421, 2422 or 2423 of

13 title 18, United States Code (relating to trans14 portation for the purpose of prostitution) for

15 commercial advantage.’’;

16 (5) in paragraph (L), insert as new subpara17 graph (iii): ‘‘section 601 of the National Security

18 Act of 1947, title 50, United States Code (relating

19 to protecting the identity of undercover agents);

20 (6) in paragraph (M) strike ‘‘$200,000’’ and in21 sert ‘‘$10,000’’.

22 (7) redesignate paragraphs (P) and (Q) as

23 paragraphs (R) and (S), respectively, and add—

24 (A) as new paragraph (P) the following:

25 ‘‘any offense relating to commercial bribery,
12

•S 580 IS

1 counterfeiting, forgery or trafficking in vehicles

2 whose identification numbers have been altered,

3 which is punishable by imprisonment for 3

4 years or more’’; and

5 (B) as new paragraph (Q) the following:

6 ‘‘any offense relating to perjury or subornation

7 of perjury which is punishable by imprisonment

8 for 3 years or more;’’ and

9 (8) in redesignated paragraph (R), strike ‘‘15’’

10 and insert ‘‘5’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 this section applies to convictions entered before, on, or

13 after the date of enactment of this Act.

14 SEC. 142. RESTRICTING DEFENSES TO DEPORTATION FOR

15 CERTAIN CRIMINAL ALIENS.

16 Section 243(h)(2) of the Immigration and Nationality

17 Act (8 U.S.C. 1253(h)(2)) is amended—

18 (1) by striking ‘‘or’’ at the end of subparagraph

19 (C);

20 (2) by striking the period at the end of sub21 paragraph (D) and inserting ‘‘; or’’; and

22 (3) by adding at the end the following new sub23 paragraph:

24 ‘‘(E) the alien has been convicted of an ag25 gravated felony.’’.
13

•S 580 IS

1 SEC. 143. DENIAL OF DISCRETIONARY RELIEF TO ALIENS

2 CONVICTED OF AGGRAVATED FELONIES.

3 (a) INELIGIBILITY FOR SUSPENSION OF DEPORTA4 TION.—Section 244 of the Immigration and Nationality

5 Act (8 U.S.C. 1254) is amended by adding at the end the

6 following new subsection:

7 ‘‘(g) Suspension of deportation and adjustment of

8 status under subsection (a)(2) shall not be available to any

9 alien who has been convicted of an aggravated felony.’’.

10 (b) APPLICATION OF EXCLUSION FOR DRUG OF11 FENSES.—Section 212(h) of the Immigration and Nation12 ality Act (8 U.S.C. 1182(h)) is amended in the second

13 sentence by inserting ‘‘or any other aggravated felony’’

14 after ‘‘torture’’.

15 (c) ADJUSTMENT OF STATUS; CHANGE OF NON16 IMMIGRANT CLASSIFICATION.—(1) Section 245(c) of the

17 Immigration and Nationality Act (8 U.S.C. 1255(c)) is

18 amended—

19 (A) by striking ‘‘or’’ after ‘‘section

20 212(d)(4)(C)’’; and

21 (B) by inserting ‘‘; or (5) an alien who has been

22 convicted of an aggravated felony’’ immediately after

23 ‘‘section 217’’.

24 (2) Section 248 of such Act (8 U.S.C. 1258) is

25 amended—
14

•S 580 IS

1 (A) by striking ‘‘and’’ at the end of paragraph

2 (3);

3 (B) by striking the period at the end of para4 graph (4) and inserting ‘‘; and’’; and

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

6 paragraph:

7 ‘‘(5) an alien convicted of an aggravated fel8 ony.’’.

9 SEC. 144. JUDICIAL DEPORTATION.

10 Section 242A of the Immigration and Nationality Act

11 (8 U.S.C. 1252a(d)) is amended—

12 (1) by striking paragraph (1) and inserting the

13 following:

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

15 provision of this Act, a United States district court

16 shall have jurisdiction to enter a judicial order of de17 portation at the time of sentencing against an

18 alien—

19 ‘‘(A) whose criminal conviction causes such

20 alien to be conclusively presumed to be deport21 able under section 241(a)(2)(A)(iii) (relating to

22 conviction of an aggravated felony);

23 ‘‘(B) who has at any time been convicted

24 of a violation of section 276 (a) or (b) of the

25 Immigration and Nationality Act;
15

•S 580 IS

1 ‘‘(C) who has at any time been convicted

2 of a violation of section 275 of the Immigration

3 and Nationality Act; or

4 ‘‘(D) who is otherwise deportable pursuant

5 to sections 241(a)(1)(A) through 241(a)(5), in6 clusive, of the Immigration and Nationality Act

7 (8 U.S.C. 1251).

8 A United States Magistrate shall have jurisdiction to

9 enter a judicial order of deportation at the time of

10 sentencing where the alien has been convicted of a

11 misdemeanor offense and the alien is deportable

12 under this Act.’’; and

13 (2) by adding at the end the following new

14 paragraph:

15 ‘‘(5) STIPULATED JUDICIAL ORDER OF DEPOR16 TATION.—The United States Attorney, with the con17 currence of the Commissioner, may, pursuant to

18 Federal Rule of Criminal Procedure 11, enter into

19 a plea agreement which calls for the alien, who is de20 portable under this Act, to waive the right to notice

21 and a hearing under this section, and stipulate to

22 the entry of a judicial order of deportation from the

23 United States as a condition of the plea agreement

24 or as a condition of probation or supervised release,

25 or both. The United States District Court, in both
16

•S 580 IS

1 felony and misdemeanor cases, and the United

2 States Magistrate Court in misdemeanors cases, may

3 accept such a stipulation and shall have jurisdiction

4 to enter a judicial order of deportation pursuant to

5 the terms of such stipulation.’’.

