ity Act (8 U.S.C. 1253(h)) is amended in paragraph (2)
by inserting ‘‘for which the sentence imposed is 5 years
or more’’ after ‘‘aggravated felony’’.
TITLE V—INSPECTIONS AND ADMISSIONS
SEC. 501. CIVIL PENALTIES FOR BRINGING INADMISSIBLE
ALIENS FROM CONTIGUOUS TERRITORIES.
Section 273 of the Immigration and Nationality Act
(8 U.S.C. 1323) is amended by—
(a) striking ‘‘(other than from foreign contig-
uous territory)’’ from subsection (a), and
(b) striking ‘‘$3,000’’ and inserting ‘‘$5,000’’
in subsection (b).
SEC. 502. DEFINITION OF STOWAWAY; EXCLUDABILITY OF
STOWAWAY; CARRIER LIABILITY FOR COSTS
OF DETENTION.
(a) Section 101(a) of the Immigration and National-
ity Act (8 U.S.C. 1101) is amended by adding the follow-
ing new subsection:
‘‘(47) The term ‘stowaway’ means any alien who ob-
tains transportation without the consent of the owner,
charterer, master or person in command of any vessel or
aircraft through either concealment on board such vessel
or aircraft or evasion of that carrier’s standard boarding
procedures.’’.
(b) Section 237 of the Immigration and Nationality
Act (8 U.S.C. 1227) is amended as follows:
(1) By inserting in paragraph (a)(1) before the
period at the end of the first sentence the following:
‘‘, or unless the alien is an excluded stowaway who
has requested asylum or withholding of deportation
and whose application has not been adjudicated, or
whose application has been denied but who has not
exhausted any remaining appeal rights’’.
(2) By inserting after the first sentence in
paragraph (a)(1) the following sentences: ‘‘Any alien
stowaway inspected upon arrival in the United
States is an alien who is excluded within the mean-
ing of this section. The term ‘‘alien’’ wherever ap-
pearing in this section shall include an excluded
stowaway. The provisions of section 237 concerning
the deportation of an excluded alien shall apply to
the deportation of a stowaway under section
273(d).’’.
(c) Section 273(d) of the Immigration and National-
ity Act (8 U.S.C. 1323(d)) is amended to read as follows:
‘‘It shall be the duty of the owner, charterer, agent con-
signee, commanding officer, or master of any vessel or air-
craft arriving at the United States from any place outside
the United States to detain on board or at such other
place as may be designated by an immigration officer any
alien stowaway until such stowaway has been inspected by
an immigration officer. Upon inspection, the Attorney
General, pursuant to regulation, may take immediate cus-
tody of any stowaway and shall charge the owner,
charterer, agent, consignee, commanding officer, or mas-
ter of the vessel or aircraft on which the stowaway has
arrived the costs of detaining the stowaway. It shall be
the duty of the owner, charterer, agent, consignee, com-
manding officer, or master of any vessel or aircraft arriv-
ing at the United States from any place outside the United
States to deport any alien stowaway on the vessel or air-
craft on which such stowaway arrived or on another vessel
or aircraft at the expense of the vessel or aircraft on which
such stowaway arrived when required to do so by an immi-
gration officer. Failure to comply with the provisions of
this section shall result in the imposition of a $5,000 fine,
payable to the Commissioner as offsetting collections for
each alien stowaway. Pending final determination of liabil-
ity for such fine, no such vessel or aircraft shall be granted
clearance, except that clearance may be granted upon the
deposit of a sum sufficient to cover such fine, or of a bond
with sufficient surety to secure the payment thereof ap-
proved by the Commissioner. An alien stowaway inspected
upon arrival shall be considered an excluded alien under
this Act. The provisions of section 235 for detention of
aliens for examination before a special inquiry officer and
the right of appeal provided for in section 236 shall not
apply to aliens who arrive as stowaways and no such aliens
shall be permitted to land in the United States, except
temporarily for medical treatment, or pursuant to such
regulations as the Attorney General may prescribe for the
ultimate departure, removal or deportation of such alien
from the United States. A stowaway may apply for asylum
or withholding of deportation, as provided in sections 208
and 243(h) of this Act, pursuant to such regulations as
the Attorney General may establish.’’.
SEC. 503. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV-
ING OR DEPARTING.
