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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Depository Institutions Disaster 
Relief Act of 1993''.

SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT.

    (a) Truth in Lending Act.--During the 180-day period beginning on 
the date of enactment of this Act, the Board of Governors of the 
Federal Reserve System may make exceptions to the Truth in Lending Act 
for transactions within an area in which the President, pursuant to 
section 401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, has determined that a major disaster exists, or within 
an area determined to be eligible for disaster relief under other 
Federal law by reason of damage related to the 1993 flooding of the 
Mississippi River and its tributaries, if the Board determines that the 
exception can reasonably be expected to alleviate hardships to the 
public resulting from such disaster that outweigh possible adverse 
effects.
    (b) Expedited Funds Availability Act.--During the 180-day period 
beginning on the date of enactment of this Act, the Board of Governors 
of the Federal Reserve System may make exceptions to the Expedited 
Funds Availability Act for depository institution offices located 
within any area referred to in subsection (a) of this section if the 
Board determines that the exception can reasonably be expected to 
alleviate hardships to the public resulting from such disaster that 
outweigh possible adverse effects.
    (c) Time Limit on Exceptions.--Any exception made under this 
section shall expire not later than the earlier of--
            (1) 1 year after the date of enactment of this Act; or
            (2) 1 year after the date of any determination referred to 
        in subsection (a).
    (d) Publication Required.--The Board of Governors of the Federal 
Reserve System shall publish in the Federal Register a statement that--
            (1) describes any exception made under this section; and
            (2) explains how the exception can reasonably be expected 
        to produce benefits to the public that outweigh possible 
        adverse effects.

SEC. 3. DEPOSIT OF INSURANCE PROCEEDS.

    (a) In General.--The appropriate Federal banking agency may, by 
order, permit an insured depository institution, during the 18-month 
period beginning on the date of enactment of this Act, to subtract from 
the institution's total assets, in calculating compliance with the 
leverage limit prescribed under section 38 of the Federal Deposit 
Insurance Act, an amount not exceeding the qualifying amount 
attributable to insurance proceeds, if the agency determines that--
            (1) the institution--
                    (A) had its principal place of business within an 
                area in which the President, pursuant to section 401 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act, has determined that a major disaster 
                exists, or within an area determined to be eligible for 
                disaster relief under other Federal law by reason of 
                damage related to the 1993 flooding of the Mississippi 
                River and its tributaries, on the day before the date 
                of any such determination;
                    (B) derives more than 60 percent of its total 
                deposits from persons who normally reside within, or 
                whose principal place of business is normally within, 
                areas of intense devastation caused by the major 
                disaster;
                    (C) was adequately capitalized (as defined in 
                section 38 of the Federal Deposit Insurance Act) before 
                the major disaster; and
                    (D) has an acceptable plan for managing the 
                increase in its total assets and total deposits; and
            (2) the subtraction is consistent with the purpose of 
        section 38 of the Federal Deposit Insurance Act.
    (b) Definitions.--For purposes of this section:
            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the same meaning as 
        in section 3 of the Federal Deposit Insurance Act.
            (2) Insured depository institution.--The term ``insured 
        depository institution'' has the same meaning as in section 3 
        of the Federal Deposit Insurance Act.
            (3) Leverage limit.--The term ``leverage limit'' has the 
        same meaning as in section 38 of the Federal Deposit Insurance 
        Act.
            (4) Qualifying amount attributable to insurance proceeds.--
        The term ``qualifying amount attributable to insurance 
        proceeds'' means the amount (if any) by which the institution's 
        total assets exceed the institution's average total assets 
        during the calendar quarter ending before the date of any 
        determination referred to in subsection (a)(1)(A), because of 
        the deposit of insurance payments or governmental assistance 
        made with respect to damage caused by, or other costs resulting 
        from, the major disaster.

SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS.

