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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1923 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1923

To amend the Immigration and Nationality Act to curb criminal activity 
   by aliens, to defend against acts of international terrorism, to 
protect American workers from unfair labor competition, and to relieve 
   pressure on public services by strengthening border security and 
            stabilizing immigration into the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             March 10 (legislative day, February 22), 1994

 Mr. Reid (for himself and Mr. Shelby) 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 curb criminal activity 
   by aliens, to defend against acts of international terrorism, to 
protect American workers from unfair labor competition, and to relieve 
   pressure on public services by strengthening border security and 
            stabilizing immigration into the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Stabilization Act of 
1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                    TITLE I--ADMISSION OF IMMIGRANTS

Sec. 101. Reduction in annual immigration ceilings.
Sec. 102. Redefinition of immediate relatives.
Sec. 103. Revision of preference allocations for family-sponsored 
                            immigrants.
Sec. 104. Revision of preference allocations for employment-based 
                            immigrants.
Sec. 105. Conforming amendments.
Sec. 106. Transition.
Sec. 107. Repeals.
                    TITLE II--ADMISSION OF REFUGEES

Sec. 201. Numerical limitation on the admission of refugees.
Sec. 202. Congressional review.
Sec. 203. Repeal of Cuban Adjustment Act.
                        TITLE III--ASYLUM REFORM

Sec. 301. Inspection and exclusion by immigration officers.
Sec. 302. Asylum.
Sec. 303. Failure to appear for asylum hearing.
Sec. 304. Judicial review.
Sec. 305. Conforming amendments.
Sec. 306. Effective dates.
                       TITLE IV--CRIMINAL ALIENS

Sec. 401. Expansion in definition of ``aggravated felony''.
Sec. 402. Deportation procedures.
Sec. 403. Judicial deportation.
Sec. 404. Defenses to deportation.
Sec. 405. Enhanced penalties for reentry or failure to depart.
Sec. 406. Deportation of imprisoned aliens.
Sec. 407. Judicial order of deportation.
Sec. 408. Federal incarceration.
Sec. 409. Increased penalty for visa fraud.
Sec. 410. Notification of alien arrest.
Sec. 411. Excludability of unlawful entrants.
Sec. 412. Exclusion of immigration law violators.
Sec. 413. Miscellaneous and technical changes.
                   TITLE V--FINANCIAL RESPONSIBILITY

Sec. 501. Public charge defined.
Sec. 502. Guarantee of financial responsibility.
Sec. 503. Limited benefits for illegal aliens.
                      TITLE VI--EMPLOYER SANCTIONS

Sec. 601. Implementation of GAO recommendations.
Sec. 602. Verification by telephone.
Sec. 603. Uniform vital statistics.
                       TITLE VII--BORDER SECURITY

Sec. 701. Border Patrol personnel.
Sec. 702. Border crossing fee.
Sec. 703. Border Control Trust Fund.
Sec. 704. Responsibility of international carriers.
                      TITLE VIII--ALIEN SMUGGLING

Sec. 801. Cooperative arrangements.
Sec. 802. Coast Guard instructions.
Sec. 803. Application of RICO.
Sec. 804. Increased penalties for alien smuggling.
Sec. 805. Expanded forfeiture for smuggling or harboring.
Sec. 806. Wiretap authority for alien smuggling investigations.
                        TITLE IX--EFFECTIVE DATE

Sec. 901. Effective date.

                    TITLE I--ADMISSION OF IMMIGRANTS

SEC. 101. REDUCTION IN ANNUAL IMMIGRATION CEILINGS.

    (a) Family-Sponsored Immigration.--Section 201(c)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1151(c)(1)(A)(i)) is amended 
to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to--
            ``(A) 325,000, minus
            ``(B) the number computed under paragraph (2), plus
            ``(C) the number computed under paragraph (3).''.
    (b) Employment-Based Immigration.--Section 201(d)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is amended by 
striking ``140,000'' and inserting ``50,000''.
    (c) Diversity Immigration.--(1) Section 201(a) of the Immigration 
and Nationality Act (8 U.S.C. 1151(a)) is amended--
            (A) by inserting ``and'' at the end of paragraph (1);
            (B) by striking ``; and'' at the end of paragraph (2) and 
        inserting a period; and
            (C) by striking paragraph (3).
    (2) Sections 201(e) (8 U.S.C. 1151(e)) and 203(c) (8 U.S.C. 
1153(c)) of the Immigration and Nationality Act are hereby repealed.

SEC. 102. REDEFINITION OF IMMEDIATE RELATIVES.

    Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(2)(A)(i)) is amended by striking ``children, spouses, 
and parents of a citizen of the United States, except that, in the case 
of parents, such citizens shall be at least 21 years of age'' and 
inserting ``children and spouses''.

SEC. 103. REVISION OF PREFERENCE ALLOCATIONS FOR FAMILY-SPONSORED 
              IMMIGRANTS.

    Paragraphs (1) through (4) of section 203(a) of the Immigration and 
Nationality Act are amended to read as follows:
            ``(1) Spouses and children of permanent resident aliens.--
        Qualified immigrants who are the spouses or children of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number equal to 40 percent of the 
        difference between such worldwide level and the number of 
        immediate relative visas required, plus any visas not required 
        for the class specified in paragraph (1).
            ``(2) Parents of adult united states citizens.--Qualified 
        immigrants who are the parents of citizens of the United States 
        who are at least 21 years of age shall be allocated visas in a 
        number equal to 60 percent of the difference between such 
        worldwide level and the number of immediate relative visas 
        required, plus any visas not required for the class specified 
        in paragraph (1).
            ``(3) Sons and daughters of united states citizens.--
        Qualified immigrants holding priority dates as of the effective 
        date of this Act who are the sons and daughters of citizens of 
        the United States shall be allocated visas in a number equal to 
        75 percent of the maximum number of visas available but not 
        issued under paragraphs (1) and (2).
            ``(4) Sons and daughters of permanent resident aliens.--
        Qualified immigrants holding priority dates as of the effective 
        date of this Act who are the sons and daughters of permanent 
        resident aliens shall be allocated visas in a number equal to 
        25 percent of the maximum number of visas available but not 
        issued under paragraphs (1) and (2).
            ``(5) Brothers and sisters of citizens.--Qualified 
        immigrants holding priority dates as of the effective date of 
        this Act who are the brothers or sisters of citizens of the 
        United States, if such citizens are at least 21 years of age, 
        shall be allocated visas in a number equal to the number of 
        visas not required for the classes specified in paragraphs (3) 
        and (4).''.

SEC. 104. REVISION OF PREFERENCE ALLOCATIONS FOR EMPLOYMENT-BASED 
              IMMIGRANTS.

    (a) Adjustment in Allocations as Percentage of Worldwide Level.--
(1) Section 203(b)(1) of such Act is amended by striking ``28.6 
percent'' and inserting ``50 percent''.
    (2) Section 203(b)(2)(A) of such Act is amended by striking ``28.6 
percent'' and inserting ``50 percent''.
    (3) Section 203(b)(1) of such Act is amended by striking ``, plus 
any visas not required for the classes specified in paragraphs (4) and 
(5),''.
    (b) Allocations for Backlogged Previous Preferences.--(1) Section 
203(b)(3)(A) of such Act (8 U.S.C. 1153(b)(3)(A)), in the text above 
clause (i), is amended to read as follows:
                    ``(A) In general.--Visas shall be made available in 
                a number equal to the number of visas not required for 
                the classes specified in paragraphs (1) and (2) to the 
                following classes of aliens not described in paragraph 
                (2) who are qualified immigrants holding priority dates 
                as of the effective date of this Act:''.
    (2) Section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)) is amended 
by striking ``in a number not to exceed 7.1 percent of such worldwide 
level, to qualified special immigrants'' and inserting ``in a number 
equal to the number of visas not required for the classes specified in 
paragraphs (1) through (3), to qualified special immigrants holding 
priority dates as of the effective date of this Act who are''.
    (3) Section 203(b)(5)(A) of such Act (8 U.S.C. 1153(b)(5)(A)), in 
the text above clause (i), is amended to read as follows:
                    ``(A) In general.--Visas shall be made available in 
                a number equal to the number of visas not required for 
                paragraphs (1) through (4) to qualified immigrants 
                holding priority dates as of the effective date of this 
                Act who are seeking to enter the United States for the 
                purpose of engaging in a new commercial enterprise--''.
    (4) Section 203(b)(6) of such Act (8 U.S.C. 1153(b)(6)) is 
repealed.

SEC. 105. CONFORMING AMENDMENTS.

    Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``paragraph 
                (1), (3), or (4)'' and inserting ``paragraph (1) or 
                (3)'';
                    (B) in subparagraph (D), by striking ``203(b)(2), 
                or 203(b)(3)'' and inserting ``or 203(b)(2)'';
                    (C) by redesignating subparagraph (E)(ii) as 
                subparagraph (E);
                    (D) by striking subparagraph (E)(i);
                    (E) by striking subparagraph (F); and
                    (F) by redesignating subparagraph (G) as 
                subparagraph (F); and
            (2) in subsection (b), by striking ``or 203(b)(3)''.