6 SEC. 145. NEGOTIATIONS FOR INTERNATIONAL AGREE7 MENTS.

8 (a) NEGOTIATIONS WITH OTHER COUNTRIES.—The

9 Secretary of State, together with the Attorney General,

10 may enter into an agreement with any foreign country pro11 viding for the incarceration in that country of any individ12 ual who—

13 (1) is a national of that country; and

14 (2) is an alien who—

15 (A) is not in lawful immigration status in

16 the United States, or

17 (B) on the basis of conviction of a criminal

18 offense under Federal or State law, or on any

19 other basis, is subject to deportation under the

20 Immigration and Nationality Act,

21 for the duration of the prison term to which the individual

22 was sentenced for the offense referred to in subparagraph

23 (B). Any such agreement may provide for the release of

24 such individual pursuant to parole procedures of that

25 country.
17

•S 580 IS

1 (b) PRIORITY.—In carrying out subsection (a), the

2 Secretary of State should give priority to concluding an

3 agreement with any country for which the President deter4 mines that the number of individuals described in sub5 section (a) who are nationals of that country in the United

6 States represents a significant percentage of all such indi7 viduals in the United States.

8 (c) It is the sense of the Congress that, effective on

9 the date of enactment of this Act, no new treaty providing

10 for the transfer of aliens from Federal or State incarcer11 ation facilities to a foreign incarceration facility should

12 permit the prisoner to refuse the transfer.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated such sums as may be

15 necessary to carry out this section.

16 SEC. 146. ANNUAL REPORT.

17 Not later than 12 months after the date of enactment

18 of this Act, and annually thereafter, the Attorney General

19 shall submit to the Committees on the Judiciary of the

20 House of Representatives and of the Senate a report de21 tailing—

22 (1) the number of illegal aliens incarcerated in

23 Federal and State prisons for having committed felo24 nies;
18

•S 580 IS

1 (2) programs and plans underway in the De2 partment of Justice to ensure the prompt removal

3 from the United States of criminal aliens subject to

4 exclusion or deportation; and

5 (3) methods for identifying and preventing the

6 unlawful reentry of aliens who have been convicted

7 of criminal offenses in the United States and re8 moved from the United States.

9 SEC. 147. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI10 MONY.

11 Section 274 of the Immigration and Nationality Act

12 (8 U.S.C. 1324) is amended by adding at the end thereof

13 the following:

14 ‘‘(d) Notwithstanding the provisions of the Federal

15 Rules of Evidence, the videotaped (or otherwise audio16 visually preserved) deposition of a witness to a violation

17 of subsection (a) who has been deported or otherwise ex18 pelled from the United States or is otherwise unable to

19 testify may be admitted into evidence in an action brought

20 for that violation if the witness was available for cross ex21 amination and the deposition otherwise complies with the

22 Federal Rules of Evidence.’’.
19

•S 580 IS

1 TITLE II—ILLEGAL IMMIGRA2 TION INCENTIVE REDUCTION

3 PART A—PUBLIC BENEFITS CONTROL

4 SEC. 211. AUTHORITY TO STATES AND LOCALITIES TO

5 LIMIT ASSISTANCE TO ALIENS AND TO DIS6 TINGUISH AMONG CLASSES OF ALIENS IN

7 PROVIDING GENERAL PUBLIC ASSISTANCE.

8 (a) IN GENERAL.—Subject to subsection (b) and not9 withstanding any other provision of law, a State or local

10 government may prohibit or otherwise limit or restrict the

11 eligibility of aliens or classes of aliens for programs of gen12 eral cash public assistance furnished under the law of the

13 State or a political subdivision of a State.

14 (b) LIMITATION.—The authority under subsection (a)

15 may be exercised only to the extent that any prohibitions,

16 limitations, or restrictions are not inconsistent with the

17 eligibility requirements for comparable Federal programs

18 or are less restrictive. For the purposes of this section,

19 attribution to an alien of a sponsor’s income and resources

20 for purposes of determining the eligibility for and amount

21 of benefits of an alien shall be considered less restrictive

22 than a prohibition of eligibility.
20

•S 580 IS

1 SEC. 212. INCREASED MAXIMUM CRIMINAL PENALTIES FOR

2 FORGING OR COUNTERFEITING SEAL OF A

3 FEDERAL DEPARTMENT OR AGENCY TO FA4 CILITATE BENEFIT FRAUD BY AN UNLAWFUL

5 ALIEN.

6 Section 506 of title 18, United States Code, is

7 amended to read as follows:

8 ‘‘§ 506. Seals of departments or agencies

9 ‘‘(a) Whoever—

10 ‘‘(1) falsely makes, forges, counterfeits, muti11 lates, or alters the seal of any department or agency

12 of the United States, or any facsimile thereof;

13 ‘‘(2) knowingly uses, affixes, or impresses any

14 such fraudulently made, forged, counterfeited, muti15 lated, or altered seal or facsimile thereof to or upon