    (a) In General.--During the 180-day period beginning on the date of 
enactment of this Act, a qualifying regulatory agency may take any of 
the following actions with respect to depository institutions or other 
regulated entities whose principal place of business is within, or with 
respect to transactions or activities within, an area in which the 
President, pursuant to section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, has determined that a major 
disaster exists, or within an area determined to be eligible for 
disaster relief under other Federal law by reason of damage related to 
the 1993 flooding of the Mississippi River and its tributaries, if the 
agency determines that the action would facilitate recovery from the 
major disaster:
            (1) Procedure.--Exercising the agency's authority under 
        provisions of law other than this section without complying 
        with--
                    (A) any requirement of section 553 of title 5, 
                United States Code; or
                    (B) any provision of law that requires notice or 
                opportunity for hearing or sets maximum or minimum time 
                limits with respect to agency action.
            (2) Publication requirements.--Making exceptions, with 
        respect to institutions or other entities for which the agency 
        is the primary Federal regulator, to--
                    (A) any publication requirement with respect to 
                establishing branches or other deposit-taking 
                facilities; or
                    (B) any similar publication requirement.
    (b) Publication Required.--A qualifying regulatory agency shall 
publish in the Federal Register a statement that--
            (1) describes any action taken under this section; and
            (2) explains the need for the action.
    (c) Qualifying Regulatory Agency Defined.--For purposes of this 
section, the term ``qualifying regulatory agency'' means--
            (1) the Board of Governors of the Federal Reserve System;
            (2) the Comptroller of the Currency;
            (3) the Director of the Office of Thrift Supervision;
            (4) the Federal Deposit Insurance Corporation;
            (5) the Financial Institutions Examination Council;
            (6) the National Credit Union Administration; and
            (7) with respect to chapter 53 of title 31, United States 
        Code, the Secretary of the Treasury.

SEC. 5. STUDY; REPORT TO THE CONGRESS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study that--
            (1) examines how the agencies and entities granted 
        authority by the Depository Institutions Disaster Relief Act of 
        1992 and by this Act have exercised such authority;
            (2) evaluates the utility of such Acts in facilitating 
        recovery from disasters consistent with the safety and 
        soundness of depository institutions; and
            (3) contains recommendations with respect to whether the 
        authority granted by this Act should be made permanent.
    (b) Report to the Congress.--Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the Congress a report on the results of 
the study required by subsection (a).

SEC. 6. SENSE OF THE CONGRESS.

    It is the sense of the Congress that the Board of Governors of the 
Federal Reserve System, the Comptroller of the Currency, the Director 
of the Office of Thrift Supervision, the Federal Deposit Insurance 
Corporation, and the National Credit Union Administration should 
encourage depository institutions meet the financial services needs of 
their communities and customers located in areas affected by the 1993 
flooding of the Mississippi River and its tributaries.

SEC. 7. OTHER AUTHORITY NOT AFFECTED.

    Nothing in this Act limits the authority of any department or 
agency under any other provision of law.

            Passed the House of Representatives August 2, 1993.

            Attest:






                                                                 Clerk.
Depository Institutions Disaster Relief Act of 1993 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions for a specified period of time to the Truth in Lending Act and to the Expedited Funds Availability Act with respect to transactions and depository institutions located within either a federally declared major disaster area or certain areas damaged by the 1993 flooding of the Mississippi River and its tributaries (disaster areas). 
Cites conditions under which:  (1) an insured depository institution may subtract from its total assets a specified amount attributable to insurance proceeds when it is calculating compliance with prescribed leverage limits; and (2) a qualifying regulatory agency may deviate from certain statutory requirements with respect to regulated entities located in disaster areas. 
Directs the Comptroller General to study and report to the Congress on the efficacy of certain disaster relief Acts with respect to facilitating recovery from major disasters. 
Expresses the sense of the Congress that specified Federal banking regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1993 flooding of the Mississippi River and its tributaries.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security Enhancement Act of 
2006''.

                TITLE I--ALIEN SMUGGLER PROSECUTION ACT

SEC. 101. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS.