SEC. 106. TRANSITION.

    (a) Parents of Citizens; Unmarried Sons and Daughters of 
Citizens.--Any petition filed under section 204(a) of the Immigration 
and Nationality Act before the effective date of this Act for--
            (1) immediate relative status as a parent of a United 
        States citizen who is at least 21 years of age,
            (2) preference status under section 203(a)(1) of such Act 
        (as in effect before such date),
            (3) preference status under section 203(a)(2) by virtue of 
        being the spouse or child of a permanent resident alien, or
            (4) preference status under section 203(a)(2) by virtue of 
        being the son or daughter of a permanent resident alien,
shall be deemed, as of such date, to be a petition filed under such 
section for preference status under section 203(a)(2), section 
203(a)(3), 203(a)(1), or 203(a)(4), respectively, of such Act (as 
amended by this Act).
    (b) Eliminated Preference Classifications.--Beginning on the 
effective date of this Act--
            (1) the Attorney General may not accept any petition filed 
        under section 204(a) for classification under section 
        203(a)(4), 203(b)(3), 203(b)(4), or 203(b)(5), as in effect 
        before the effective date of this Act; and
            (2) each priority date established before the effective 
        date of this Act shall be maintained with respect to any 
        petition filed under section 204(a) of the Immigration and 
        Nationality Act before such date for preference status under 
        paragraph (1), (2), (3), or (4) of section 203(a) (as in effect 
        before such date) or paragraph (3), (4), or (5) of section 
        203(b) of such Act (as in effect before such date).

SEC. 107. REPEALS.

    The following provisions of law are repealed:
            (1) Section 584 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 1988 (as 
        contained in section 101(e) of Public Law 100-202; 101 Stat. 
        1329-183) (relating to the admission of Amerasians).
            (2) Section 132 of the Immigration Act of 1990 (Public Law 
        101-649) (relating to the admission of aliens from adversely 
        affected foreign countries).
            (3) Section 301 of the Immigration Act of 1990 (Public Law 
        101-649) (relating to admission of dependents of legalized 
        aliens).

                    TITLE II--ADMISSION OF REFUGEES

SEC. 201. NUMERICAL LIMITATION ON THE ADMISSION OF REFUGEES.

    Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 
1157(a)) is amended--
            (1) by amending paragraph (1) to read as follows: ``(1) 
        Except as provided in subsection (b), the number of refugees 
        who may be admitted under this section in any fiscal year may 
        not exceed 50,000.'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.

SEC. 202. CONGRESSIONAL REVIEW.

    Section 207(b) of the Immigration and Nationality Act (8 U.S.C. 
1157(b)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        clauses (A), (B), and (C), respectively;
            (2) by striking ``(b) If'' and inserting ``(b)(1) Subject 
        to paragraph (2), if'';
            (3) by striking ``may fix a number'' and inserting ``may 
        recommend to the Congress a number''; and
            (4) by adding at the end the following:
    ``(2)(A) The number of refugee admissions proposed under paragraph 
(1) shall be effective only if the Congress, within 30 days of receipt 
of such recommendation, enacts a joint resolution approving the number 
of refugees to be admitted.
    ``(B) The President may waive the application of subparagraph (A) 
if he certifies to the Congress that it is important to the national 
interest to do so.
    ``(3) A joint resolution described in paragraph (2) shall be 
considered in accordance with paragraphs (3) through (7) of section 
8066(c) of the Department of Defense Appropriation Act, 1985 (as 
contained in Public Law 98-473), except that references in such 
paragraphs to the Committee on Appropriations shall be deemed to be 
references to the Committee on the Judiciary.''.

SEC. 203. REPEAL OF CUBAN ADJUSTMENT ACT.

    Public Law 89-732, as amended by Public Law 94-571, is repealed.

                        TITLE III--ASYLUM REFORM

SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) Inspection of Aliens.--Section 235(b) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--(1) An 
immigration officer shall inspect each alien who is seeking entry to 
the United States.
    ``(2)(A) If the examining immigration officer determines that an 
alien seeking entry--
            ``(i) does not present the documentation required (if any) 
        to obtain legal entry to the United States; and
            ``(ii) does not indicate either an intention to apply for 
        asylum (under section 208) or a fear of persecution, the 
        officer shall order the alien excluded from the United States 
        without further hearing or review.
    ``(B) The examining immigration officer shall refer for immediate 
inspection at a port of entry by an asylum officer under subparagraph 
(C) any alien who has indicated an intention to apply for asylum or a 
fear of persecution.
    ``(C)(i) If an asylum officer determines that an alien has a 
credible fear of persecution, the alien shall be entitled to apply for 
asylum under section 208.
    ``(ii) If an asylum officer determines that an alien does not have 
a credible fear of persecution the officer shall order the alien 
excluded from the United States without further hearing or review.
    ``(3)(A) Except as provided in subparagraph (B), if the examining 
immigration officer determines that an alien seeking entry is not 
clearly and beyond a doubt entitled to enter, the alien shall be 
detained for a hearing before a special inquiry officer.
    ``(B) The provisions of subparagraph (A) shall not apply--
            ``(i) to an alien crewman,
            ``(ii) to an alien described in paragraph (2)(A) or 
        (2)(C)(ii), or
            ``(iii) if the conditions described in section 273(d) 
        exist.
    ``(4) The decision of the examining immigration officer, if 
favorable to the admission of any alien, shall be subject to challenge 
by any other immigration officer and such challenge shall operate to 
take the alien, whose privilege to enter is so challenged, before a 
special inquiry officer for a hearing on exclusion of the alien.
    ``(5)(A) Subject to subparagraph (B), an alien has not entered the 
United States for purposes of this Act unless and until such alien has 
been inspected and admitted by an immigration officer pursuant to this 
subsection.
    ``(B) An alien who (i) is physically present in the United States, 
(ii) has been physically present in the United States for a continuous 
period of 1 year, and (iii) has not been inspected and admitted by an 
immigration officer shall be deemed to have entered the United States 
without inspection.''.
    (b) Grounds for Exclusion.--Section 212(a)(6) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(6)) is amended by adding at the 
end the following new subparagraphs:
    ``(G)(i) Any alien who, in seeking entry to the United States or 
boarding a common carrier for the purpose of coming to the United 
States, presents any document which is forged, counterfeit, altered, 
falsely made, stolen, or inapplicable to the alien presenting the 
document, or otherwise contains a misrepresentation of a material fact, 
is excludable.
    ``(ii) Clause (i) shall not apply to an alien if, in the 
determination of the asylum officer, the document or documents to which 
that clause refers were presented by the alien solely to enable the 
alien to depart directly from--
            ``(I) a country in which the alien had a credible fear of 
        persecution; or
            ``(II) a country in which there was a significant danger 
        that the alien would be returned to a country in which the 
        alien would have a credible fear of persecution.
    ``(iii) For the purposes of this subparagraph, the term `credible 
fear of persecution' means (I) that it is more probable than not that 
the statements made by the alien in support of his or her claim are 
true, and (II) that there is a significant possibility, in light of 
such statements and of such other facts as are known to the officer 
that the alien could establish eligibility for asylum under section 
208.
    ``(H) Any alien who, in boarding a common carrier for the purpose 
of coming to the United States, presents a document that relates or 
purports to relate to the alien's eligibility to enter the United 
States, and fails to present such document to an immigration officer 
upon arrival at a port of entry into the United States, is 
excludable.''.
    (c) Conforming Amendments.--Section 237(a) (8 U.S.C. 1227(a)) is 
amended--
            (1) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(2), 
        deportation''; and
            (2) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(b)(2), if''.

SEC. 302. ASYLUM.

