section 212(a)(6)(C)(iii) or entitled to any relief from
exclusion.’’.
(b) Section 235 of the Immigration and Nationality
Act (8 U.S.C. 1225) is amended by adding after sub-
section (e) the following new subsection:
‘‘(f) In any action brought for the assessment of pen-
alties for improper entry or re-entry of an alien under sec-
tions 275 and 276 of the Immigration and Nationality
Act, no court shall have jurisdiction to hear claims collat-
erally attacking the validity of orders of exclusion, special
exclusion, or deportation entered under sections 235, 236,
and 242 of the Immigration and Nationality Act.’’.
SEC. 5. IMMIGRATION INSPECTION FEE INCREASE.
(a) Section 286(d) of the Immigration and National-
ity Act (8 U.S.C. 1356) is amended—
(1) by striking out ‘‘$5’’ and inserting in lieu
thereof ‘‘$6’’; and
(2) by adding at the end of the subsection
‘‘Provided, That this subsection shall not apply to
the inspection at designated ports of entry of pas-
sengers arriving by international ferries or vessels on
the Great Lakes and connecting waterways, when
operating on regular schedules.’’.
(b) Section 286(e) of the Immigration and National-
ity Act (8 U.S.C. 1356) is amended by striking out para-
graph (1) and ‘‘(2)’’.
SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUG-
GLING.
(a) Section 274(a)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)(1)) is amended by striking
out ‘‘shall be fined in accordance with title 18, or impris-
oned not more than five years, or both, for each alien in
respect to whom any violation of this paragraph occurs’’
and inserting in lieu thereof ‘‘shall, for each alien in re-
spect to whom any violation of this paragraph occurs, be
fined in accordance with title 18 or (i) in the case of a
violation of subparagraph (A), imprisoned for not more
than ten years, or both, and (ii) in the case of a violation
of subparagraphs (B), (C), or (D), imprisoned for not
more than five years, or both: Provided, That if during
and in relation to the offense the person causes serious
bodily injury (as defined in section 1365 of title 18) to,
or places in jeopardy the life of, any alien, such person
shall be fined in accordance with title 18, or imprisoned
not more than twenty years, or both, and if the death of
any alien results, shall be imprisoned for any term of years
up to life.’’.
(b) Section 274(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)(2)) is amended by striking
out ‘‘or imprisoned not more than five years, or both’’ and
inserting in lieu thereof ‘‘or, in the case of a violation of
subparagraph (B)(ii), imprisoned not more than ten years,
or both; and, in the case of a violation of subparagraph
(B)(i) or (B)(iii), imprisoned not more than five years, or
both.’’.
(c) Section 1324 of title 8 of the United States Code
is amended by adding at the end the following new sub-
section:
‘‘(d) CONSPIRACY.—Whoever conspires to commit
any offense defined in this section shall be subject to the
same penalties as those prescribed for the offense the com-
mission of which was the object of the conspiracy.’’.
SEC. 7. SENTENCING GUIDELINES.
The United States Sentencing Commission shall
promptly promulgate, pursuant to 28 United States Code
994, amendments to the sentencing guidelines to make ap-
propriate increases in the base offense level for offenses
under section 274 of the Immigration and Nationality Act
to reflect the increases in maximum penalties for such of-
fenses in section 6 of this Act.
SEC. 8. EXPANSION OF FORFEITURE PROVISIONS.
Section 274(b) of the Immigration and Nationality
Act of 1952, as amended (8 U.S.C. 1324(b)) is amend-
ed—
(a) by amending paragraph (1) to read:
‘‘(b) SEIZURE AND FORFEITURE.—(1) The following
property shall be subject to seizure and forfeiture: (i) any
conveyance, including any vessel, vehicle, or aircraft,
which has been or is being used in the commission of a
violation of subsection (a); (ii) any property, real or per-
sonal, (A) which constitutes, or is derived from or trace-
able to the proceeds obtained directly or indirectly from
the commission of a violation of subsection (a), or (B)
which is used to facilitate, or is intended to be so used
in the commission of, a violation of subparagraph
(a)(1)(A), except that—
‘‘(A) no property used by any person as a com-
mon carrier in the transaction of business as a com-
mon carrier shall be forfeited under this section, un-
less 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 sections
274A(a)(1) or 274A(a)(2);
‘‘(B) no property shall be forfeited under the
provisions of this section by reason of any act or
omission established by the owner to have been com-
mitted 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;
and
‘‘(C) no property shall be forfeited under the
provisions of this section to the extent of an interest
of the owner, by reason of any act or omission estab-
lished by the owner to have been committed or omit-
ted without the knowledge, consent, or willful blind-
ness of the owner unless 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
property.’’;
(b) in paragraph (2)—
(1) by striking out ‘‘conveyance’’ both places it
appears and inserting in lieu thereof ‘‘property’’;
and
(2) by striking out ‘‘is being used in’’ and in-
serting in lieu thereof ‘‘is being used in, is facilitat-
ing, has facilitated, is facilitating or was intended to
facilitate’’; and
(c) in paragraphs (4) and (5) by striking out ‘‘a con-
veyance’’ and ‘‘conveyance’’ each place the phrase or word
appears and inserting in lieu thereof ‘‘property’’.
SEC. 9. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United State Code, is
amended—
(a) 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),’’;
(b) by striking out ‘‘or’’ after paragraph (l) and
redesignating paragraphs (m), (n), and (o) as para-
graphs (n), (o), and (p), respectively; and
(c) 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-
ality 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);’’.
SEC. 10. RACKETEERING INFLUENCED AND CORRUPT OR-
GANIZATIONS ENFORCEMENT AUTHORITY.
Section 1961(1) of title 18, United States Code, is
amended by striking out ‘‘or’’ before ‘‘(E) any act’’ and
adding after ‘‘Currency and Foreign Transactions Report-
ing Act’’ the following: ‘‘, or (F) any act which is indict-
able under title 8, United States Code, section 1324(a)(1)
(dealing with prohibitions on bringing in and harboring
certain aliens)’’.
SEC. 11. INTERNATIONAL TERRORISM AWARDS.
Section 524(c)(1)(B) of title 28, United States Code,
is amended by inserting ‘‘, or relating to international ter-
rorism as authorized by sections 3071 and 3072 of title
18’’ at the end thereof.
SEC. 12. EFFECTIVE DATE.
These amendments shall be effective upon enactment
or October 1, 1993, whichever occurs later, and shall apply
to aliens who arrive in or seek admission to the United
States on or after such date. Notwithstanding any other
provision of law, the Attorney General may issue interim
final regulations to implement the provisions of these
amendments at any time on or after their effective date,
which regulations may become effective upon publication
without prior notice or opportunity for public comment.
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HR 2836 IH——2