[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2197 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2197

    To amend the Immigration and Nationality Act to control illegal 
    immigration to the United States, reduce incentives for illegal 
 immigration, reform asylum procedures, strengthen criminal penalties 
       for the smuggling of aliens, and reform other procedures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 15 (legislative day, June 7), 1994

Mrs. Feinstein 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 control illegal 
    immigration to the United States, reduce incentives for illegal 
 immigration, reform asylum procedures, strengthen criminal penalties 
       for the smuggling of aliens, and reform other procedures.

    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 ``Illegal Immigration Control and 
Enforcement Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
          TITLE I--ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT

    Part A--Expanded Border Patrol, Support, Training, and Resources

Sec. 111. Border patrol expansion and deployment.
Sec. 112. Hiring preference for bilingual border patrol agents.
Sec. 113. Improved border patrol training.
Sec. 114. Technology and equipment transfer to the Department of 
                            Justice.
 Part B--Expanded Border Inspection Personnel, Support, and Facilities

Sec. 121. Additional land border inspectors.
Sec. 122. Improvement of border crossing infrastructure.
                   Part C--Detention and Deportation

Sec. 131. Enhancing penalties for failing to depart, or reentering, 
                            after final order of deportation.
Sec. 132. Civil penalties for failure to depart.
Sec. 133. Form of deportation hearings.
Sec. 134. Interior repatriation and multiple reentry deterrence pilot 
                            program.
Sec. 135. Judicial review.
Sec. 136. Communications between federally funded government agencies 
                            and the Immigration and Naturalization 
                            Service.
        Part D--Enhanced Criminal Alien Deportation and Transfer

Sec. 141. Expansion in definition of ``aggravated felony''.
Sec. 142. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 143. Judicial deportation.
Sec. 144. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 145. Construction of expedited deportation requirements.
Sec. 146. Negotiations for international agreements.
Sec. 147. Denial of discretionary relief to aliens convicted of 
                            aggravated felonies.
Sec. 148. Annual report.
Sec. 149. Use of legalization information for criminal prosecution 
                            purposes.
           TITLE II--ILLEGAL IMMIGRATION INCENTIVE REDUCTION

                    Part A--Public Benefits Control

Sec. 211. Ineligibility for certain direct Federal benefits.
Sec. 212. Limits on benefits to sponsored immigrants.
Sec. 213. Sponsorship enhancement.
Sec. 214. Authority to States and localities to limit assistance to 
                            aliens and to distinguish among classes of 
                            aliens in providing general public 
                            assistance.
                   Part B--Employer Sanctions Support

Sec. 221. Additional Immigration and Naturalization Service 
                            investigators.
                  Part C--Enhanced Wage and Hour Laws

Sec. 231. Increased personnel levels for the labor department.
Sec. 232. Increased number of assistant United States attorneys.
                   Part D--Authorization Verification

Sec. 241. Work authorization verification.
          TITLE III--ENHANCED SMUGGLING CONTROL AND PENALTIES

Sec. 301. Increased penalties for alien smuggling.
Sec. 302. Death penalty procedures.
Sec. 303. Smuggling aliens for commission of crimes.
Sec. 304. Adding alien smuggling to RICO.
Sec. 305. Expanded forfeiture for smuggling or harboring illegal 
                            aliens.
Sec. 306. Wiretap authority for alien smuggling investigations.
Sec. 307. Effective date.
            TITLE IV--ADMISSIONS AND DOCUMENT FRAUD CONTROL

                   Part A--Port of Entry Inspections

Sec. 411. Restrictions on admissions fraud.
Sec. 412. Special port of entry exclusion for admissions fraud.
Sec. 413. Judicial review.
Sec. 414. Effective date.
                       Part B--Enhanced Penalties

Sec. 421. Increased penalties for document fraud.
Sec. 422. Penalties for failure to disclose role as preparer of 
                            fraudulent documents.
Sec. 423. Civil penalties for fraud, misrepresentation, and failure to 
                            present documents.
Sec. 424. Effective date.
                         TITLE V--ASYLUM REFORM

Sec. 501. Penalties for frivolous applications.
Sec. 502. Asylum and work authorization.
Sec. 503. Resources to address asylum backlog.
Sec. 504. Reduction of incentive to delay proceedings.
Sec. 505. Partial revocation of Executive order.
                   TITLE VI--BORDER CROSSING USER FEE

Sec. 601. Imposition of fees.