    Section 208 (8 U.S.C. 1158) is amended to read as follows:
    ``Sec. 208. (a) Asylum.--
            ``(1) Right to apply.--An alien physically present in the 
        United States or at a land border or port of entry may apply 
        for asylum in accordance with this section.
            ``(2) Conditions for granting.--
                    ``(A) Grants by attorney general.--The Attorney 
                General may grant asylum to an alien if the alien 
                applies for asylum in accordance with the requirements 
                of this section and establishes that it is more 
                probable than not that in the alien's country of 
                nationality (or, in the case of a person having no 
                nationality, the country in which such alien last 
                habitually resided) such alien would be arrested and 
                incarcerated or such alien's life would be threatened 
                on account of race, religion, nationality, membership 
                in a particular social group, or political opinion.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien if the Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States; or
                            ``(v) a country willing to accept the alien 
                        has been identified (other than the country 
                        described in subparagraph (A)) to which the 
                        alien can be deported or returned and the alien 
                        does not establish that it is more likely than 
                        not that the alien would be incarcerated or the 
                        alien's life would be threatened in such 
                        country on account of race, religion, 
                        nationality, membership of a particular social 
                        group, or political opinion.
        For purposes of clause (ii), an alien who has been convicted of 
        an aggravated felony shall be considered to have committed a 
        particularly serious crime. The Attorney General shall 
        promulgate regulations that specify additional crimes that will 
        be considered to be a crime described in clause (ii) or clause 
        (iii).
            ``(3) Asylum status.--In the case of any alien granted 
        asylum under paragraph (2), the Attorney General, in accordance 
        with this section--
                    ``(A) shall not deport or return the alien to the 
                country described under paragraph (2)(A);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General, except that such 
                travel may not be authorized to the country from which 
                the alien claimed to be fleeing persecution.
            ``(4) Termination.--Asylum granted under paragraph (2) 
        shall be terminated if the Attorney General, pursuant to such 
        regulations as the Attorney General may prescribe, determines 
        that--
                    ``(A) the alien no longer meets the conditions 
                described in paragraph (2) owing to a change in 
                circumstances in the alien's country of nationality or, 
                in the case of an alien having no nationality, in the 
                country in which the alien last habitually resided;
                    ``(B) the alien meets a condition described in 
                paragraph (2)(B);
                    ``(C) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (2)) to which the alien can be deported or 
                returned and the alien cannot establish that it is more 
                likely than not that the alien would be arrested or 
                incarcerated in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion; or
                    ``(D) the alien returns to the country from which 
                the alien claimed to be fleeing persecution or makes 
                application with the Attorney General to return to the 
                country from which the alien claimed to fleeing 
                persecution.
            ``(5) Acceptance by another country.--In the case of an 
        alien described in paragraph (2)(B)(v) or paragraph (4)(C), the 
        alien's deportation or return shall be directed by the Attorney 
        General in the sole discretion of the Attorney General, to any 
        country which is willing to accept the alien into its territory 
        (other than the country described in paragraph (2)).
    ``(b) Asylum Procedure.--
            ``(1) Applications.--
                    ``(A) In general.--
                            ``(i) Deadline.--Subject to clause (ii), an 
                        alien's application for asylum shall not be 
                        considered under this section unless--
                                    ``(I) the alien has filed, not 
                                later than 30 days after entering or 
                                coming to the United States, notice of 
                                intention to file such an application, 
                                and
                                    ``(II) such application is actually 
                                filed not later than 45 days after 
                                entering or coming to the United 
                                States.
                            ``(ii) Exception.--An application for 
                        asylum may be considered, notwithstanding that 
                        the requirements of clause (i) have not been 
                        met, only if the alien demonstrates by clear 
                        and convincing evidence changed circumstances 
                        in the alien's country of nationality (or in 
                        the case of an alien with no nationality, in 
                        the country where the alien last habitually 
                        resided) affecting eligibility for asylum.
                    ``(B) Requirements.--An application for asylum 
                shall not be considered unless the alien submits to the 
                taking of fingerprints and a photograph in a manner 
                determined by the Attorney General.
                    ``(C) Fees.--The Attorney General may provide for a 
                reasonable fee for the consideration of an application 
                for asylum or for any employment authorization under 
                subsection (a)(3)(B).
                    ``(D) Notice of privilege of counsel and 
                consequences of frivolous application.--At the time of 
                filing a notice of intention to apply for asylum, the 
                alien shall be advised of the privilege of being 
                represented (at no expense to the government) by such 
                counsel, authorized to practice in such proceedings, as 
                the alien shall choose and of the consequences, under 
                subsection (d), of filing a frivolous application for 
                asylum.
            ``(2) Consideration of applications; hearings.--
                    ``(A) Asylum officers.--Applications for asylum 
                shall be considered by officers of the Service 
                (referred to in this Act as `asylum officers') who are 
                specially designated by the Service as having special 
                training and knowledge of international conditions and 
                human rights records of foreign countries. Pending the 
                designation of such officers, individuals who as of the 
                date of the enactment of the Immigration Stabilization 
                Act of 1994 are authorized to perform duties as asylum 
                officers shall be deemed to be qualified to be asylum 
                officers for purposes of this Act.
                    ``(B) Scheduling of hearings.--
                            ``(i) In general.--Upon the filing of an 
                        application for asylum, an asylum officer, at 
                        the earliest practicable time and after 
                        consultation with the attorney for the 
                        Government and the attorney (if any) for the 
                        applicant, shall set the application for 
                        hearing on a day certain or list it on a weekly 
                        or other short-term calendar, so as to assure a 
                        speedy hearing.
                            ``(ii) Deadline.--Unless the applicant (or 
                        an attorney for the applicant) consents in 
                        writing to the contrary, the hearing on the 
                        temporary asylum application shall commence not 
                        later than 45 days after the date the 
                        application was filed.
                    ``(C) Public hearings.--A hearing on an asylum 
                application shall be open to the public unless the 
                applicant requests that it be closed to the public.
                    ``(D) Rights in hearings.--The officer shall, to 
                the extent practicable, conduct the hearing in a 
                nonadversarial manner. During such hearing, the 
                applicant shall have the privilege of the assistance 
                and participation of counsel (as provided under 
                paragraph (1)(D)) and both the government and the 
                applicant shall be entitled to present evidence and 
                witnesses, to examine and object to evidence, and to 
                cross-examine all witnesses.
                    ``(E) Country conditions.--An officer may request 
                opinions regarding country conditions from the 
                Secretary of State, but shall not request or consider 
                recommendations from the Secretary of State as to 
                whether a particular named individual should or should 
                not be granted asylum.
                    ``(F) Transcript of hearings.--A complete record of 
                the proceedings and of all testimony and evidence 
                produced at the hearing shall be kept. The hearing 
                shall be recorded verbatim. The Attorney General and 
                the Service shall provide that a transcript of a 
                hearing held under this section is made available not 
                later than 10 days after the date of completion of the 
                hearing.
                    ``(G) Deadline for determinations on 
                applications.--The officer shall render a determination 
                on the application not later than 30 days after the 
                date of completion of the hearing. The determination of 
                the officer shall be based only on the officer's 
                knowledge of international conditions and human rights 
                records of foreign countries, and evidence produced at 
                the hearing.
                    ``(H) Resource allocation.--The Attorney General 
                shall allocate sufficient resources so as to assure 
                that applications for asylum are heard and determined 
                on a timely basis. However, nothing in this paragraph 
                relating to scheduling or deadlines shall be construed 
                as creating any right or benefit, substantive or 
                procedural, which is legally enforceable by any party 
                against the United States, its agencies, its officers, 
                or any other person.
                    ``(I) Sanctions for failure to appear.--
                            ``(i) Subject to clause (ii), the 
                        application for asylum of an alien who does not 
                        appear for a hearing on such application shall 
                        be summarily dismissed unless the alien can 
                        show exceptional circumstances (as defined in 
                        section 242B(f)(2)) as determined by the asylum 
                        officer.
                            ``(ii) Clause (i) shall not apply if 
                        written and oral notice were not provided as 
                        required by section 242B(e)(4)(B).
                            ``(iii) Except in exceptional circumstances 
                        (as defined in section 242B(f)(2)), an 
                        application summarily dismissed in accordance 
                        with clause (i) shall not be reopened or 
                        reconsidered nor shall a new application for 
                        asylum be entertained by the Attorney General 
                        at any time.
                    ``(J) Finality of determinations.--
                            ``(i) In general.--The decision of the 
                        asylum officer shall be the final 
                        administrative determination of a claim for 
                        asylum.
                            ``(ii) Treatment of cases in exclusion or 
                        deportation.--If proceedings are instituted 
                        against an alien under section 235 or 242 of 
                        this Act and the alien files an application for 
                        asylum based on circumstances described in 
                        subsection (b)(1)(A)(ii), the asylum officer 
                        shall render, on an expedited basis, a decision 
                        on the application.
    ``(c) Asylum Status Adjustments.--
            ``(1) Adjustment of status.--Under such regulations as the 
        Attorney General may prescribe, the Attorney General shall 
        adjust to the status of an alien granted asylum the status of 
        any alien granted asylum under subsection (a)(2)(A) who--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 3 years after being granted asylum;
                    ``(C) continues to be eligible for asylum under 
                this section; and
                    ``(D) is admissible under this Act at the time of 
                examination for adjustment of status under this 
                subsection.
            ``(2) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(A), (B), (C), (D), or (E)) of an 
        alien whose status is adjusted to that of an alien granted 
        asylum under subsection (a)(2) may be granted the same status 
        as the alien if accompanying, or following to join, such alien.
            ``(3) Application fees.--The Attorney General may impose a 
        reasonable fee for the filing of an application for adjustment 
        to the status of an alien granted asylum under this subsection.
    ``(d) Denial of Immigration Benefits for Frivolous Applications.--
            ``(1) In general.--If the asylum officer determines that an 
        alien has made a frivolous application for asylum under this 
        section and the alien has received the notice under subsection 
        (b)(1)(D)(i), the alien shall be permanently ineligible for any 
        benefits under this Act, effective as of the date of a final 
        determination on such application.
            ``(2) Treatment of fraudulent or material 
        misrepresentations.--For purposes of this subsection, an 
        application considered to be `frivolous' includes, but is not 
        limited to, an application which is fraudulent or otherwise 
        contains a willful misrepresentation or concealment of a 
        material fact.''.

SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.

    Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended in 
subparagraph (A)--
            (1) by inserting ``and'' at the end of clause (i); and
            (2) by striking all after clause (iii) and inserting 
        ``shall not be eligible for any benefits under this Act.''.

SEC. 304. JUDICIAL REVIEW.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
is amended by adding at the end thereof:
    ``(d) Notwithstanding any other provision of law, no court shall 
have jurisdiction to review, except by petition for habeas corpus, any 
determination made with respect to an alien found excludable pursuant 
to titles I or II of this Act. In any such case, review by habeas 
corpus shall be limited to examination of whether the petitioner (1) is 
an alien, and (2) was ordered excluded from the United States pursuant 
to the provisions of this Act. Notwithstanding the nature of the suit 
or claim, no court shall have jurisdiction except as provided in this 
subsection to consider the validity of any adjudication or 
determination of exclusion, to certify a class in an action challenging 
the exclusion provisions of this Act or any portion or implementation 
thereof, or to provide declaratory or injunctive relief with respect to 
the exclusion of any alien.
    ``(e) In any action brought for the assessment of penalties for 
improper entry or reentry of an alien under section 275, 276, 277, or 
278 of this Act, no court shall have jurisdiction to hear claims 
collaterally attacking the validity of orders of exclusion, or 
deportation entered under section 235, 236, or 242 of this Act.''.

SEC. 305. CONFORMING AMENDMENTS.

    Section 209(b) of the Immigration and Nationality Act (8 U.S.C. 
1159(b)) is amended--
            (1) in paragraph (2), by striking ``one year'' and 
        inserting ``5 years''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) continues to be eligible for asylum under section 
        208,''.

SEC. 306. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act.
    (b) Exceptions.--(1) The amendments made by this title shall not 
apply to applications for asylum or withholding of deportation made 
before the first day of the first month that begins more than 180 days 
after the date of the enactment of this Act and no application for 
asylum under section 208 of the Immigration and Nationality Act (as 
amended by section 201 of this Act) shall be considered before such 
first day.
    (2) In applying section 208(b)(1)(A) of the Immigration and 
Nationality Act (as amended by this title) in the case of an alien who 
has entered or came to the United States before the first day described 
in paragraph (1), notwithstanding the deadlines specified in such 
section--
            (A) the deadline for the filing of a notice of intention to 
        file an application for asylum is 30 days after such first day, 
        and
            (B) the deadline for the filing of the application for 
        asylum is 45 days after the date of filing such notice.
    (3) The amendments made by section 305(b) (relating to adjustment 
of status) shall not apply to aliens granted asylum under section 208 
of the Immigration and Nationality Act, as in effect before the date of 
the enactment of this Act.

                       TITLE IV--CRIMINAL ALIENS

SEC. 401. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.

    (a) Expansion in Definition.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
follows:
            ``(43) The term `aggravated felony' means--
                    ``(A) murder;
                    ``(B) any illicit trafficking in any controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act), including any drug trafficking crime 
                as defined in section 924(c) of title 18, United States 
                Code;
                    ``(C) any illicit trafficking in any firearms or 
                destructive devices as defined in section 921 of title 
                18, United States Code, or in explosive materials as 
                defined in section 841(c) of title 18, United States 
                Code;
                    ``(D) any offense described in (i) section 1956 of 
                title 18, United States Code (relating to laundering of 
                monetary instruments) or (ii) section 1957 of such 
                title (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the value of the funds exceeded $100,000;
                    ``(E) any offense described in--
                            ``(i) subsection (h) or (i) of section 842, 
                        title 18, United States Code, or subsection 
                        (d), (e), (f), (g), (h), or (i) of section 844 
                        of title 18, United States Code (relating to 
                        explosive materials offenses),
                            ``(ii) paragraph (1), (2), (3), (4), or (5) 
                        of section 922(g), or section 922(j), section 
                        922(n), section 922(o), section 922(p), section 
                        922(r), section 924(b), or section 924(h) of 
                        title 18, United States Code (relating to 
                        firearms offenses), or
                            ``(iii) section 5861 of title 26, United 
                        States Code (relating to firearms offenses);
                    ``(F) any crime of violence (as defined in section 
                16 of title 18, United States Code, not including a 
                purely political offense) for which a sentence of 5 
                years imprisonment or more may be imposed;
                    ``(G) any theft offense (including receipt of 
                stolen property) or any burglary offense, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(H) any offense described in section 875, section 
                876, section 877, or section 1202 of title 18, United 
                States Code (relating to the demand for or receipt of 
                ransom);
                    ``(I) any offense described in section 2251, 
                section 2251A or section 2252 of title 18, United 
                States Code (relating to child pornography);
                    ``(J) any offense described in--
                            ``(i) section 1962 of title 18, United 
                        States Code (relating to racketeer influenced 
                        corrupt organizations), or
                            ``(ii) section 1084 (if it is a second or 
                        subsequent offense) or section 1955 of such 
                        title (relating to gambling offenses), where a 
                        sentence of 5 years imprisonment or more may be 
                        imposed;
                    ``(K) any offense relating to the bribery or 
                attempted bribery of an official or agent of the 
                Government of the United States or of an official or 
                agent of any political subdivision of the United 
                States;
                    ``(L) any offense relating to commercial bribery, 
                counterfeiting, forgery or trafficking in vehicles 
                whose identification numbers have been altered, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(M) any offense--
                            ``(i) described in section 2421, section 
                        2422, or section 2423 of title 18, United 
                        States Code (relating to transportation for the 
                        purpose of prostitution), or
                            ``(ii) described in section 1581 through 
                        1585, or section 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(N) any offense relating to perjury or 
                subornation of perjury where a sentence of 5 years 
                imprisonment or more may be imposed;
                    ``(O) any offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 
                        section 798 (relating to disclosure of 
                        classified information), section 2153 (relating 
                        to sabotage) or section 2381 or section 2382 
                        (relating to treason) of title 18, United 
                        States Code, or
                            ``(ii) section 421 of title 50, United 
                        States Code (relating to protecting the 
                        identity of undercover intelligence agents);
                    ``(P) any offense--
                            ``(i) involving fraud or deceit where the 
                        loss to the victim or victims exceeded 
                        $200,000; or
                            ``(ii) described in section 7201 of title 
                        26, United States Code (relating to tax 
                        evasion), where the tax loss to the Government 
                        exceeds $200,000;
                    ``(Q) any offense described in section 1324(a)(1) 
                of title 8, United States Code (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(R) any violation of section 1546(a) of title 18, 
                United States Code (relating to document fraud), for 
                the purpose of commercial advantage;
                    ``(S) any offense relating to failing to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony, where a sentence of 
                2 years or more may be imposed; or any attempt or 
                conspiracy to commit any such act; or
                    ``(T) any felony committed by an alien on or after 
                the date that alien had received a waiver of 
                deportation under section 212 or 241 of this Act (8 
                U.S.C. 1182 or 1251) after commission of a prior 
                felony.''.
Such term applies to offenses described in this paragraph whether in 
violation of Federal or State law and applies to such offenses in 
violation of the laws of a foreign country for which the term of 
imprisonment was completed within the previous 15 years.
    (b) Effective Date.--The amendments made by this section shall 
apply to all convictions entered before, on, or after the date of 
enactment of this Act.

SEC. 402. DEPORTATION PROCEDURES.

    (a) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``Deportation of Permanent 
                Resident Aliens.--(1)'' after ``(a)''; and
                    (B) by inserting in the first sentence ``permanent 
                resident'' after ``correctional facilities for'';
            (2) in subsection (b)--
                    (A) by striking ``(b) Implementation.--'' and 
                inserting ``(2) Implementation.--''; and
                    (B) by striking ``respect to an'' and inserting 
                ``respect to a permanent resident''; and
            (3) by adding the following after subsection (a), as 
        amended herein:
    ``(b) Deportation of Aliens Who Are Not Permanent Residents.--(1) 
Notwithstanding section 242, and subject to paragraph (5), the Attorney 
General may issue a final order of deportation against any alien 
described in paragraph (2) whom the Attorney General determines to be 
deportable under section 241(a)(2)(A)(iii) (relating to conviction of 
an aggravated felony).
    ``(2) An alien is described in this paragraph if the alien--
            ``(A) was not lawfully admitted for permanent residence at 
        the time that proceedings under this section commenced, or
            ``(B) had permanent resident status on a conditional basis 
        (as described in section 216) at the time that proceedings 
        under this section commenced.
    ``(3) The Attorney General may delegate the authority in this 
section to the Commissioner or to any District Director of the Service.
    ``(4) No alien described in this section shall be eligible for any 
relief from deportation that the Attorney General may grant in his 
discretion.
    ``(5) The Attorney General may not execute any order described in 
paragraph (1) until 14 calendar days have passed from the date that 
such order was issued, in order that the alien has an opportunity to 
apply for judicial review under section 106.''.
    (b) Limited Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended--
            (1) in the first sentence of subsection (a), by inserting 
        ``or pursuant to section 242A'' after ``under section 242(b)'';
            (2) in subsection (a)(1) and subsection (a)(3), by 
        inserting ``(including an alien described in section 242(A)'' 
        after ``aggravated felony''; and
            (3) by adding at the end the following new subsection;
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(b) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of enactment of this Act.

