SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY
ARRIVALS.
The Attorney General is authorized to require, by
regulation, not less than 24 hour advance notice to the
Immigration and Naturalization Service of the intention
of any vessel to arrive at any port of entry.
SEC. 106. BORDER CROSSING FEE.
The Commissioner shall collect a user fee for each
entry into the United States by land after December 31,
1995. The amount of the fee to be charged shall be deter-
mined by the Commission and the Attorney General and
such amount (rounded to the nearest whole dollar) shall
not exceed the current fee charged to persons entering the
United States by air. The Commissioner by regulation
may establish a reduced fee or a multiple-crossing fee for
frequent border crossers.
SEC. 107. BORDER CONTROL TRUST FUND.
There is established a Border Control Trust Fund
(‘‘Fund’’) under the control of the Commissioner. The fees
collected under section 106 shall be deposited into the
Fund. Amounts deposited into the Fund and the earnings
thereon shall be expended by the Commissioner exclusively
for (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, (3) depor-
tation of aliens, (4) construction and operation of facilities
used to detain individuals who have entered the United
States illegally at the border including the mandate costs
necessary to fully utilize INS Service Processing Center
facilities, available local and State facilities, and available
contract facilities, and (5) financial and other assistance
to State and local law enforcement agencies that have en-
tered into cooperative arrangements with the Immigration
and Naturalization Service. Not less than 80 percent of
the sum of (a) amounts deposited into the Fund during
a fiscal year and (b) the earnings of the Fund during that
fiscal year shall be expended during that or the subsequent
fiscal year.
TITLE II—ALIEN SMUGGLING
SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR
HARBORING ILLEGAL ALIENS.
(a) IN GENERAL.—Paragraph (1) of section 274(b)
of the Immigration and Nationality Act (8 U.S.C.
1324(b)) is amended to read as follows:
‘‘(1)(A) Except as provided in subparagraph (B), the
following property shall be subject to seizure and forfeit-
ure:
‘‘(i) Any conveyance, including any vessel, vehi-
cle, or aircraft, which has been or is being used in
the commission of a violation of subsection (a).
‘‘(ii) Any property, real or personal, which—
‘‘(I) constitutes, or is derived from or
traceable to, the proceeds obtained directly or
indirectly from the commission of a violation of
subsection (a), or
‘‘(II) is used to facilitate, or is intended to
be so used in the commission of, a violation of
subsection (a)(1)(A).
‘‘(B)(i) No property used by any person as a common
carrier in the transaction of business as a common carrier
shall be forfeited under this section, unless the owner or
other person with lawful custody of the property was a
consenting party to or privy to the violation of subsection
(a) or of section 274A(a)(1) or 274A(a)(2).
‘‘(ii) No property shall be forfeited under the provi-
sions of this section by reason of any act or omission es-
tablished by the owner to have been committed or omitted
by a person other than the owner while the 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.
‘‘(iii) No property shall be forfeited under the provi-
sions of this section to the extent of an interest of the
owner, by reason of any act or omission established by
the owner to have been committed or omitted without the
knowledge, consent, or willful disregard of the owner, un-
less the act or omission was committed or omitted by an
employee or agent of the owner or other person with lawful
custody of the property with the intent of furthering the
business interests of, or to confer any other benefit upon,
the owner or other person with lawful custody of the prop-
erty.’’.
(b) CONFORMING AMENDMENTS.—Section 274(b) of
such Act (8 U.S.C. 1324(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘conveyance’’ and inserting
‘‘property’’ each place it appears, and
(B) by striking ‘‘is being used in’’ and in-
serting ‘‘is being used in, is facilitating, has fa-
cilitated, is facilitating or was intended to facili-
tate’’; and
(2) in paragraphs (4) and (5), by striking ‘‘a
conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’
and inserting ‘‘property’’ each place it appears.
SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER-
ING ACTIVITY FOR PURPOSES OF RACK-
ETEERING INFLUENCED AND CORRUPT OR-
GANIZATIONS 
(RICO) 
ENFORCEMENT 
AU-
THORITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘(E) any act’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
section 274(a)(1) of the Immigration and National-
ity Act (relating to alien smuggling)’’.
SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN
SMUGGLING 
AND 
FOR 
EMPLOYERS 
WHO
KNOWINGLY EMPLOY SMUGGLED ALIENS.
Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph
(C),
(2) by striking the comma at the end of sub-
paragraph (D) and inserting ‘‘; or’’,
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) contracts or agrees with another party for
that party to provide, for employment by the person
or another, an alien who is not authorized to be em-
ployed in the United States, knowing that such
party intends to cause such alien to be brought into
the United States in violation of the laws of the
United States,’’, and
(4) by striking ‘‘five years’’ and inserting ‘‘ten
years’’.
SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United State Code, is
amended—
(1) in paragraph (c) by inserting after ‘‘weap-
ons),’’ the following: ‘‘or a felony violation of section
1028 (relating to production of false identification
documentation), section 1542 (relating to false
statements in passport applications), section 1546
(relating to fraud and misuse of visas, permits, and
other documents),’’;
(2) by striking out ‘‘or’’ after paragraph (l) and
redesignating paragraphs (m), (n), and (o) as para-
graphs (n), (o), and (p), respectively; and
(3) by inserting after paragraph (l) the follow-
ing 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 Nation-