          TITLE I--ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT

    PART A--EXPANDED BORDER PATROL, SUPPORT, TRAINING, AND RESOURCES

SEC. 111. BORDER PATROL EXPANSION AND DEPLOYMENT.

    (a) Increased Personnel.--The Attorney General, in each of the 
fiscal years 1995, 1996, and 1997 shall increase by no fewer than 700, 
and by an appropriate amount the number of personnel needed to support, 
the number of full-time, active-duty Border Patrol agents within the 
Immigration and Naturalization Service above the numbers of such agents 
hired in fiscal year 1994.
    (b) Deployment of Personnel.--The Attorney General shall, to the 
maximum extent practicable, ensure that the personnel hired pursuant to 
subsection (a) shall be deployed among the various Immigration and 
Naturalization Service sectors in proportion to the level of illegal 
intrusion measured in each sector during the preceding fiscal year, and 
shall be actively engaged in (or in support of) law enforcement 
activities related to the illegal crossing of the United States' 
borders.

SEC. 112. HIRING PREFERENCE FOR BILINGUAL BORDER PATROL AGENTS.

    The Attorney General shall, in hiring the Border Patrol Agents 
specified in section 111(a), give priority to the employment of 
multilingual candidates who are proficient in both English and such 
other language or languages as may be spoken in the region in which 
such Agents are likely to be deployed.

SEC. 113. IMPROVED BORDER PATROL TRAINING.

    (a) Improvement.--Section 103 of the Immigration and Nationality 
Act (8 U.S.C. 1103) is amended by adding at the end the following new 
subsection:
    ``(e)(1) The Attorney General shall ensure that all Border Patrol 
personnel, and any other personnel of the Service who are likely to 
have contact with undocumented or improperly documented persons, or 
other immigrants, in the course of their official duties, receive in-
service training adequate to ensure that all such personnel respect the 
civil rights, personal safety, and human dignity of such persons at all 
times.
    ``(2) The Attorney General shall ensure that the annual report to 
Congress of the Service--
            ``(A) describes in detail actions taken by the Attorney 
        General to meet the requirement set forth in paragraph (1);
            ``(B) incorporates specific findings by the Attorney 
        General with respect to the nature and scope of any verified 
        incident of conduct by Border Patrol personnel that--
                    ``(i) was not consistent with paragraph (1); and
                    ``(ii) was not described in a previous annual 
                report; and
            ``(C) sets forth specific recommendations for preventing 
        any similar incident in the future.''.

SEC. 114. TECHNOLOGY AND EQUIPMENT TRANSFER TO THE DEPARTMENT OF 
              JUSTICE.

    In order to facilitate or improve the detection, interdiction, and 
reduction by the Immigration and Naturalization Service of illegal 
immigration into the United States, the Attorney General is authorized 
to acquire and utilize any Federal equipment (including, but not 
limited to, fixed wing aircraft, helicopters, four-wheel drive 
vehicles, sedans, night vision goggles, night vision scopes, and sensor 
units) determined available for transfer to the Department of Justice 
by any other agency of the Federal Government upon request of the 
Attorney General.

 PART B--EXPANDED BORDER INSPECTION PERSONNEL, SUPPORT, AND FACILITIES

SEC. 121. ADDITIONAL LAND BORDER INSPECTORS.

    (a) Increased Personnel.--In order to eliminate undue delay in the 
thorough inspection of persons and vehicles lawfully attempting to 
enter the United States, the Attorney General and Secretary of the 
Treasury shall increase, by approximately equal numbers in each of the 
fiscal years 1995 and 1996, the number of full-time land border 
inspectors assigned to active duty by the Immigration and 
Naturalization Service and the United States Customs Service to a level 
adequate to assure full staffing of all border crossing lanes now in 
use, under construction, or whose construction has been authorized by 
Congress.
    (b) Deployment of Personnel.--The Attorney General and the 
Secretary of the Treasury shall, to the maximum extent practicable, 
ensure that the personnel hired pursuant to subsection (a) shall be 
deployed among the various Immigration and Naturalization Service 
sectors in proportion to the number of land border crossings measured 
in each such sector during the preceding fiscal year.

SEC. 122. IMPROVEMENT OF BORDER CROSSING INFRASTRUCTURE.