SEC. 403. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a), as amended by section 402, is further 
amended by inserting at the end the following new subsection:
    ``(c) Judicial Deportation.--
            ``(1) Authority.--In any criminal case subject to the 
        jurisdiction of any court of the United States or of any State, 
        such court may enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony).
            ``(2) Denial of judicial order.--Denial of a request for a 
        judicial order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings pursuant to 
        section 242 upon the same ground of deportability or upon any 
        other ground of deportability provided under section 241(a).''.
    (b) Technical and Conforming Changes.--The ninth sentence of 
section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by striking out ``The'' and inserting in lieu 
thereof, ``Except as provided in section 242A(c), the''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens whose adjudication of guilt or guilty plea is 
entered in the record after the date of enactment of this Act.

SEC. 404. DEFENSES TO DEPORTATION.

    (a) Defenses Bases on Seven Years of Permanent Residence.--The last 
sentence of section 212(c) of the Immigration and Nationality Act (8 
U.S.C. 1182(c)) is amended by striking out ``has served for such felony 
or felonies'' and all that follows through the period and inserting in 
lieu thereof ``has been sentenced for such felony or felonies to a term 
of imprisonment of at least 5 years if the time for appealing such 
conviction or sentence has expired and the sentence has become 
final.''.
    (b) Defenses Based on Withholding of Deportation.--Section 
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) 
is amended--
            (1) in the first sentence--
                    (A) by striking ``or'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(E) the alien has been convicted of a felony.''; and
            (2) by striking the last sentence.

SEC. 405. ENHANCED PENALTIES FOR REENTRY OR FAILURE TO DEPART.

    (a) Failure To Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking out ``paragraph (2), (3), or 4 of'' the 
        first time it appears; and
            (2) by striking out ``shall be imprisoned not more than ten 
        years'' and inserting in lieu thereof, ``shall be imprisoned 
        not more than two years, or shall be imprisoned not more than 
        ten years if the alien is a member of any of the classes 
        described in paragraph (2), (3), or (4) of section 241(a)''.
    (b) Reentry.--Section 276(b) of the Immigration and Nationality Act 
(8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting after ``commission of'' the 
                following: ``two or more misdemeanors or''; and
                    (B) by striking out ``5'' and inserting in lieu 
                thereof ``10'';
            (2) in paragraph (2), by striking out ``15'' and inserting 
        in lieu thereof ``20''; and
            (3) by adding at the end the following sentence: ``For the 
        purposes of this subsection, the term `deportation' includes 
        any agreement where an alien stipulates to deportation during a 
        criminal trial under either Federal or State law.''.
    (c) Collateral Attacks on Underlying Deportation Order.--Section 
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended 
by inserting after subsection (b) the following new subsection:
    ``(c) In any criminal proceeding under this section, no alien may 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b).''.

SEC. 406. DEPORTATION OF IMPRISONED ALIENS.

    Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 
1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General may deport an alien prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that the 
        alien has been adequately punished and that such deportation of 
        the alien is appropriate; or
            ``(B) in the case of an alien in the custody of a State, if 
        the chief State official exercising authority with respect to 
        the incarceration of the alien determines (i) that the alien 
        has been adequately punished and that such deportation is 
        appropriate, and (ii) submits a written request to the Attorney 
        General that such alien be so deported.''.

SEC. 407. JUDICIAL ORDER OF DEPORTATION.

    (a) In General.--Subchapter A of chapter 227 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3560. Order of deportation for certain aliens
    ``The court, upon sentencing an individual who is an alien for an 
aggravated felony (as defined in section 101(a)(43) of the Immigration 
and Nationality Act, shall include in a sentencing order a declaration 
that the individual is deportable. Any presentence report required 
under the Rules of Criminal Procedure with respect to the sentencing of 
any individual for such a felony shall include whether or not such 
individual is an alien.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter A of chapter 227 of title 18, United States Code, is amended 
by adding at the end the following new item:

``3560. Order of deportation for certain aliens.''.
    (c) Deportation Procedures.--Section 242A of the Immigration and 
Nationality Act (18 U.S.C. 1252a) is amended by adding at the end the 
following:
    ``(f) Deportation Pursuant to a Judicial Order.--An alien subject 
to a judicial order of deportation under section 3560 of title 18, 
United States Code, shall be deported consistent with section 
242(h).''.

SEC. 408. FEDERAL INCARCERATION.

    Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) 
is amended by adding at the end the following:
    ``(j)(1) The Attorney General shall take into the custody of the 
Federal Government, and shall incarcerate for a determinate sentence of 
imprisonment, a criminal alien described in paragraph (3) if--
            ``(A) the chief State official exercising authority with 
        respect to the incarceration of the undocumented criminal alien 
        submits a written request to the Attorney General;
            ``(B) the undocumented criminal is sentenced to a 
        determinate term of imprisonment;
            ``(C) the State in which the official described in 
        subparagraph (A) exercises authority cooperates, and requires 
        local governments or agencies in such State to cooperate, with 
        Federal immigration authorities with respect to the 
        identification, location, arrest, prosecution, detention, and 
        deportation of aliens who are not lawfully present in the 
        United States; and
            ``(D) adequate Federal facilities are available for the 
        incarceration of the criminal alien.
    ``(2) Criminal aliens taken into the custody of the Attorney 
General under paragraph (1) may be deported under subsection (h)(2)(A).
    ``(3) An alien is described in this paragraph if the alien--
            ``(A) has been convicted of a felony and sentenced to a 
        term of imprisonment, and
            ``(B)(i) had entered the United States without inspection 
        or at any time or place other than as designated by the 
        Attorney General, or
            ``(ii) was the subject of exclusion or deportation 
        proceedings at the time he or she was taken into custody by the 
        State.''.

SEC. 409. INCREASED PENALTY FOR VISA FRAUD.

    (a) False Statement.--Section 1542 of title 18, United States Code, 
is amended by striking ``fined not more than $2,000 or imprisoned not 
more than five years, or both'' and inserting ``fined under this title 
or imprisoned not more than 10 years, or both''.
    (b) Forgery.--Section 1543 of title 18, United States Code, is 
amended by striking ``fined not more than $2,000 or imprisoned not more 
than five years, or both'' and inserting ``fined under this title or 
imprisoned not more than 10 years, or both''.
    (c) Misuse of Passport.--Section 1544 of title 18, United States 
Code, is amended by striking ``fined not more than $2,000 or imprisoned 
not more than five years, or both'' and inserting ``fined under this 
title or imprisoned not more than 10 years, or both''.
    (d) Safe Conduct Violation.--Section 1545 of title 18, United 
States Code, is amended by striking ``fined not more than $2,000 or 
imprisoned not more than three years, or both'' and inserting ``fined 
under this title or imprisoned not more than 10 years, or both''.
    (e) Fraud and Misuse of Visas.--Section 1546(a) of title 18, United 
States Code, is amended by striking ``fined not more than $2,000 or 
imprisoned not more than five years, or both'' and inserting ``fined 
under this title or imprisoned not more than 10 years, or both''.

SEC. 410. NOTIFICATION OF ALIEN ARREST.

    Whenever a State or local law enforcement agency arrests an alien 
for the commission of a felony, that State or local law enforcement 
agency shall provide the District Director of the Immigration and 
Naturalization Service for the district in which the State or local law 
enforcement agency has jurisdiction the following information within 72 
hours of the arrest: the name of the alien; the alien's place of birth; 
the alien's date of birth; the alien's alien registration number, if 
any; the nature of the offense for which the alien was arrested; and 
any available information on bond, future hearings and proceedings.

SEC. 411. EXCLUDABILITY OF UNLAWFUL ENTRANTS.

    Section 204(c) of the Immigration and Nationality Act is amended--
            (1) by striking ``laws or'' and inserting ``laws,''; and
            (2) by inserting the following before the period: ``, or 
        (3) the petition was submitted by or on behalf of any alien who 
        entered or attempted to enter the United States unlawfully, who 
        entered or attempted to enter with fraudulent, forged or stolen 
        documents, who failed to present the immigration officer any 
        document produced when the alien boarded a common carrier for 
        travel to the United States, or who entered the United States 
        lawfully as a nonimmigrant but violated the terms of his or her 
        nonimmigrant visa''.

SEC. 412. EXCLUSION OF IMMIGRATION LAW VIOLATORS.