Section 231(a) of the Immigration and Nationality
Act (8 U.S.C. 1221(a)) is amended by—
(a) striking the first sentence and inserting the
following:
‘‘In connection with the arrival of any person by
water or by air at any port within the United States from
any place outside the United States, it shall be the duty
of the master or commanding officer, or authorized agent,
owner, or consignee of the vessel or aircraft, having such
person on board to deliver to the immigration officers at
the port of arrival, or other place designated by the Attor-
ney General, electronic, typewritten or printed lists or
manifests of the persons on board such vessel or aircraft.’’;
(b) striking in the second sentence ‘‘shall be
prepared’’ and inserting ‘‘shall be prepared and sub-
mitted’’; and
(c) inserting after the second sentence the fol-
lowing sentence: ‘‘Such lists or manifests shall con-
tain, but not be limited to, for each person trans-
ported, the person’s full name, date of birth, gender,
citizenship, travel document number (if applicable),
and arriving flight number.’’.
SEC. 504. ELIMINATION OF LIMITATIONS ON IMMIGRATION
USER FEES FOR CERTAIN CRUISE SHIP PAS-
SENGERS.
Section 286(e)(1) of the Immigration and Nationality
Act (8 U.S.C. 1356) is amended to read as follows: ‘‘No
fee shall be charged under subsection (d) for immigration
inspection or preinspection provided in connection with the
arrival of any passenger aboard an international ferry.’’.
SEC. 505. TRANSPORTATION LINE RESPONSIBILITY FOR
TRANSIT WITHOUT VISA ALIENS.
Section 238(c) of the Immigration and Nationality
Act (8 U.S.C. 1228(c)) is amended by inserting after the
first sentence the following: ‘‘Notwithstanding any other
provision of this Act and in consideration for bringing
aliens transiting through the United States without a visa,
transportation lines shall agree, as part of any contract
entered into under this section, to indemnify the United
States against any costs for the detention and removal
from the United States of any such alien who for any rea-
son—
‘‘(1) is refused admission to the United States;
‘‘(2) fails to continue his or her journey to a
foreign country within the time prescribed by regula-
tion; or
‘‘(3) is refused admission by the foreign country
to which the alien is travelling while transiting
through the United States.’’.
SEC. 506. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
Section 202(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1152(a)(1)) is amended by inserting before
the period at the end the following: ‘‘: Provided, however,
That nothing in this subsection shall be construed to limit
the authority of the Secretary of State to determine the
procedures for the processing of immigrant visa applica-
tions or the locations where such applications will be proc-
essed.’’.
SEC. 507. BORDER SERVICES USER FEE.
Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended by inserting the following new
subsection:
‘‘(s)(1) In addition to any other fee authorized by
law, the Attorney General shall charge and collect a fee,
in United States currency, for border-related services and
enforcement, at ports selected by the States in which they
are located to participate in the border services user fee
program. The fee shall be $1.50 for each non-commercial
conveyance and $.75 for each pedestrian, for every land
border entry, including persons arriving via ferries on any
body of water which forms a part of the borders and
boundaries contiguous to the United States. Commercial
conveyances transporting passengers through passenger
processing facilities shall be charged the pedestrian fee for
the operator and each passenger, except that crewmen on
ferries shall not be charged and conveyances on ferries will
be charged the conveyance fee. These funds shall be avail-
able to the Attorney General in accordance with this sec-
tion.
‘‘(2) To the greatest extent practicable, fee revenues
will be reinvested in participating ports in amounts that
are approximately proportionate to the amounts collected
at those ports and will not be used to substitute for the
resources that would be allocated to the ports if they were
not in the program, but will be added to the funds that
would otherwise be dedicated to port spending.
‘‘(3)(A) Each State that selects one or more ports
to participate in the border services user fee program may
establish a Border Services Council for each participating
port.
‘‘(B) The Councils shall develop spending priorities
for the ports and submit those priorities to the Attorney
General or his or her designated representative.
‘‘(i) PORT SERVICES.—The Attorney General or
his or her designee shall account for these priorities
in reinvesting fee revenues to fund additional perma-
nent and temporary immigration inspectors and re-
lated support; the addition, improvement, and modi-
fication of facilities at ports of entry and border
areas contiguous to those ports; the expansion, oper-
ation, and maintenance of information systems and
advanced technologies related to port-related services
and enforcement; and the enhancement of facilita-
tion of legal traffic and the reduction of border vio-
lence and smuggling.
‘‘(ii) 
PORT-RELATED
ENHANCEMENTS.—The
Attorney General shall grant all revenues available
for expenses above and beyond the costs set forth in
subparagraph (1) to the Councils. These grant funds
shall be spent on enhancements outside the port that
facilitate operation of the port or otherwise enhance
the flow of people or goods across the border.
‘‘(iii) For ports without Border Councils, the
Attorney General or his or her designee shall make
grants of all funds beyond those used for the pur-
poses of subparagraph (1) to other ports.