    (a) Identification of Necessary Improvements.--Not later than March 
1, 1995, the Attorney General shall, in consultation with the Secretary 
of the Treasury, identify those physical improvements to the 
infrastructure of the international land borders of the United States 
necessary to expedite the inspection of persons and vehicles attempting 
to lawfully enter the United States in accordance with existing 
policies and procedures of the Immigration and Naturalization Service, 
the United States Customs Service, and the Drug Enforcement Agency.
    (b) Implementation of Recommendations.--Not later than March 1, 
1995, the Attorney General shall begin implementation of the projects 
(or securing any necessary approval) for the physical improvements 
referred to in subsection (a). Such improvements to the infrastructure 
of the land border of the United States shall be substantially 
completed and fully funded in those portions of the country where the 
Attorney General, in consultation with the Committees on the Judiciary 
of the House of Representatives and the Senate, objectively determines 
the need to be greatest before the Attorney General may obligate funds 
for construction of any improvement otherwise located.

                   PART C--DETENTION AND DEPORTATION

SEC. 131. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, 
              AFTER FINAL ORDER OF DEPORTATION.

    (a) Failure To Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking ``by reason of being a member of any of the 
        classes described in paragraph (2), (3), or (4) of section 
        241(a)'' the first time it appears and inserting ``by reason of 
        being a member of any of the classes described in section 
        212(a) or 241(a)''; and
            (2) by striking ``shall be imprisoned not more than ten 
        years'' and inserting ``shall be imprisoned not more than 4 
        years, except that if the alien is a member of any of the 
        classes described in paragraph (1)(E), (2), (3), or (4) of 
        section 241(a) then the alien shall be imprisoned not more than 
        10 years''.
    (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: ``three or more misdemeanors involving 
                drugs, crimes against the person, or both, or''; and
                    (B) striking ``5'' and inserting ``10''; and
            (2) in paragraph (2), by striking ``15'' and inserting 
        ``20'', and
            (3) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation' includes 
any agreement in which 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 adding at the end the following new subsection:
    ``(c) In any criminal proceeding under this section, an alien may 
not challenge the validity of the deportation order described in 
subsection (a)(1) or subsection (b) unless the alien demonstrates 
that--
            ``(1) the alien has exhausted any administrative remedies 
        that may have been available to seek relief against such order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to offenses occurring after the date of 
enactment of this Act.

SEC. 132. CIVIL PENALTIES FOR FAILURE TO DEPART.

    (a) In General.--Section 274C of the Immigration and Nationality 
Act (8 U.S.C. 1324c) is amended--
            (1) by amending the section heading to read as follows:

   ``penalties for document fraud, failure to depart, and failure to 
                          present documents'';

            (2) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) if such person is an alien--
                    ``(A) to fail or refuse to depart from the United 
                States by the date that final, unappealable orders of 
                exclusion and deportation or deportation become 
                effective against such person; or
                    ``(B) to fail or refuse to voluntarily depart the 
                United States by the date granted by the Attorney 
                General in lieu of a final, unappealable order of 
                deportation,'';
            (3) in subsection (c), by inserting before the period the 
        following: ``or in section 237 or section 242 of this Act'';
            (4) in subsection (d)(3)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``, or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) up to $500 for each day that an alien is in 
                violation of subsection (a)(5)''; and
            (5) by inserting at the end the following new subsection:
    ``(e) Definition.--For the purposes of this section, the term 
`final, unappealable order of deportation' means any order of exclusion 
and deportation or deportation issued by the Attorney General that has 
not been administratively or judicially appealed within the deadlines 
established by this Act or regulations thereunder, or any such order 
the judicial appeal of which has been denied, and which denial has 
become final.''.
    (b) Amendment to the Table of Contents.--The table of contents for 
the Immigration and Nationality Act is amended by amending the item 
relating to section 274C to read as follows:

``Sec. 274C. Civil penalties for failure to depart.''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to violations occurring after the date of enactment of this Act.

SEC. 133. 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 by inserting before the 
period the following: ``, except that nothing in this sentence 
precludes the Attorney General from authorizing proceedings by 
electronic or telephonic media (with the consent of the alien) or, 
where waived or agreed to by the parties, in the absence of the 
alien''.

SEC. 134. INTERIOR REPATRIATION AND MULTIPLE REENTRY DETERRENCE PILOT 
              PROGRAM.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Attorney General, after consultation with 
the Secretary of State, shall establish a pilot program in the San 
Diego sector of the Immigration and Naturalization Service for up to 2 
years to test the effectiveness of interior repatriation in deterring 
multiple unauthorized entries by aliens into the United States.
    (b) Report.--Not later than 24 months after the date of enactment 
of this Act, the Attorney General, together with the Secretary of 
State, shall include a section in the annual report required by section 
148 of this Act on the operation of the pilot program established by 
this section. Such report shall include a recommendation as to whether 
the pilot program or any part thereof should be extended or made 
permanent.