    (a) Exclusion of Criminal Alien.--Section 212(a)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is 
amended--
            (1) by striking ``or'' at the end of subclause (I);
            (2) by inserting ``or'' at the end of subclause (II); and
            (3) by inserting after subclause (II) the following:
                    ``(III) any violation of any immigration law or any 
                violation of any federal or State statute prohibiting 
                fraud, including any statutes prohibiting income tax 
                evasion,''.
    (b) Exclusion Reform.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by amending subsection (c) 
to read as follows:
    ``(c) Aliens lawfully admitted for permanent residence who 
temporarily proceeded abroad voluntarily and not under an order of 
deportation shall not be admitted if that alien is excludable under 
subsection (a), without regard to the purpose or duration of the 
alien's presence outside the United States.''.

SEC. 413. MISCELLANEOUS AND TECHNICAL CHANGES.

    (a) Form of Deportation Hearings.--The second sentence of section 
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is 
amended--
            (1) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D);
            (2) by striking ``(b) A special'' and inserting ``(b)(1) 
        Except as provided in paragraph (2), a special''; and
            (3) by adding at the end the following:
    ``(2) Nothing in this subsection shall preclude the Attorney 
General from authorizing proceedings by electronic or telephonic media 
(with or without the consent of the alien) or, where waived or agreed 
to by the parties, in the absence of the alien.''.
    (b) Construction of Expedited Deportation Requirements.--No 
amendment made by this Act and nothing in section 242(i) of the 
Immigration and Nationality Act (8 U.S.C. 1252(i)), shall be construed 
to create any right or benefit, substantive or procedural, which is 
legally enforceable by any party against the United States, its 
agencies, its officers, or any other person.

                   TITLE V--FINANCIAL RESPONSIBILITY

SEC. 501. PUBLIC CHARGE DEFINED.

    Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(4)) is amended to read as follows:
            ``(4) Public charge.--Any alien who cannot demonstrate to 
        the consular officer at the time of application for a visa, or 
        to the Attorney General at the time of application for 
        admission or adjustment of status, that, taking into account 
        the alien's age and medical condition, he or she has assets, 
        education, skills, or a combination thereof that make it very 
        unlikely that he or she will become eligible for means-tested 
        public assistance of any kind (including, but not limited to, 
        medical care or food and housing assistance) or will otherwise 
        become a public charge is excludable.''.

SEC. 502. GUARANTEE OF FINANCIAL RESPONSIBILITY.

    Section 213 of the Immigration and Nationality Act (8 U.S.C. 1183) 
is amended to read as follows:

                 ``financial responsibility of sponsors

    ``Sec. 213. (a) An alien excludable under paragraph (4) of section 
212(a) may, if otherwise admissible, be admitted in the discretion of 
the Attorney General upon the giving of a suitable and proper bond and 
a guarantee of financial responsibility by an individual (hereafter in 
this section referred to as the alien's `sponsor') who is not less than 
21 nor more than 60 years of age, is of good moral character, has never 
been convicted of a felony, has never filed for bankruptcy or been 
adjudicated a bankrupt, and is a citizen of the United States or an 
alien lawfully admitted for permanent residence.
    ``(b) The guarantee of financial responsibility in subsection (a) 
must provide (1) that the sponsor, and the sponsor's spouse if the 
sponsor is married, agree in the case of an alien under 21 years of 
age, to assume legal custody for the alien after the alien's departure 
to the United States and until the alien becomes 21 years of age, in 
accordance with the law of the State where the sponsor resides, and (2) 
that the sponsor agrees to furnish, during the 5-year period beginning 
on the date of the alien's acquiring the status of an alien lawfully 
admitted for permanent residence, or during the period beginning on the 
date of the alien's acquiring the status of an alien lawfully admitted 
for permanent residence and ending on the date on which the alien 
becomes 21 years of age, whichever period is longer, such financial 
support as is necessary to prevent the alien's becoming a public 
charge.
    ``(c) A guarantee of financial responsibility given under 
subsection (a) may be enforced with respect to an alien by a civil suit 
against his sponsor by the Attorney General or by any Federal or State 
agency that has provided the alien means-tested public assistance of 
any kind, including but not limited to medical, food, and housing 
assistance.
    ``(d) Civil suits under subsection (c) shall be brought in the 
United States district court for the district in which the defendant 
resides and may be brought at any time on or before the date that is 5 
years after the date on which the sponsor's period of financial 
responsibility under subsection (a) expired.
    ``(e) The bond required of an alien's sponsor by subsection (a) 
shall be in favor of the United States and all States, territories, 
countries, towns, municipalities, and districts within the United 
States and shall hold them harmless against the alien's becoming a 
public charge. The bond shall be in such amount and shall contain such 
conditions as the Attorney General may prescribe. The bond shall 
terminate upon (1) the alien's permanent departure from the United 
States, (2) the death of an alien, or (3) the expiration of the period 
of financial responsibility described in subsection (b), whichever 
occurs first, and any sums or other security held to secure performance 
thereof, except to the extent forfeited for violation of the terms 
thereof, shall be returned to the person by whom furnished, or to his 
legal representative.''.

SEC. 503. LIMITED BENEFITS FOR ILLEGAL ALIENS.

    (a) Direct Federal Financial Benefits.--(1) Notwithstanding any 
other provision of law, no direct Federal financial benefit or social 
insurance benefit may be paid, conferred, or otherwise given, on or 
after the date of enactment of this Act, to any alien not lawfully 
admitted to the United States as a permanent resident or a refugee 
except pursuant to a provision of the Immigration and Nationality Act.
    (2) Federal reimbursement of emergency medical care provided to 
such an alien may be provided under such regulations as the Secretary 
of Health and Human Services may in his or her discretion prescribe.
    (b) Unemployment Benefits.--No alien who has not been granted 
employment authorization pursuant to Federal law shall be eligible for 
unemployment compensation under an unemployment compensation law of a 
State or the United States.

                      TITLE VI--EMPLOYER SANCTIONS

SEC. 601. IMPLEMENTATION OF GAO RECOMMENDATIONS.

    (a) Work Eligibility Documents.--Effective January 1, 1995, section 
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended 
by striking subparagraphs (A) through (D) of subsection (b)(1) and 
inserting:
            ``(A) In general.--The person or entity must attest, under 
        penalty of perjury and on a form designated or established by 
        the Attorney General by regulation, that it has verified that 
        the individual is not an unauthorized alien by--
                    ``(i) examining the document described in 
                subparagraph (B) in the case of an individual claiming 
                to be a United States citizen, United States national, 
                or a permanent resident alien,
                    ``(ii) examining the document described in 
                paragraph (C) in the case of an individual not claiming 
                to be a United States citizen, a United States 
                national, or a permanent resident alien, and
                    ``(iii) reporting the individual's Social Security 
                account number to the Social Security Administration 
                through the telephone verification system established 
                pursuant to section 602 of the Immigration 
                Stabilization Act of 1994.
            ``(B) Documents of citizens and nationals.--The document 
        described in this subparagraph is an individual's Social 
        Security account number card issued pursuant to section 601(c) 
        of the Immigration Stabilization Act of 1994.
            ``(C) Documents of aliens.--The document described in this 
        subparagraph is an alien's identification card issued by the 
        Immigration and Naturalization Service pursuant to section 
        601(b) of the Immigration Stabilization Act of 1994.''.
    (b) Improvement of Alien Identity Cards.--
            (1) Permanent resident aliens.--The Attorney General shall 
        cause to be issued to every alien acquiring lawful permanent 
        residence in the United States after June 30, 1994, and, upon 
        application, to any alien who acquired lawful permanent 
        residence before July 1, 1994, an alien identification card 
        that shall--
                    (A) be uniform in appearance,
                    (B) be as tamperproof and counterfeit-resistant as 
                practicable,
                    (C) contain a photograph and fingerprint,
                    (D) display the name, sex, date of birth, and such 
                other identifying information as the Attorney General 
                shall determine, and
                    (E) incorporate a machine-readable encoding of the 
                information displayed on the card.
            (2) Other aliens.--The Attorney General shall cause to be 
        issued to every alien who becomes authorized to work in the 
        United States after June 30, 1994, other than by reason of 
        lawful admission for permanent residence, and shall cause to be 
        issued, upon application, to any other alien who is authorized 
        to work in the United States other than by reason of lawful 
        admission for permanent residence an alien identification card 
        that shall--
                    (A) be uniform in appearance,
                    (B) be as tamperproof and counterfeit-resistant as 
                practicable,
                    (C) contain a photograph and fingerprint,
                    (D) display the alien's name, sex, date of birth, 
                place of birth, and such other identifying information 
                as the Attorney General shall determine,
                    (E) show an expiration date that shall be 
                determined in accordance with regulations issued by the 
                Attorney General, but shall not in any case be later 
                than 3 calendar years after the date of issuance, and
                    (F) incorporate a machine-readable encoding of the 
                information displayed on the card.
    (c) Improvement of Social Security Cards.--
            (1) Improved card for citizens.--The Secretary shall cause 
        to be issued improved Social Security account number cards to 
        United States citizens and United States nationals upon 
        application, proof of identity, proof of citizenship or 
        nationality, and payment of a reasonable fee.
            (2) Improved card for aliens.--The Secretary shall cause to 
        be issued improved Social Security account number cards to 
        aliens lawfully admitted for permanent residence upon 
        application, proof of identity, verification of status by the 
        Immigration and Naturalization Service, and payment of a 
        reasonable fee.
            (3) Requirements.--The cards described in paragraphs (1) 
        and (2) shall--
                    (A) be uniform in appearance,
                    (B) be as tamperproof and counterfeit-resistant as 
                practicable,
                    (C) contain a photograph and fingerprint,
                    (D) display the name, sex, date of birth, place of 
                birth, and Social Security account number of the 
                issuee, and such other identifying information as the 
                Secretary shall determine, and
                    (E) incorporate a machine-readable encoding of the 
                information displayed on the card.
            (4) Secretary defined.--For purposes of this subsection, 
        Secretary means the Secretary of Health and Human Services.
    (d) Reasonable Fee.--The amount of the fee that is to be charged 
under subsections (b) and (c) shall be the amount (rounded to the 
nearest whole dollar), not exceeding $50, required to cover the costs 
of issuing the card.
    (e) No Other Cards.--No Social Security account number card or 
alien identification card shall be issued after June 30, 1994, whether 
as an original card or as a replacement, that does not satisfy the 
requirements of this section.
    (f) Definitions.--For purposes of this section--
            (1) ``State'' means one of the United States, the District 
        of Columbia, or Puerto Rico, and
            (2) ``place of birth'' means, for an individual--
                    (A) born in a State, the two-letter symbol used by 
                the United States Post Office to identify that State, 
                or
                    (B) not born in a State, such two-letter symbol as 
                the Secretary shall determine by regulations.