16 any certificate, instrument, commission, document,

17 or paper of any description; or

18 ‘‘(3) with fraudulent intent, possesses, sells, of19 fers for sale, furnishes, offers to furnish, gives away,

20 offers to give away, transports, offers to transport,

21 imports, or offers to import any such seal or fac22 simile thereof, knowing the same to have been so

23 falsely made, forged, counterfeited, mutilated, or al24 tered,

25 shall be fined under this title, or imprisoned not more than

26 5 years, or both.
21

•S 580 IS

1 ‘‘(b) Notwithstanding subsection (a) or any other

2 provision of law, if a forged, counterfeited, mutilated, or

3 altered seal of a department or agency of the United

4 States, or any facsimile thereof, is—

5 ‘‘(1) so forged, counterfeited, mutilated, or al6 tered;

7 ‘‘(2) used, affixed, or impressed to or upon any

8 certificate, instrument, commission, document, or

9 paper of any description; or

10 ‘‘(3) with fraudulent intent, possessed, sold, of11 fered for sale, furnished, offered to furnish, given

12 away, offered to give away, transported, offered to

13 transport, imported, or offered to import,

14 with the intent or effect of facilitating an unlawful alien’s

15 application for, or receipt of, a Federal benefit, the pen16 alties which may be imposed for each offense under sub17 section (a) shall be two times the maximum fine, and 3

18 times the maximum term of imprisonment, or both, that

19 would otherwise be imposed for an offense under sub20 section (a).

21 ‘‘(c) For purposes of this section—

22 ‘‘(1) the term ‘Federal benefit’ has the meaning

23 given such term under section 293(c)(1);

24 ‘‘(2) the term ‘unlawful alien’ has the meaning

25 given such term under section 293(c)(2); and
22

•S 580 IS

1 ‘‘(3) each instance of forgery, counterfeiting,

2 mutilation, or alteration shall constitute a separate

3 offense under this section.’’.

4 SEC. 213. SPONSORSHIP ENHANCEMENT.

5 (a) IN GENERAL.—An alien who—

6 (1) is excludable under section 212(a)(4) of the

7 Immigration and Nationality Act (8 U.S.C.

8 1182(a)(4));

9 (2) has not given a suitable bond (as described

10 in section 213 of the Immigration and Nationality

11 Act (8 U.S.C. 1183)); and

12 (3) is otherwise admissible into the United

13 States;

14 may only be admitted into the United States when spon15 sored by an individual (referred to in this section as the

16 alien’s ‘‘sponsor’’) who enters into a legally binding con17 tract with the United States that guarantees financial re18 sponsibility for the alien until such alien becomes a United

19 States citizen.

20 (b) CONTRACT ENHANCEMENT.—

21 (1) IN GENERAL.—A contract described in sub22 section (a) shall provide—

23 (A) that the sponsor shall be liable for any

24 costs incurred by any Federal, State, or politi-
23

•S 580 IS

1 cal subdivision of a State for general public

2 cash assistance provided to such alien;

3 (B) that the sponsor shall—

4 (i) within 20 days of the alien’s ad5 mission into the United States, purchase a

6 policy of private health insurance (which

7 meets the minimum guidelines established

8 under paragraph (2)) on behalf of such

9 alien and provide the Immigration and

10 Naturalization Service with proof of such

11 purchase; and

12 (ii) make any necessary premium pay13 ments for such policy on behalf of such

14 alien for the duration of the sponsor’s re15 sponsibility under the contract; and

16 (C) that the sponsor’s responsibility under

17 the contract will continue until the date on

18 which the alien becomes a citizen of the United

19 States.

20 (2) GUIDELINES FOR HEALTH INSURANCE

21 POLICIES.—Not later than 60 days after the date of

22 the enactment of this Act, the Secretary of Health

23 and Human Services, after notice and opportunity

24 for public comment, shall establish minimum guide-
24

•S 580 IS

1 lines with respect to private policies of health insur2 ance required under paragraph (1)(B)(i) that—

3 (A) specify the coverage and type of the in4 surance required; and

5 (B) provide that the Attorney General

6 shall be given notice if the policy lapses or the

7 scope of the coverage changes prior to the end

8 of the sponsor’s responsibility under the con9 tract.

10 (c) ENFORCEMENT.—

11 (1) IN GENERAL.—If general public cash assist12 ance or medical assistance under a State plan for

13 medical assistance approved under section 1902 of

14 the Social Security Act (42 U.S.C. 1396a) is pro15 vided to a sponsored alien, the Attorney General, a

16 State, or a political subdivision of a State may bring

17 a civil suit against the sponsor in the United States

18 district court for the district in which the sponsor

19 resides for the recovery of any costs incurred by any

20 Federal, State, or political subdivision of a State in

21 providing such cash benefits or medical assistance

22 provided to such alien.

23 (2) DEPORTATION.—The failure of a sponsor to

24 comply with the terms of the contract described in

25 subsection (b)(1)(B) may, subject to the contract, be
25

•S 580 IS

1 grounds for deportation of the sponsored alien in ac2 cordance with the provisions of the Immigration and

3 Naturalization Act and the deportation procedures

4 applicable under such Act.