    (a) Findings.--The Congress finds as follows:
            (1) Recent experience shows that alien smuggling is 
        flourishing, is increasingly violent, and is highly profitable.
            (2) Alien smuggling operations also present terrorist and 
        criminal organizations with opportunities for smuggling their 
        members into the United States practically at will.
            (3) Alien smuggling is a lucrative business. Each year, 
        criminal organizations that smuggle or traffic in persons are 
        estimated to generate $9,500,000,000 in revenue worldwide.
            (4) Alien smuggling frequently involves dangerous and 
        inhumane conditions for smuggled aliens. Migrants are 
        frequently abused or exploited, both during their journey and 
        upon reaching the United States. Consequently, aliens smuggled 
        into the United States are at significant risk of physical 
        injury, abuse, and death.
            (5) Notwithstanding that alien smuggling poses a risk to 
        the United States as a whole, uniform guidelines for the 
        prosecution of smuggling offenses are not employed by the 
        various United States attorneys. Understanding that border-area 
        United States attorneys face an overwhelming workload, a lack 
        of sufficient prosecutions by certain United States attorneys 
        has encouraged additional smuggling, and demoralized Border 
        Patrol officers charged with enforcing our anti-smuggling laws.
    (b) Sense of Congress.--It is the sense of the Congress that the 
Attorney General should adopt, not later than 3 months after the date 
of the enactment of this Act, uniform guidelines for the prosecution of 
smuggling offenses to be followed by each United States attorney in the 
United States.
    (c) Additional Personnel.--In each of the fiscal years 2008 through 
2013, the Attorney General shall, subject to the availability of 
appropriations, increase by not less than 20 the number of attorneys in 
the offices of United States attorneys employed to prosecute cases 
under section 274 of the Immigration and Nationality Act (8 U.S.C. 
1324), as compared to the previous fiscal year.

                  TITLE II--CRIMINAL ALIEN REMOVAL ACT

SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL 
              GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality 
Act (8 U.S.C. 1228(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security in the exercise of 
                discretion''; and
                    (B) by striking ``set forth in this subsection or'' 
                and inserting ``set forth in this subsection, in lieu 
                of removal proceedings under'';
            (2) in paragraph (3), by striking ``paragraph (1) until 14 
        calendar days'' and inserting ``paragraph (1) or (3) until 7 
        calendar days'';
            (3) by striking ``Attorney General'' each place it appears 
        in paragraphs (3) and (4) and inserting ``Secretary of Homeland 
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and 
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in 
                the Attorney General's discretion'' and inserting ``the 
                Secretary of Homeland Security or the Attorney General 
                may grant, in the discretion of the Secretary or 
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) The Secretary of Homeland Security in the exercise of 
        discretion may determine inadmissibility under section 
        212(a)(2) (relating to criminal offenses) and issue an order of 
        removal pursuant to the procedures set forth in this 
        subsection, in lieu of removal proceedings under section 240, 
        with respect to an alien who--
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act but shall not 
apply to aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act as of such date.

            TITLE III--BORDER TUNNEL PREVENTION ACT OF 2006

SEC. 301. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Border tunnels and passages
    ``(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by the Bureau 
of Immigration and Customs Enforcement, shall be imprisoned for not 
more than 20 years.
    ``(b) Any person who recklessly permits the construction or use of 
a tunnel or passage described in subsection (a) on land that the person 
owns or controls shall be imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation of 
section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organization 
(as defined in section 212(a)(3)(B)(vi) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to twice 
the penalty that would have otherwise been imposed had the unlawful 
activity not made use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 554. Border tunnels and passages.''.
    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ``554,'' before ``1425,''.

SEC. 302. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate or amend 
sentencing guidelines to provide for increased penalties for persons 
convicted of offenses described in section 554 of title 18, United 
States Code, as added by section 301.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines, policy 
        statements, and official commentary reflect the serious nature 
        of the offenses described in section 554 of title 18, United 
        States Code, and the need for aggressive and appropriate law 
        enforcement action to prevent such offenses;
            (2) provide adequate base offense levels for offenses under 
        such section;
            (3) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a tunnel or passage described in 
                subsection (a) of such section to facilitate other 
                felonies; and
                    (B) the circumstances for which the sentencing 
                guidelines currently provide applicable sentencing 
                enhancements;
            (4) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines, and statutes;
            (5) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (6) ensure that the sentencing guidelines adequately meet 
        the purposes of sentencing set forth in section 3553(a)(2) of 
        title 18, United States Code.
Border Security Enhancement Act of 2006 - Expresses the sense of Congress that the Attorney General should adopt uniform guidelines for the prosecution of smuggling offenses.