SEC. 602. VERIFICATION BY TELEPHONE.

    (a) Social Security Database.--By September 30, 1994, the Secretary 
of Health and Human Services shall make such modifications to the 
Social Security account number data base (NUMIDENT) as are practicable 
and enable confirmation through the telephone verification system 
described in subsection (d) that a Social Security account number has 
been issued to an individual identified by last name, sex, year of 
birth, and place of birth and that such individual is not known to the 
Secretary of Health and Human Services to be an alien not authorized to 
work in the United States. At a minimum the data base shall be modified 
to enable confirmation that a Social Security account number is not 
assigned to an individual authorized to work in the United States 
because the number--
            (1) has not been issued,
            (2) was issued to an individual known by the Secretary of 
        Health and Human Services as not authorized to work,
            (3) was issued to a person that is deceased and has not 
        been reissued, or
            (4) was issued to an alien that any data base of the 
        Immigration and Naturalization Service shows is not authorized 
        to work in the United States.
The Attorney General shall provide such assistance as the Secretary of 
Health and Human Services may require to merge or otherwise make use of 
any data base of the Immigration and Naturalization Service for the 
purposes of this section.
    (b) Exchange of Information.--The Attorney General shall notify the 
Secretary of Health and Human Services of the expiration of an alien's 
authorization to work in the United States not later than 14 calendar 
days after the date of expiration. The Secretary of Health and Human 
Services shall furnish the Attorney General with a list of any aliens 
for whom confirmation of work eligibility has been requested not later 
than 5 calendar days after such request. Such list shall include the 
telephone number from which the request was made and the employer 
identification number of the requester.
    (c) Adult Applicants.--The Secretary of Health and Human Services 
shall furnish to the Attorney General a copy of any application 
(including supporting documentation) for a Social Security account 
number by an alien or by an individual over 16 years of age who claims 
to be a United States citizen or national and shall not issue a number 
before the earlier of the following dates:
            (1) The date on which the Attorney General confirms in 
        writing that his records do not show that the applicant is an 
        alien unauthorized to work in the United States.
            (2) 60 days after a copy of the application and supporting 
        documentation has been delivered to the Attorney General.
    (d) Telephone Verification System.--Before January 1, 1995, the 
Secretary of Health and Human Services shall test and place in 
operation a system whereby an employer can report by touch-tone 
telephone his employer identification number and the Social Security 
account number, last name, sex, year of birth, and place of birth of 
any individual who is to be employed and can receive immediate 
confirmation that the number was issued to the individual having that 
identity and that such person is not identified within the Social 
Security account number data base as an individual who is not a United 
States citizen, a United States national, or an alien authorized to 
work in the United States. The charge for each call will be sufficient 
to cover the costs of operating the system, except that it shall not 
exceed $2 plus any line charges payable to the telephone carrier. The 
system shall provide for access to a live operator if an entry is not 
accepted or confirmed, shall provide a verification code to the caller, 
and shall accommodate devices that read the magnetic strip incorporated 
by a card issued under section 601.
    (e) Abuse of System.--The use of the telephone verification system 
established by subsection (d) by a person other than--
            (1) an employer acting pursuant to section 274A(b)(1) of 
        the Immigration and Nationality Act, or
            (2) an officer or employee of an agency of the United 
        States or of any State acting in the performance of official 
        duties,
shall be punishable by a fine of not more than $1,000 per occurrence.

SEC. 603. UNIFORM VITAL STATISTICS.

    The Secretary of Health and Human Services shall consult with the 
State agency responsible for registration and certification of births 
and deaths and, within 2 years of the date of enactment of this Act, 
shall establish a national electronic network linking the vital 
statistics records of such States. The network shall provide, where 
practical, for the matching of deaths with births and shall enable the 
confirmation of births and deaths of citizens of the United States, or 
of aliens within the United States, by any Federal or State agency or 
official in the performance of official duties. The Secretary shall 
institute measures to achieve uniform and accurate reporting of vital 
statistics into the national network, to protect the integrity of the 
registration and certification process, and to prevent fraud against 
the Government and other persons through the use of false birth or 
death certificates.

                       TITLE VII--BORDER SECURITY

SEC. 701. BORDER PATROL PERSONNEL.

    The number of full-time officer positions authorized for the Border 
Patrol of the Immigration and Naturalization Service shall be increased 
to 5,900 in fiscal year 1994, 6,900 in fiscal year 1995, 7,900 in 
fiscal year 1996, 8,900 in fiscal year 1997, and 9,900 in fiscal year 
1998.

SEC. 702. BORDER CROSSING FEE.

    The Commissioner of Immigration and Naturalization shall collect a 
user fee for each entry into the United States by land or by sea after 
December 31, 1993. The fee shall be $3 for each person entering other 
than by private automobile, van, or truck and $5 for each private 
automobile, van, or truck. The Commissioner by regulation may establish 
a reduced fee or a multiple-crossing fee for frequent border crossers.

SEC. 703. BORDER CONTROL TRUST FUND.

    There is established a Border Control Trust Fund (``Fund'') under 
the control of the Commissioner of Immigration and Naturalization. The 
fees collected under section 702 shall be deposited into the Fund. 
Amounts deposited into the Fund and the earnings thereon shall be 
expended by the Commissioner exclusively on (1) measures, personnel, 
structures, and devices to deter and prevent illegal entry of persons 
and contraband into the United States by land or by sea, (2) 
construction and operation of facilities to expedite lawful border 
traffic and reduce, where practical, extensive delays in the time 
required for lawful entry of goods and persons, and (3) financial and 
other assistance to State and local law enforcement agencies that have 
entered into cooperative arrangements with the Immigration and 
Naturalization Service. Not less than 80 percent of the sum of--
            (1) amounts deposited into the Fund during a fiscal year; 
        and
            (2) the earnings of the Fund during that fiscal year,
shall be expended during that or the subsequent fiscal year.

SEC. 704. RESPONSIBILITY OF INTERNATIONAL CARRIERS.

    (a) In General.--Section 273 of the Immigration and Nationality Act 
(8 U.S.C. 1323) is amended--
            (1) in subsection (a), by striking ``(other than from 
        foreign contiguous territory)'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Records.--The Attorney General shall maintain a record of 
each undocumented alien arriving on or after the date of enactment of 
this subsection at a United States port of entry and of the carrier 
which brought such alien to that port of entry.'';
            (4) by inserting after subsection (c) (as added by 
        paragraph (4)), the following:
    ``(d) Repeat Offenses.--(1)(A) If the Attorney General determines 
that, during the preceding calendar year, any carrier has delivered an 
average of more than 0.5 undocumented aliens per arrival at United 
States ports of entry then, for the next calendar year, in lieu of the 
penalty of $3,000 specified in subsection (b), such carrier shall pay 
to the Attorney General a penalty of $10,000 for each alien brought in 
violation of subsection (a) or, alternatively, such carrier may choose 
to participate in a 1-year pilot program intended to reduce the number 
of undocumented aliens arriving at United States ports of entry via 
international carriers.
    ``(B) If such international carrier chooses to participate in the 
1-year pilot program, that carrier will be subject to the penalty 
levels prescribed in subsection (b), rather than the increased penalty 
levels specified in this subsection, for each alien brought in 
violation of subsection (a).
    ``(C) The 1-year pilot program, which can be extended for multiple 
years at the discretion of the Attorney General, shall consist of a 
program whereby the international carrier collects the travel documents 
necessary for entry into the United States from all passengers upon 
their entry to the carrier and physically returns them to the 
passengers on an individual basis only at the actual point of 
inspection at the United States port of entry by United States 
immigration officials.
    ``(2) If the Attorney General determines that, during the preceding 
calendar year, any carrier has delivered an average of more than 1.5 
undocumented aliens per arrival at United States ports of entry, then, 
for the next calendar year, in lieu of the penalties specified in 
subsection (b) and in paragraph (1) of this subsection, such carrier 
shall pay to the Attorney General a penalty of $20,000 for each alien 
brought in violation of subsection (a).
    ``(3) If the Attorney General determines that, in the preceding 
calendar year, any carrier has delivered an average of more than 2 
undocumented aliens per arrival at United States ports of entry, then 
such carrier shall forfeit all landing rights in the United States for 
the next calendar year.''; and
            (5) subsection (e) (as redesignated) is amended--
                    (A) by inserting after ``refunded,'' the following: 
                ``unless the alien transported is granted asylum status 
                in the United States or''; and
                    (B) by inserting before the period at the end 
                thereof ``or that the visa or other immigration 
                documentation presented to the carrier was forged, 
                counterfeit, altered, falsely made, stolen, or 
                inapplicable to the alien presenting the document''.
    (b) Effective Date.--The amendment made by subsection (a)(4) shall 
take effect on January 1 of the second calendar year following the date 
of enactment of this Act.