5 (d) EXCEPTIONS TO LIABILITY.—A sponsor or a

6 sponsor’s estate shall not be liable under a contract de7 scribed in subsection (a) if the sponsor—

8 (1) dies;

9 (2) if the sponsor’s family becomes impover10 ished as determined by the official poverty line (as

11 defined by the Office of Management and Budget

12 and revised annually in accordance with section

13 673(2) of the Omnibus Budget Reconciliation Act of

14 1981 applicable to the family of the size involved)

15 due to unforeseeable circumstances; or

16 (3) is a debtor under title 11, United States

17 Code, as such term is defined in section 101 of such

18 title.

19 (e) PUBLIC CHARGE TEST.—The Attorney General

20 shall record the use of sponsorship by immigrant appli21 cants to meet the public charge test for admission to the

22 United States set forth in section 212(a)(4) of the Immi23 gration and Naturalization Act (8 U.S.C. 1182(a)(4)).

24 (f) EFFECTIVE DATE.—This section shall apply with

25 respect to initial sponsorship-based applications for legal
26

•S 580 IS

1 admission into the United States received on or after the

2 date that is 90 days after the date of the enactment of

3 this Act.

4 SEC. 214. STATE OPTION UNDER THE MEDICAID PROGRAM

5 TO PLACE ANTI-FRAUD INVESTIGATORS IN

6 HOSPITALS.

7 (a) IN GENERAL.—Section 1902(a) of the Social Se8 curity Act (42 U.S.C. 1396a(a)) is amended—

9 (1) by striking ‘‘and’’ at the end of paragraph

10 (61);

11 (2) by striking the period at the end of para12 graph (62) and inserting ‘‘and’’; and

13 (3) by adding after paragraph (62) the follow14 ing new paragraph:

15 ‘‘(63) in the case of a State that is certified by

16 the Attorney General as a high illegal immigration

17 State (as determined by the Attorney General), at

18 the option of the State, establish and operate a pro19 gram for the placement of anti-fraud investigators in

20 State, county, and private hospitals located in the

21 State to verify the immigration status and income

22 eligibility of applicants for medical assistance under

23 the State plan prior to the furnishing of medical as24 sistance.’’.
27

•S 580 IS

1 (b) PAYMENT.—Section 1903 of such Act (42 U.S.C.

2 1396b) is amended—

3 (1) by striking ‘‘plus’’ at the end of paragraph

4 (6);

5 (2) by striking the period at the end of para6 graph (7) and inserting ‘‘plus’’; and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(8) an amount equal to the Federal medical

10 assistance percentage (as defined in section 1905(b))

11 of the total amount expended during such quarter

12 which are attributable to operating a program under

13 section 1902(a)(63).’’.

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

15 subsection (a) shall take effect on the first day of the first

16 calendar quarter beginning after the date of the enactment

17 of this Act.

18 SEC. 215. PORTS-OF-ENTRY BENEFITS TASK FORCE DEM19 ONSTRATION PROJECTS.

20 (a) IN GENERAL.—

21 (1) PROJECT DESCRIBED.—The Attorney Gen22 eral shall make grants to States to conduct dem23 onstration projects in accordance with subsection (b)

24 for the purpose of establishing and operating a task
28

•S 580 IS

1 force at one or more southwestern ports-of-entry lo2 cated in a State in order to—

3 (A) detect individuals attempting to enter

4 the United States to illegally obtain Federal or

5 State benefits; and

6 (B) identify individuals who have pre7 viously illegally obtained such benefits.

8 (2) SOUTHWESTERN PORT-OF-ENTRY.—For

9 purposes of this section, the term ‘‘southwestern

10 port-of-entry’’ means an official entry point along

11 the southwestern land border of the continental

12 United States.

13 (b) REQUIREMENTS OF PROJECT.—A project con14 ducted in accordance with this subsection shall provide

15 that a task force under the project shall—

16 (1) interview and investigate an individual en17 tering into the United States at a southwestern

18 port-of-entry if the individual is suspected of being

19 an individual described in subparagraphs (A) or (B)

20 of subsection (a)(1) (as determined by comparing

21 the entering individual with a profile (developed by

22 the task force) of individuals described in such sub23 paragraphs); and

24 (2) integrate the computer systems of the Im25 migration and Naturalization Service and the agency
29

•S 580 IS

1 administering the State plan for medical assistance

2 approved under section 1902 of the Social Security

3 Act (42 U.S.C. 1396a) in order to detect individuals

4 described in subparagraphs (A) and (B) of sub5 section (a)(1) prior to the individual’s entry into the

6 United States at a southwestern port-of-entry.

7 (c) APPLICATIONS.—

8 (1) IN GENERAL.—Each State desiring to con9 duct a demonstration project under this section shall

10 prepare and submit to the Attorney General an ap11 plication at such time, in such manner, and contain12 ing such information as the Attorney General may

13 require.

14 (2) PRIORITY.—The Attorney General shall give

15 priority in awarding grants under this section to

16 States that desire to establish demonstration

17 projects at southwestern ports-of-entry that—

18 (A) have the highest numbers of legal

19 crossings attempted in fiscal year 1995;

20 (B) have the highest numbers of illegal

21 aliens determined by the Attorney General to be

22 resident in the State in which the southwestern

23 port-of-entry is located; and

24 (C) meet such other factors as the Attor25 ney General determines are reasonably related
30

•S 580 IS

1 to maximizing the degree to which Federal and

2 State benefits fraud may be reduced through

3 operation of the project.

4 (d) SCOPE AND LOCATION.—The Attorney General

5 shall authorize demonstration projects in not less than 6

6 southwestern ports-of-entry under this section.