Directs the Attorney General, subject to the availability of appropriations, to increase the number of U.S. attorneys employed to prosecute alien smuggling cases by at least 20 in each of FY2008-FY2013.

Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to determine inadmissibility based on criminal grounds under an expedited removal process for an alien who: (1) has not been admitted or paroled; (2) has not been found to have a credible fear of persecution; and (3) is not eligible for a waiver of inadmissibility or relief from removal.

Authorizes the Secretary to execute an order of removal seven days (currently, 14 days) after it's issuance.

Amends the federal criminal code to prohibit the knowing construction or financing of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country.

Imposes a 20-year maximum prison term for such offense. Imposes a 10-year maximum prison term on any person who recklessly permits the construction or use of such a tunnel or passage on land that such person owns or controls.

Doubles penalties for persons who use such a tunnel or passage to unlawfully smuggle an alien, illegal goods, controlled substances, weapons of mass destruction, or members of a terrorist organization.

Subjects to forfeiture any property involved in, or traceable to, the construction or financing of such a tunnel or passage.

Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of criminal offenses related to the construction or financing of such a tunnel or passage.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Residual Radioactive Contamination 
Compensation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Beginning in the early 1940s, the Department of Energy 
        and its predecessors, the Atomic Energy Commission and the 
        Manhattan Engineering District, relied upon hundreds of 
        private-sector factories and laboratories to develop, test, and 
        produce atomic weapons for use by the military, and these 
        facilities became contaminated with radioactive materials 
        during the atomic weapons production process.
            (2) The Energy Employees Occupational Illness Compensation 
        Program Act of 2000 (in this section referred to as 
        ``EEOICPA'') provides health care and lump-sum benefits for 
        radiation-related cancers and other illnesses to certain 
        covered workers made sick while they toiled in the nation's 
        nuclear weapons factories, including vendor facilities. EEOICPA 
        defines these private-sector vendor facilities as ``atomic 
        weapons employer facilities'', and employees working in such 
        facilities while their employers were under contract to process 
        nuclear weapons materials are defined as ``atomic weapons 
        employees''.
            (3) Many of the atomic weapons employer facilities were not 
        properly decontaminated after processing radioactive materials 
        such as thorium, uranium, and radium and retained significant 
        levels of contamination. Workers who were hired and employed in 
        such atomic weapons employer facilities after the date that 
        contracts ended for production were potentially exposed to 
        significant amounts of radiation. Congress was not aware of the 
        presence of residual radioactive contamination in these 
        facilities when it enacted EEOICPA, thus inadvertently denying 
        coverage under the law to those who were unwittingly exposed to 
        radiation left over from nuclear weapons activities.
            (4) In December 2001, the National Defense Authorization 
        Act for Fiscal Year 2002 (Public Law 107-107) was enacted, 
        which required in section 3151(b) that the National Institute 
        for Occupational Safety and Health study and issue a final 
        report to Congress by December 2002 describing which of the 
        atomic weapons employer facilities had significant residual 
        radioactive contamination remaining in them after processing 
        materials for use in atomic weapons and during what time 
        periods such radioactive contamination remained.
            (5) In October 2003, the Institute issued a report, titled 
        ``Report on Residual Radioactive and Beryllium Contamination in 
        Atomic Weapons Employer and Beryllium Vendor Facilities''. The 
        report found that, out of 219 atomic weapons employer 
        facilities--
                    (A) 97 (44 percent) of such facilities have 
                potential for significant residual radioactive 
                contamination outside of the periods in which atomic 
                weapons-related production occurred;
                    (B) 88 (40 percent) of such facilities have little 
                potential for significant residual radioactive 
                contamination outside of the periods in which atomic 
                weapons-related production occurred; and
                    (C) 34 (16 percent) of such facilities have 
                insufficient information to make a determination.
            (6) Congress is now aware that workers were employed in a 
        substantial number of atomic weapons employer facilities years 
        after the Manhattan Project ended. These workers were 
        potentially harmed by legacy residual radioactive contamination 
        that permeated the walls, the floors, and the air of their 
        worksites well after the Atomic Energy Commission and the 
        Department of Energy terminated contracts for production 
        activities. This exposure to residual radioactive contamination 
        took place without the knowledge or consent of these workers.
            (7) Congress therefore declares that, based on the 
        scientific assessment by the Institute, those workers hired and 
        employed in such facilities during the period after Cold War 
        production stopped but during which the Institute found there 
        was significant residual radioactive contamination should be 
        defined as ``atomic weapons employees'' under EEOICPA, should 
        be eligible to apply for compensation under subtitle B of 
        EEOICPA, and should have their claims evaluated on the same 
        basis as those atomic weapons employees who were employed 
        during the period when processing of radioactive materials was 
        underway as part of the atomic weapons program.