SEC. 135. JUDICIAL REVIEW.

    (a) In General.--Section 106(a) of such Act (8 U.S.C. 1105a(a)) is 
amended by amending paragraph (1) to read as follows:
            ``(1)(A) a petition for review may be filed not later than 
        45 days after the date of the issuance of the final deportation 
        order, or, in the case of an alien convicted of an aggravated 
        felony, not later than 15 days after the issuance of such 
        order;
            ``(B) the alien shall serve and file a brief not later than 
        40 days after the date on which the administrative record is 
        available, and may serve and file a reply brief not later than 
        14 days after service of the brief of the Attorney General, 
        except that the court may extend these deadlines upon motion 
        for good cause shown; and
            ``(C) if an alien fails to file a brief within the time 
        provided in this paragraph, the Attorney General may move to 
        dismiss the appeal, and the court shall grant such motion 
        unless a manifest injustice would result;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to appeals taken after the date of enactment of this Act.

SEC. 136. COMMUNICATIONS BETWEEN FEDERALLY FUNDED GOVERNMENT AGENCIES 
              AND THE IMMIGRATION AND NATURALIZATION SERVICE.

    Notwithstanding any other provision of law, no Federal, State, or 
local government entity receiving Federal funds shall be prohibited or 
in any way restricted from confidentially communicating with the 
Immigration and Naturalization Service regarding the immigration 
status, legal or illegal, of an alien in the United States.

        PART D--ENHANCED CRIMINAL ALIEN DEPORTATION AND TRANSFER

SEC. 141. 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 monetary 
        instruments or property exceeds $100,000;
            ``(E) any offense described in--
                    ``(i) subsections (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 the Internal Revenue Code 
                of 1986 (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) which is punishable by imprisonment for 5 years or 
        more;
            ``(G) any theft offense (including receipt of stolen 
        property) or any burglary offense, in which the value of the 
        property in question exceeds $10,000 and which is punishable by 
        imprisonment for 5 years or more;
            ``(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),
        which is punishable by imprisonment for 5 years or more;
            ``(K) any offense relating to commercial bribery, 
        counterfeiting, forgery or trafficking in vehicles whose 
        identification numbers have been altered, which is punishable 
        by imprisonment for 5 years or more;
            ``(L) any offense that--
                    ``(i) relates to the owning, controlling, managing 
                or supervising of a prostitution business;
                    ``(ii) is described in section 2421, section 2422, 
                or section 2423 of title 18, United States Code 
                (relating to transportation for the purpose of 
                prostitution) for commercial advantage; or
                    ``(iii) is described in sections 1581, 1582, 1583, 
                1584, 1585, or section 1588, of title 18, United States 
                Code (relating to peonage, slavery, and involuntary 
                servitude);
            ``(M) any offense relating to perjury or subornation of 
        perjury which is punishable by imprisonment for 5 years or 
        more;
            ``(N) 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 601 of the National Security Act of 
                1947 (50 U.S.C. 421) (relating to protecting the 
                identity of undercover intelligence agents);
            ``(O) any offense that--
                    ``(i) involves fraud or deceit in which the loss to 
                the victim or victims exceeded $200,000; or
                    ``(ii) is described in section 7201 of the Internal 
                Revenue Code of 1986 (relating to tax evasion), in 
                which the revenue loss to the Government exceeds 
                $200,000;
            ``(P) any offense described in section 274(a)(1) of the 
        Immigration and Nationality Act (relating to alien smuggling) 
        for the purpose of commercial advantage;
            ``(Q) any offense described in section 1546(a) of title 18, 
        United States Code (relating to document fraud), for the 
        purpose of commercial advantage;
            ``(R) 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, which is punishable by imprisonment for 2 
        years or more; or
            ``(S) any attempt or conspiracy to commit an offense 
        described in this paragraph.
The term `aggravated felony' 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 amendment made by this section applies to 
convictions entered before, on, or after the date of enactment of this 
Act.