7 (e) DURATION.—A demonstration project under this

8 section shall be conducted for a period not to exceed 2

9 years.

10 (f) REPORTS.—A State that conducts a demonstra11 tion project under this section shall prepare and submit

12 to the Attorney General annual and final reports in such

13 form and containing such information as the Attorney

14 General may require.

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as may be

17 necessary in fiscal years 1996 and 1997 for the purpose

18 of conducting demonstration projects in accordance with

19 this section.

20 PART B—EMPLOYER SANCTIONS SUPPORT

21 SEC. 221. ADDITIONAL IMMIGRATION AND NATURALIZA22 TION SERVICE INVESTIGATORS.

23 (a) INVESTIGATORS.—The Attorney General is au24 thorized to hire for fiscal years 1996 and 1997 such addi25 tional investigators and staff as may be necessary to ag-
31

•S 580 IS

1 gressively enforce existing sanctions against employers

2 who employ workers in the United States illegally or who

3 are otherwise ineligible to work in this country.

4 SEC. 222. ENHANCED PENALTIES FOR UNLAWFUL EMPLOY5 MENT OF ALIENS.

6 (a) HIRING, RECRUITING, AND REFERRAL VIOLA7 TIONS.—Section 274A(e)(4) of the Immigration and Na8 tionality Act (8 U.S.C. 1324a(e)(4)) is amended—

9 (1) in clause (i), by striking ‘‘$250’’ and

10 ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, re11 spectively;

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

13 ‘‘$5,000’’ and inserting ‘‘$3,000’’ and ‘‘$7,000’’, re14 spectively; and

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

16 ‘‘$10,000’’ and inserting ‘‘$7,000’’ and ‘‘$20,000’’,

17 respectively.

18 (b) PATTERN OR PRACTICE VIOLATIONS.—Section

19 274A(f) of such Act is amended by striking ‘‘$3,000’’ and

20 ‘‘six months’’ and inserting ‘‘$9,000’’ and ‘‘two years’’.

21 SEC. 223. EARNED INCOME TAX CREDIT DENIED TO INDI22 VIDUALS NOT AUTHORIZED TO BE EM23 PLOYED IN THE UNITED STATES.

24 (a) IN GENERAL.—Section 32(c)(1) of the Internal

25 Revenue Code of 1986 (relating to individuals eligible to
32

•S 580 IS

1 claim the earned income tax credit) is amended by adding

2 at the end the following new subparagraph:

3 ‘‘(F) IDENTIFICATION NUMBER REQUIRE4 MENT.—The term ‘eligible individual’ does not

5 include any individual who does not include on

6 the return of tax for the taxable year—

7 ‘‘(i) such individual’s taxpayer identi8 fication number, and

9 ‘‘(ii) if the individual is married (with10 in the meaning of section 7703), the tax11 payer identification number of such indi12 vidual’s spouse.’’

13 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32

14 of the Internal Revenue Code of 1986 is amended by add15 ing at the end the following new subsection:

16 ‘‘(k) IDENTIFICATION NUMBERS.—Solely for pur17 poses of subsections (c)(1)(F) and (c)(3)(D), a taxpayer

18 identification number means a social security number is19 sued to an individual by the Social Security Administra20 tion (other than a social security number issued pursuant

21 to clause (II) (or that portion of clause (III) that relates

22 to clause (II)) of section 205(c)(2)(B)(i) of the Social Se23 curity Act).’’

24 (c) EXTENSION OF PROCEDURES APPLICABLE TO

25 MATHEMATICAL OR CLERICAL ERRORS.—Section
33

•S 580 IS

1 6213(g)(2) of the Internal Revenue Code of 1986 (relating

2 to the definition of mathematical or clerical errors) is

3 amended by striking ‘‘and’’ at the end of subparagraph

4 (D), by striking the period at the end of subparagraph

5 (E) and inserting ‘‘, and’’, and by inserting after subpara6 graph (E) the following new subparagraph:

7 ‘‘(F) an omission of a correct taxpayer

8 identification number required under section 23

9 (relating to credit for families with younger

10 children) or section 32 (relating to the earned

11 income tax credit) to be included on a return.’’

12 (d) EFFECTIVE DATE.—The amendments made by

13 this section shall apply to taxable years beginning after

14 December 31, 1995.

15 SEC. 224. ENHANCED MINIMUM CRIMINAL PENALTIES FOR

16 EXTORTION OR INVOLUNTARY HOLDING OF

17 ALIENS ENGAGED IN UNLAWFUL EMPLOY18 MENT.

19 (a) AMENDMENT TO THE IMMIGRATION AND NA20 TIONALITY ACT.—The Immigration and Nationality Act

21 (8 U.S.C. 1101 et seq.) is amended by inserting after sec22 tion 274C the following new section:

23 ‘‘CRIMINAL PENALTIES FOR EXTORTION OF ALIENS

24 ENGAGED IN UNLAWFUL EMPLOYMENT

25 ‘‘SEC. 274D. (a) ACTIVITIES PROHIBITED.—Any

26 person who, by threatening to disclose the immigration
34

•S 580 IS

1 status of an individual known or suspected not to be a

2 lawful resident of the United States to any Federal, State

3 or local government agency or employee, induces or co4 erces (or attempts to induce or coerce) that individual to

5 work for unlawfully low compensation, under unlawfully

6 unsafe or unhealthy conditions, or to obtain from or

7 through the person food, shelter, medical care, medicine,

8 transportation, clothing, tools or other devices or equip9 ment, shall be fined in accordance with title 18, United

10 States Code, imprisoned for a first offense not less than

11 5 years or more than 10 years, and imprisoned for subse12 quent offenses not less than 10 or more than 15 years,

13 for each individual so threatened.