SEC. 3. COVERAGE UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
              COMPENSATION PROGRAM OF INDIVIDUALS EMPLOYED AT ATOMIC 
              WEAPONS EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL 
              CONTAMINATION.

    Paragraph (3) of section 3621 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended 
to read as follows:
            ``(3) The term `atomic weapons employee' means any of the 
        following:
                    ``(A) An individual employed at an atomic weapons 
                employer facility during a period when the employer was 
                processing or producing, for the use by the United 
                States, material that emitted radiation and was used in 
                the production of an atomic weapon, excluding uranium 
                mining and milling.
                    ``(B) An individual employed--
                            ``(i) at an atomic weapons employer 
                        facility with respect to which the National 
                        Institute for Occupational Safety and Health, 
                        in its report dated October 2003 and titled 
                        `Report on Residual Radioactive and Beryllium 
                        Contamination at Atomic Weapons Employer 
                        Facilities and Beryllium Vendor Facilities', or 
                        any update to that report, found that there is 
                        a potential for significant residual 
                        contamination outside of the period in which 
                        weapons-related production occurred; and
                            ``(ii) during a period, as specified in 
                        such report or any update to such report, of 
                        significant residual contamination at that 
                        facility.''.

SEC. 4. UPDATE TO REPORT.

    In each of 2005, 2006, and 2007, the Director of the National 
Institute for Occupational Safety and Health shall submit to Congress, 
not later than December 31 of that year, an update to the report 
required by section 3151(b) of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 42 U.S.C. 7384 note). Each 
such update shall--
            (1) for each facility for which such report, or any update 
        to such report, found that insufficient information was 
        available to determine whether significant residual 
        contamination was present, determine whether significant 
        residual contamination was present;
            (2) for each facility for which such report, or any update 
        to such report, found that significant residual contamination 
        remained present as of the date of the report, determine the 
        date on which such contamination ceased to be present;
            (3) for each facility for which such report, or any update 
        to such report, found that significant residual contamination 
        was present but for which the Director has been unable to 
        determine the extent to which such contamination is 
        attributable to beryllium or atomic weapons-related activities, 
        identify the specific dates of coverage attributable to such 
        activities and, in so identifying, presume that such 
        contamination is attributable to such activities until there is 
        evidence of decontamination of residual contamination 
        identified with beryllium or atomic weapons-related activities; 
        and
            (4) if new information that pertains to the report has been 
        made available to the Director since that report was submitted, 
        identify and describe such information.

SEC. 5. PUBLICATION IN FEDERAL REGISTER.

    The Director shall ensure that the report referred to in section 4, 
and each update required by section 4, are published in the Federal 
Register not later than 15 days after being released.

Residual Radioactive Contamination Compensation Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to cover individual employees: (1) at an atomic weapons employer facility with respect to which the National Institute for Occupational Safety and Health found a potential for residual contamination outside of the period in which weapons-related production occurred; and (2) during a period of significant residual contamination at such facility.

Instructs the Director of the National Institute for Occupational Safety and Health to submit to Congress updated reports regarding residual contamination in such facilities and the employees working in them while their employers were under Federal contract to process nuclear weapons materials.