                      TITLE VIII--ALIEN SMUGGLING

SEC. 801. COOPERATIVE ARRANGEMENTS.

    The Secretary of State shall undertake to enter into, on behalf of 
the United States, cooperative arrangements with appropriate foreign 
governments for the purpose of preventing the unlawful entry of aliens 
by land, air, or sea.

SEC. 802. COAST GUARD INSTRUCTIONS.

    The Secretary of Defense, in consultation, when appropriate, with 
the Attorney General and the Secretary of State, shall instruct the 
Coast Guard to deter and prevent the unlawful entry of aliens into the 
United States by sea. Such instructions shall include directives 
providing for stopping and boarding vessels, making inquiries of 
persons and inspecting documents and property on board such vessels, 
and returning a vessel to the country from which it came or to another 
country. In the case of vessels outside the territorial sea of the 
United States, such instructions shall be limited to vessels of the 
United States, vessels without nationality, vessels assimilated to 
vessels without nationality, and vessels of foreign nations with which 
the United States has arrangements authorizing the United States to 
stop and board such vessels. Except as otherwise provided in the 
preceding sentence, actions pursuant to this section are authorized to 
be undertaken both within and beyond the territorial sea of the United 
States.

SEC. 803. APPLICATION OF RICO.

    Section 1961(1) of title 18, United States Code, is amended by 
striking ``or'' immediately prior to ``(E)'', and by adding: ``or (F) 
any act which is indictable under any of the following provisions of 
the Immigration and Nationality Act: section 274(a)(i) (relating to 
prohibitions on bringing in or harboring certain aliens), section 275 
(relating to illegal entry, marriage fraud, or establishing a 
commercial enterprise for the purpose of evading the immigration laws), 
section 277 (relating to aiding or assisting certain aliens to enter 
the United States), or section 1328 (relating to the importation of 
aliens for immoral purpose).''.

SEC. 804. INCREASED PENALTIES FOR ALIEN SMUGGLING.

    Pursuant to section 994 of title 28, United States Code, the United 
States Sentencing Commission shall promulgate guidelines, or amend 
existing guidelines, to provide that a defendant convicted of 
violating, or conspiring to violate section 274(a) of the Immigration 
and Nationality Act, shall be assigned not less than offense level 25 
under section 2L1.1 of the United States Sentencing Guidelines if any 
of the following factors exist--
            (1) if the offense involved five or more aliens in a single 
        scheme or otherwise;
            (2) if the offense involved other criminal activity 
        including, but not limited to, violations of the Controlled 
        Substances Act, prostitution, importation of aliens for immoral 
        purposes, trafficking in firearms, money laundering, illegal 
        gang activities, kidnapping or ransom demands, fraudulent 
        documents, or extortion;
            (3) if the offense involves smuggling of persons under the 
        age of 18 years for the purposes of illegal adoption or of 
        sexual or commercial exploitation;
            (4) if the offense involves the smuggling of known or 
        suspected terrorists or persons involved in organized crime;
            (5) if the offense involves dangerous or inhumane treatment 
        of the persons smuggled; or
            (6) if death or serious bodily harm occurs to persons 
        smuggled.
Otherwise, the base offense level shall be 13, except for an offense 
described in section 274(a)(2)(A) of the Immigration and Nationality 
Act.

SEC. 805. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING.

    Subsection 274(b) of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Any property, real or personal, which facilitates or 
        is intended to facilitate, or which has been used in or is 
        intended to be used in the commission of a violation of 
        subsection (a) or of sections 274A(a)(1) or 274A(a)(2), or 
        which constitutes or is derived from or traceable to the 
        proceeds obtained directly or indirectly from a commission of a 
        violation of subsection (a), shall be subject to seizure and 
        forfeiture, except that--
                    ``(A) no property, used by any person as a common 
                carrier in the transaction of business as a common 
                carrier shall be forfeited under the provisions of this 
                section unless it shall appear that the owner or other 
                person in charge of such property was a consenting 
                party or privy to the illegal act;
                    ``(B) no property shall be forfeited under the 
                provisions of this section by reason of any act or 
                omission established by the owner thereof to have been 
                committed or omitted by any person other than such 
                owner while such property was unlawfully in the 
                possession of a person other than the owner in 
                violation of the criminal laws of the United States or 
                of any State; and
                    ``(C) no property shall be forfeited under this 
                paragraph to the extent of an interest of any owner, by 
                reason of any act or omission established by that owner 
                to have been committed or omitted without the knowledge 
                or consent of the owner, unless such action or omission 
                was committed by an employee or agent of the owner, and 
                facilitated or was intended to facilitate, or was used 
                in or intended to be used in, the commission of a 
                violation of subsection (a) or of section 274A(a)(1) or 
                274A(a)(2) which was committed by the owner or which 
                intended to further the business interests of the 
                owner, or to confer any other benefit upon the 
                owner.'';
            (2) by striking from paragraph (2)--
                    (A) ``conveyance'' both places it appears and 
                inserting in lieu thereof ``property''; and
                    (B) ``is being used in'' and inserting in lieu 
                thereof ``is being used in, is facilitating, has 
                facilitated, or was intended to facilitate'';
            (3) by striking from paragraphs (4) and (5) ``a 
        conveyance'' and ``conveyance'' each place such phrase or word 
        appears and inserting in lieu thereof ``property'';
            (4) by striking from paragraph (4)--
                    (A) ``or'' at the end of subparagraph (C), and
                    (B) the period at the end of subparagraph (D) and 
                inserting ``; or''; and
            (5) by adding at the end the following:
                    ``(E) transfer custody and ownership of forfeited 
                property to any Federal, State, or local agency 
                pursuant to the Tariff Act of 1930, as amended (19 
                U.S.C. 1616a(c)).''.

SEC. 806. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    (a) Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c), by inserting after ``weapons),'' the 
        following: ``or a felony violation of section 1028 (relating to 
        production of false identification documentation), section 1546 
        (relating to fraud and misuse of visas, permits, and other 
        documents),'';
            (2) by striking ``or'' after paragraph (l) and 
        redesignating paragraphs (m), (n), and (o) as paragraphs (n), 
        (o), and (p), respectively;
            (3) by inserting after paragraph (l) the following new 
        paragraph:
            ``(m) a violation of section 274 of the Immigration and 
        Nationality Act (8 U.S.C. 1324) (relating to alien smuggling), 
        of section 277 of the Immigration and Nationality Act (8 U.S.C. 
        1327) (relating to the smuggling of aliens convicted of 
        aggravated felonies or of aliens subject to exclusion on 
        grounds of national security), or of section 278 of the 
        Immigration and Nationality Act (8 U.S.C. 1328) (relating to 
        smuggling of aliens for the purpose of prostitution or other 
        immoral purpose);''; and
            (4) by striking ``or any Deputy Assistant Attorney General 
        in the Criminal Division specially designated by the Attorney 
        General'' and inserting ``or any Deputy Assistant Attorney 
        General or acting Deputy Assistant Attorney General in, or one 
        other officer or employee of, the Criminal Division specially 
        designated by the Attorney General''.
    (b) Section 2518(5) of title 18, United States Code, is amended by 
inserting ``(including personnel of a foreign government or of a State 
or subdivision of a State)'' after ``Government personnel''.
    (c) Section 2510(7) of title 18, United States Code, is amended by 
inserting before the semicolon ``and additionally, for purposes of 
paragraphs (1) and (2) of section 2517, any person authorized to 
perform investigative, law enforcement, or prosecutorial functions by a 
foreign government''.

                        TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE.

    Except where otherwise specifically provided, this Act, and the 
amendments made by this Act, shall take effect on October 1, 1994.

                                 <all>

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