14 ‘‘(b) ADJUSTED SENTENCING GUIDELINES.—Pursu15 ant to section 944 of title 28, United States Code, and

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

17 States Sentencing Commission shall promulgate guide18 lines, or amend existing guidelines, to provide that an of19 fender convicted of violating, or conspiring to violate, this

20 section shall be assigned a base offense level under the

21 guidelines that is—

22 ‘‘(1) in the case of a first offense, not lower

23 than 26;

24 ‘‘(2) in the case of an offender with one prior

25 felony conviction, not lower than 34; and
35

•S 580 IS

1 ‘‘(3) in the case of bodily injury to such alien,

2 a required enhancement of between 2 and 6 offense

3 levels in proportion to the severity of the injury in4 flicted.

5 ‘‘(c) DEFINITION.—As used in this section, the term

6 ‘lawful resident of the United States’ includes any person

7 who is—

8 ‘‘(A) a United States citizen or national;

9 ‘‘(B) an alien lawfully admitted to the United

10 States for permanent residence;

11 ‘‘(C) a nonimmigrant alien described in section

12 101(a)(15);

13 ‘‘(D) an asylee;

14 ‘‘(E) a refugee;

15 ‘‘(F) an alien whose deportation is being with16 held under section 243(h);

17 ‘‘(G) a parolee; or

18 ‘‘(H) a Chinese national described in section

19 2(b) of the Chinese Student Protection Act of 1992

20 (8 U.S.C. 1255 note) who, as of the date of enact21 ment of this section, has applied for adjustment of

22 status in accordance with such Act.’’.

23 (d) CLERICAL AMENDMENT.—The table of contents

24 of the Immigration and Nationality Act is amended by in-
36

•S 580 IS

1 serting after the item relating to section 274C the follow2 ing new item:

‘‘Sec. 274D. Criminal penalties for extortion of aliens engaged in unlawful employment.’’.

3 SEC. 225. WORK AUTHORIZATION VERIFICATION.

4 The Attorney General, together with the Secretary of

5 Health and Human Services, shall develop and implement

6 a counterfeit-resistant system to verify work eligibility and

7 federally-funded public assistance benefits eligibility for all

8 persons within the United States. If the system developed

9 includes a document (designed specifically for use for this

10 purpose), that document shall not be used as a national

11 identification card, and the document shall not be required

12 to be carried or presented by any person except at the

13 time of application for federally funded public assistance

14 benefits or to comply with employment eligibility verifica15 tion requirements.

16 PART C—ENHANCED WAGE AND HOUR LAWS

17 SEC. 231. INCREASED PERSONNEL LEVELS FOR THE LABOR

18 DEPARTMENT.

19 (a) INVESTIGATORS.—The Secretary of Labor, in

20 consultation with the Attorney General, is authorized to

21 hire in the Wage and Hour Division of the Department

22 of Labor for fiscal years 1996 and 1997 such additional

23 investigators and staff as may be necessary to aggressively
37

•S 580 IS

1 enforce existing legal sanctions against employers who vio2 late current Federal wage and hour laws.

3 (b) ASSIGNMENT OF ADDITIONAL PERSONNEL.—In4 dividuals employed to fill the additional positions described

5 in subsection (a) shall be assigned to investigate violations

6 of wage and hour laws in areas where the Attorney Gen7 eral has notified the Secretary of Labor that there are

8 high concentrations of aliens present in the United States

9 in violation of law.

10 SEC. 232. INCREASED NUMBER OF ASSISTANT UNITED

11 STATES ATTORNEYS.

12 The Attorney General is authorized to hire for fiscal

13 years 1996 and 1997 such additional Assistant United

14 States Attorneys as may be necessary to prosecute actions

15 brought under this Act, or intended to directly further

16 Congress’ intention to preclude and deter illegal immigra17 tion.

18 TITLE III—ENHANCED SMUG19 GLING CONTROL AND PEN20 ALTIES

21 SEC. 301. MINIMUM CRIMINAL PENALTIES FOR ALIEN

22 SMUGGLING.

23 (a) MINIMUM ALIEN SMUGGLING PENALTIES.—

24 (1) Section 1324(a)(2)(B) of Title 8, United

25 States Code is amended—
38

•S 580 IS

1 (A) by striking ‘‘for each transaction con2 stituting a violation of this paragraph, regard3 less of the number of aliens involved’’ and in4 serting ‘‘for each alien in respect to whom a

5 violation of this paragraph occurs’’; and

6 (B) by striking ‘‘imprisoned not more than

7 10 years’’ and inserting ‘‘imprisoned for a first

8 offense not less than two and one half or more

9 than 5 years, imprisoned for a second offense

10 not less than 5 years or more than 10 years,

11 and imprisoned for subsequent offenses not less

12 than 10 or more than 15 years’’;

13 Pursuant to section 994 of title 28, United States Code,

14 and section 21 of the Sentencing Act of 1987, the United

15 States Sentencing Commission shall promulgate guidelines

16 or amend existing guidelines to provide that an offender

17 convicted of smuggling, transporting, or harboring an un18 lawful alien under dangerous or inhumane conditions in

19 violation of title 18, United States Code, section

20 1324(a)(2)(B)(ii) shall be assigned a base offense level

21 under chapter 2 of the sentencing guidelines that is—

22 (1) in the case of a first offense, not lower than

23 22;

24 (2) in the case of an offender with one prior fel25 ony conviction, not lower than 26;
39

•S 580 IS

1 (3) in the case of an offender with two prior fel2 ony convictions, not lower than 32;

3 (4) in the case of bodily injury to such alien, a

4 required enhancement of between 2 and 6 offense

5 levels in proportion to the severity of the injury in6 flicted; and

7 (5) in the case of the death of an alien, not

8 lower than 41.