‘‘(C) The membership of the Councils shall include—
‘‘(i) three State representatives appointed by
the Governor, at least one of which shall represent
business interests;
‘‘(ii) three local representatives appointed by
the Mayor, the County Board of Supervisors, the
Town Council, or other local governing body, as de-
termined by the state; and
‘‘(iii) three Federal representatives, including a
Service representative appointed by the Commis-
sioner; a Customs representative appointed by the
Commissioner of the Customs Service; and a GSA
representative appointed by the Administrator of
General Services.
‘‘(D) The Councils shall be exempt from the require-
ments of the Federal Advisory Committees Act (5 U.S.C.
App.). All Council meetings shall be open to the public.
‘‘(E) States that select ports for participation in the
border services user fee program may withdraw those
ports from the program—
‘‘(i) after amortizing any improvements that
have been made with revenues from the program,
and
‘‘(ii) after providing one year’s notice, to allow
the Federal agencies to comply with the proper pro-
cedures for relocating or terminating inspectors and
other personnel.
‘‘(4) The Attorney General may—
‘‘(A) develop and implement special discounted
fee programs for frequent border crossers;
‘‘(B) adjust the border crossing user fee peri-
odically to compensate for inflation, based on a na-
tional average of the consumer price index, and
other escalation in the cost of carrying out the pur-
poses of this Act; and
‘‘(C) contract with private and public sector en-
tities to collect the fee and require the collection of
the fee to be performed by local bridge, tunnel and
other transportation authorities operating in the
United States, including ferry operators, adjacent to
ports of entry, where such authorities exist. Such
authorities shall be reimbursed for administrative
costs related to collection of the fee.
‘‘(5) Nothing in this section shall be construed to
limit the methods used for fee collection, including out-
bound collection of the fee.
‘‘(6) All of the fees collected under this subsection
shall be deposited as offsetting governmental receipts in
a separate account within the Treasury of the United
States, to be expended in accordance with subsection (2)
of this section. Such account shall be known as the border
services user fee account.
‘‘(7) START-UP COSTS.—The Attorney General is au-
thorized to advance from the working capital fund of the
Department of Justice to the border services user fee ac-
count the funds required to implement the border services
user fee. Receipts from this fee shall be transferred from
the border services user fee account and deposited as off-
setting receipts to the working capital fund of the Depart-
ment of Justice, up to the amount advanced by the fund
to liquidate the advance provided by the Department of
Justice working capital fund.
‘‘(8) EFFECTIVE DATE.—The Attorney General shall
begin collection of the fee in a participating State not later
than twelve months from the date the State notifies the
Attorney General that it has selected ports to participate
in the border services user fee program.
‘‘(9) PENALTIES FOR NONPAYMENT.—The Attorney
General may establish penalties for nonpayment of fees
as determined to be necessary to ensure compliance with
the provisions of this section.
‘‘(10) REGULATIONS.—The Attorney General may
prescribe such rules and regulations as may be necessary
to carry out the provisions of this section.’’.
TITLE VI—MISCELLANEOUS AND
TECHNICAL AMENDMENTS
SEC. 601. ALIEN PROSTITUTION.
Section 2424 of title 18 of the United States Code
is amended by—
(a) in the first paragraph of subsection (a)—
(1) striking ‘‘alien’’;
(2) inserting after ‘‘individual’’ the first
time it appears ‘‘, knowing or in reckless dis-
regard of the fact that said individual is an
alien,’’; and
(3) striking ‘‘within three years after that
individual has entered the United States from
any country, party to the arrangement adopted
July 25, 1902, for the suppression of the white-
slave traffic’’.
(b) in the second paragraph of subsection (a)—
(1) striking ‘‘thirty’’ and inserting ‘‘five
business’’; and
(2) striking ‘‘within three years after that
individual has entered the United States from
any country, party to the said arrangement for
the suppression of the white slave traffic’’.
(c) in the third paragraph of subsection (a),
striking ‘‘two’’ and inserting ‘‘ten’’.
(d) in subsection (b), striking ‘‘.’’ after ‘‘failing
to comply with this section’’ and inserting ‘‘, or for
enforcement of the provisions of section 274A of the
Immigration and Nationality Act, as amended.’’.
SEC. 602. GRANTS TO STATES FOR MEDICAL ASSISTANCE
TO UNDOCUMENTED IMMIGRANTS.
(a) IN GENERAL.—In order to assist States to meet
the costs of providing treatment to certain aliens for emer-
gency medical conditions, there are authorized to be ap-
propriated $150,000,000 for each of fiscal years 1996
through 2000.