9 SEC. 302. EXPANDED FORFEITURE FOR SMUGGLING OR

10 HARBORING ILLEGAL ALIENS.

11 Section 274 of the Immigration and Nationality Act

12 (8 U.S.C. 1324(b)) is amended—

13 (1) by amending subsection (b)(1) to read as

14 follows:

15 ‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,

16 real or personal, which facilitates or is intended to facili17 tate, or which has been used in or is intended to be used

18 in the commission of a violation of sections 1541, 1542,

19 1543, 1544, 1545, or 1546 of title 18, United States

20 Code, or which constitutes or is derived from or traceable

21 to the proceeds obtained directly or indirectly from a com22 mission of a violation of such sections of title 18, United

23 States Code, shall be subject to seizure and forfeiture, ex24 cept that—
40

•S 580 IS

1 ‘‘(A) no property, used by any person as a com2 mon carrier in the transaction of business as a com3 mon carrier shall be forfeited under the provisions of

4 this section unless it shall appear that the owner or

5 other person in charge of such property was a con6 senting party or privy to the illegal act;

7 ‘‘(B) no property shall be forfeited under the

8 provisions of this section by reason of any act or

9 omission established by the owner thereof to have

10 been committed or omitted by any person other than

11 such owner while such property was unlawfully in

12 the possession of a person other than the owner in

13 violation of the criminal laws of the United States

14 or of any State; and

15 ‘‘(C) no property shall be forfeited under this

16 paragraph to the extent of an interest of any owner,

17 by reason of any act or omission established by that

18 owner to have been committed or omitted without

19 the knowledge or consent of the owner, unless such

20 action or omission was committed by an employee or

21 agent of the owner, and facilitated or was intended

22 to facilitate, or was used in or intended to be used

23 in, the commission of a violation of section 1546 of

24 title 18, United States Code, which was committed

25 by the owner or which was intended to further the
41

•S 580 IS

1 business interests of the owner, or to confer any

2 other benefit upon the owner.’’;

3 (2) in paragraph (2)—

4 (A) by striking ‘‘conveyance’’ both places it

5 appears and inserting ‘‘property’’; and

6 (B) by striking ‘‘is being used in’’ and in7 serting ‘‘is being used in, is facilitating, has fa8 cilitated, or was intended to facilitate’’;

9 (3) in paragraph (3)—

10 (A) by inserting ‘‘(A)’’ immediately after

11 ‘‘(3)’’, and

12 (B) by adding at the end the following:

13 ‘‘(B) Before the seizure of any real property pursuant

14 to this section, the Attorney General shall provide notice

15 and an opportunity to be heard to the owner of the prop16 erty. The Attorney General shall prescribe such regula17 tions as may be necessary to carry out this subpara18 graph.’’;

19 (4) in paragraphs (4) and (5) by striking ‘‘a

20 conveyance’’ and ‘‘conveyance’’ each place such

21 phrase or word appears and inserting ‘‘property’’;

22 and

23 (5) in paragraph (4) by—

24 (A) striking ‘‘or’’ at the end of subpara25 graph (C),
42

•S 580 IS

1 (B) by striking the period at the end of

2 subparagraph (D) and inserting ‘‘; or’’, and

3 (C) by inserting at the end the following

4 new subparagraph:

5 ‘‘(E) transfer custody and ownership of

6 forfeited property to any Federal, State, or

7 local agency pursuant to section 616(c) of the

8 Tariff Act of 1930 (19 U.S.C. 1616a(c)).’’.

9 SEC. 303. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN10 VESTIGATIONS.

11 Section 2516(1) of title 18, United States Code, is

12 amended in paragraph (c), by inserting after ‘‘trains)’’ the

13 following: ‘‘, or a felony violation of section 1425 (relating

14 to the procurement of citizenship or nationalization unlaw15 fully), section 1426 (relating to the reproduction of natu16 ralization or citizenship papers), section 1427 (relating to

17 the sale of naturalization or citizenship papers)’’.

18 SEC. 304. LIMITATION ON SECTION 212(c) AUTHORITY.

19 Section 212(c) of the Immigration and Nationality

20 Act (8 U.S.C. 1182(c)) is amended in the third sentence

21 by striking the period and inserting ‘‘, an alien who has

22 been convicted of an offense described in section 274(a)(1)

23 done for the purpose of commercial advantage or private

24 financial gain, or an alien who has been convicted of an

25 offense described in section 274(a)(2)(B)(ii)’’.
43

•S 580 IS

1 SEC. 305. EFFECTIVE DATE.

2 The amendments made by this title shall apply to of3 fenses occurring after the date of enactment of this Act.

4 TITLE IV—ADMISSIONS AND

5 DOCUMENT FRAUD CONTROL

6 SEC. 401. MINIMUM CRIMINAL PENALTIES FOR DOCUMENT

7 FRAUD.

8 (a) MINIMUM DOCUMENT FRAUD PENALTIES.—(1)

9 Sections 1028, 1425, 1426, 1427 and 1546(a) of title 18,

10 United States Code are amended by striking ‘‘not more

11 than 5 years’’ and inserting ‘‘for a first offense not less

12 than two and one half or more than 5 years, imprisoned

13 for a second offense not less than 5 years or more than

14 10 years, and imprisoned for subsequent offenses not less

15 than 10 or more than 15 years’’.

16 (b) ADJUSTED SENTENCING GUIDELINES.—Pursu17 ant to section 944 of title 28, United States Code, and

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

19 States Sentencing Commission shall promulgate guide20 lines, or amend existing guidelines, to provide that an of21 fender convicted of violating, or conspiring to violate, sec22 tions 1028, 1425, 1426, 1427 and 1546(a) of title 18,

23 United States Code, shall be assigned a base offense level

24 under chapter 2 of the guidelines that is—

25 (1) in the case of a first offense, not lower than

26 22;
44

•S 580 IS

1 (2) in the case of an offender with one prior fel2 ony conviction, not lower than 26;

3 (3) in the case of an offender with two prior fel4 ony convictions, not lower than 32; and

5 (4) in the case of procurement, production,

6 transfer, or possession of more than 5 documents or

7 related implements within the scope of this section,

8 a required enhancement of between 1 and 5 offense

9 levels in proportion to the quantity of documents at

10 issue.

11 TITLE V—BORDER CROSSING

12 USER FEE

13 SEC. 501. IMMIGRATION LAW ENFORCEMENT FUND.

14 (a) ESTABLISHMENT OF FUND.—There is hereby es15 tablished in the Treasury of the United States a revolving

16 fund known as the Immigration Law Enforcement Fund

17 (hereafter in this section referred to as the ‘‘Fund’’).

18 (b) BORDER CROSSING USER FEE.—Notwithstand19 ing any other provision of law or treaty to which the

20 United States is a party, the Attorney General, in con21 sultation with the Secretaries of State and the Treasury,

22 and such other parties as the Attorney General deems ap23 propriate, shall collect from each individual entering into

24 the United States by land or sea, without regard to the
45

•S 580 IS

1 immigration or citizenship status of such individual a bor2 der crossing user fee of $1.

3 (c) FEE ADJUSTMENT AND SPECIAL FEE PROGRAM

4 AUTHORITY.—Notwithstanding subsection (b), the Attor5 ney General may—

6 (1) adjust the border crossing user fee periodi7 cally to compensate for inflation and other escalation

8 in the cost of carrying out the purposes of this Act;

9 and

10 (2) develop and implement special discounted

11 fee programs for frequent border crossers including,

12 but not limited to, commuter coupon books or

13 passes.

14 (d) AUTHORIZE ROLL-OVER OF FUND SURPLUSES

15 FROM YEAR-TO-YEAR.—There shall be deposited in the

16 Fund amounts received by the Attorney General as fees

17 collected under subsection (b).

18 (e) USES OF USER FEE FUND.—(1) The Fund shall

19 be available to the Attorney General, to the extent and

20 in the amounts provided in appropriation Acts and without

21 fiscal year limitation, to pay for matters authorized under

22 this Act, as follows:

23 (A) For additional salaries and expenses in24 curred by reason of the employment of personnel

25 under this Act, including, but not limited to, Border
46

•S 580 IS

1 Patrol, inspection, investigation, enforcement, and

2 security personnel, and adjudication officers.

3 (B) For costs relating to land border crossing

4 infrastructure improvement.

5 (C) For costs relating to the acquisition by the

6 Department of Justice of technology and equipment

7 (including, but not limited to, aircraft, helicopters,

8 four wheel drive vehicles, sedans, night vision gog9 gles, night vision scopes, and sensor units).

10 (D) For the cost of facilitating and expanding

11 the activities of the Organized Crime and Drug En12 forcement Interagency Task Force in order to fully

13 abate the flow of narcotics and other illegal drugs

14 into the United States.

15 (E) For the cost of expediting initial asylum

16 claim review procedures.

17 (F) For the cost of devising and implementing

18 regulatory reform of the affirmative asylum adju19 dication process.

20 (G) For the cost of expanding the Institutional

21 Hearing Program.

22 (H) For the cost of expanding the Advanced

23 Passenger Information System.
47

•S 580 IS

1 (I) For the cost of increasing rewards for infor2 mation leading to the arrest and conviction of terror3 ists.

4 (J) For the cost of conducting classes, or other5 wise assisting or encouraging, legal immigrants to

6 the United States to attain American citizenship.

7 (K) For the cost of such other activities that,

8 in the discretion of the Attorney General, will re9 duce: illegal transit of the Nation’s borders, the flow

10 of illegal drugs across such borders, the time nec11 essary to process applications for asylum in the

12 United States, and the number of alien criminals in13 carcerated in this country.

14 (2) Funds made available under subparagraph (A) in

15 each fiscal year shall be allotted to districts of the Immi16 gration and Naturalization Service in proportion to the

17 amount of illegal immigration in each district as the Attor18 ney General finds to have occurred in the preceding fiscal

19 year and reasonably anticipated in the coming fiscal year.

Æ

S 580 IS——2

S 580 IS——3

S 580 IS——4

S 580 IS——5