(b) ALLOTMENTS.—
(1) From the sums appropriated pursuant to
subsection (a) for a fiscal year, the Secretary of
Health and Human Services shall determine, with
respect to each State with a plan approved under
title XIX of the Social Security Act, an allotment for
each such State which shall be the amount which
bears the same ratio to the amount appropriated for
such fiscal year as the sum of such State’s allot-
ments for fiscal years 1988 through 1994 under sec-
tion 204 of the Immigration Reform and Control
Act of 1986 bears to the total of such allotments for
all the States for such fiscal years.
(2) In the case of any State for which the allot-
ment determined under paragraph (1) for a fiscal
year is less than 1 percent of the amount appro-
priated pursuant to subsection (a) for such year, no
allotment shall be made, and in the case of any
other State which notifies the Secretary that all or
part of its allotment will not be needed for the pur-
pose for which it is available, the State’s allotment
shall be made as determined under paragraph (1),
and then reduced by the unneeded portion. There
shall be allotted to each of the remaining States the
amount determined with respect to each such State
under paragraph (1), together with the additional al-
lotments provided below in this paragraph. The total
of (A) the amount of allotments determined under
paragraph (1) but not made, and (B) the amount of
the reductions under the preceding sentence, shall
also be allotted among each of the remaining States
as follows: the allotment of each such remaining
State shall be increased by an amount which bears
the same ratio to such total as the allotment amount
determined with respect to such State for the fiscal
year involved under paragraph (1) bears to the sum
of such allotment amounts for all such remaining
States for such fiscal year.
(c) USE OF FUNDS.—Payments under this section
may only be used to provide the non-Federal share of ex-
penditures under the State plan approved under title XIX
of the Social Security Act (as required by the last sentence
of section 1902(a) of such Act) for care and services nec-
essary for the treatment of an emergency condition that
are furnished to an alien who is not a qualified alien under
section 250A(c) of the Immigration and Nationality Act.
(d) PAYMENT OF FUNDS.—In order to receive funds
under this section, the State shall certify to the Secretary
that funds will only be used for the purpose described in
subsection (c). Thereafter, the Secretary shall from time
to time make payments to each State from this allotment
under subsection (b)(2). Payments under this section shall
be made to the agency responsible for administering or
supervising the administration of the State’s plan ap-
proved under title XIX of the Social Security Act, and
such payments shall be available to the State for expendi-
ture in accordance with this section in the year allotted
or in any subsequent fiscal year.
(e) DEFINITION.—As used in this section, the term
‘‘State’’ has the meaning given such term, for purposes
of title XIX of the Social Security Act, under section
1101(a)(1) of such Act.
SEC. 603. TECHNICAL CORRECTIONS TO VIOLENT CRIME
CONTROL ACT AND TECHNICAL CORREC-
TIONS ACT.
(a)(1) Section 130003(c)(1) of the Violent Crime
Control Act of 1994, Public Law 103–322, is amended
by striking ‘‘a new subsection (i)’’ and inserting ‘‘a new
subsection (j)’’.
(2) The amendment made by this subsection shall be
effective as if originally included in section 130003(c)(1)
of the Violent Crime Control Act of 1994.
(b)(1) Section 106(d)(1)(D) of the Immigration and
Nationality Act (8 U.S.C. 1105a), as amended by section
130004(b) of the Violent Crime Control Act of 1994, Pub-
lic Law 103–322, is amended by striking ‘‘242A(b)(5)’’
and inserting ‘‘242A(b)(4)’’.
(2) The amendment made by this subsection shall be
effective as if originally included in section 130004(b) of
the Violent Crime Control Act of 1994.
(c)(1) Section ‘‘242A(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1252a(d)(4)), as added by sec-
tion 223 of the Immigration and Nationality Technical
Corrections Act of 1994, Public Law 103–416, is amended
by striking ‘‘without a decision on the merits’’.
(2) The amendment made by this subsection shall be
effective as if originally included in section 223 of Public
Law 103–416.
SEC. 604. EXPEDITIOUS DEPORTATION.
Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994, Public Law 103–416,
is amended by striking the words ‘‘section 242(i) of the
Immigration and Nationality Act (8 U.S.C. 1252(i))’’ and
substituting in lieu thereof, ‘‘sections 242(i) or 242A of
the Immigration and Nationality Act (8 U.S.C. 1252(i)
or 1252a)’’.
SEC. 605. AUTHORIZATION FOR USE OF VOLUNTEERS.
Notwithstanding any other provision of law, the At-
torney General may accept, administer, and utilize gifts
of services from any person for the purpose of providing
administrative assistance to the Immigration and Natu-
ralization Service in administering programs relating to
naturalization, adjudications at ports of entry, and re-
moval of criminal aliens. Nothing in this Section shall re-