SEC. 142. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Technical and Conforming Changes.--Section 242A of the 
Immigration and Nationality Act (8 U.S.C. 1252a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In General.--'' and inserting 
                the following:
    ``(b) Deportation of Permanent Resident Aliens.--
            ``(1) In general.--''; 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'';
            (3) by striking subsection (c);
            (4) in subsection (d)--
                    (A) by striking ``(d) Expedited Proceedings.--(1)'' 
                and inserting ``(3) Expedited proceedings.--(A)'';
                    (B) by inserting ``permanent resident'' after ``in 
                the case of any''; and
                    (C) by striking ``(2)'' and inserting ``(B)'';
            (5) in subsection (e)--
                    (A) by striking ``(e) Review.--(1)'' and inserting 
                ``(4) Review.--(A)'';
                    (B) by striking the second sentence; and
                    (C) by striking ``(2)'' and inserting ``(B)''.
            (6) by inserting after the section heading the following 
        new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''; and
            (7) by amending the section heading to read as follows:

 ``expedited deportation of aliens convicted of aggravated felonies''.

    (b) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a), as amended by subsection (a), is further amended by adding at 
the end the following:
    ``(c) 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 deportable under this subsection 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) No alien described in paragraph (2) shall be eligible for any 
relief from deportation that may be granted in the discretion of the 
Attorney General.
    ``(4) The Attorney General may not execute any order described in 
paragraph (1) until 14 days have passed from the date that such order 
was issued, unless waived by the alien, in order to permit the alien an 
opportunity to apply for judicial review under section 106.''.
    (c) 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(c)'' after ``under section 
        242(b)'';
            (2) in subsection (a)(1) and subsection (a)(3), by 
        inserting ``(including an alien described in section 242A(c))'' 
        after ``aggravated felony''; and
            (3) by adding at the end the following new subsection:
    ``(d) Notwithstanding subsection (c), no court shall have 
jurisdiction to hear a petition for review or for habeas corpus on 
behalf of an alien described in section 242A(f) except to determine 
whether the alien is in fact an alien, and the individual alien, 
described in such section.''.
    (d) Amendment to Table of Contents.--The table of contents of the 
Immigration and Nationality Act is amended by amending the item 
relating to section 242A to read as follows:

``Sec. 242A. Expedited deportation of aliens convicted of aggravated 
                            felonies.''.
    (e) 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. 143. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a), as amended by section 142 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be conclusively presumed to be deportable 
        under section 241(a)(2)(A)(iii) (relating to conviction of an 
        aggravated felony), but only if such an order has been 
        requested prior to sentencing by the United States Attorney 
        with the concurrence of the Commissioner.
            ``(2) Procedure.--(A) The United States Attorney shall 
        provide notice of intent to request judicial deportation 
        promptly after the entry in the record of an adjudication of 
        guilt or guilty plea. Such notice shall be provided to the 
        court, to the alien, to the alien's counsel of record, and to 
        the Commissioner.
            ``(B) Notwithstanding section 242B, the United States 
        Attorney, with the concurrence of the Commissioner, shall file 
        at least 20 days prior to the date set for sentencing a charge 
        containing factual allegations regarding the alienage of the 
        defendant and satisfaction by the defendant of the definition 
        of aggravated felony.
            ``(C) If the court determines that the defendant has 
        presented substantial evidence to establish prima facie 
        eligibility for relief from deportation under section 212(c), 
        the Attorney General shall provide the court with a 
        recommendation and report regarding the alien's eligibility for 
        relief under such section. The court shall either grant or deny 
        the relief sought.
            ``(D)(i) The alien shall have a reasonable opportunity to 
        examine the evidence against him or her, to present evidence on 
        his or her own behalf, and to cross-examine witnesses presented 
        by the Government.
            ``(ii) The court, for the purposes of determining whether 
        to enter an order described in paragraph (1), shall only 
        consider evidence that would be admissible in proceedings 
        conducted pursuant to section 242(b).
            ``(iii) Nothing in this subsection shall limit the 
        information a court of the United States may receive or 
        consider for the purposes of imposing an appropriate sentence.
            ``(iv) The court may order the alien deported if the 
        Attorney General demonstrates by clear and convincing evidence 
        that the alien is deportable under this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--(A)(i) A judicial order of deportation or denial 
        of such order may be appealed by either party to the court of 
        appeals for the circuit in which the district court is located.
            ``(ii) Except as provided in clause (iii), such appeal 
        shall be considered consistent with the requirements described 
        in section 106.
            ``(iii) Upon execution by the defendant of a valid waiver 
        of the right to appeal the conviction on which the order of 
        deportation is based, the expiration of the period described in 
        section 106(a)(1), or the final dismissal of an appeal from 
        such conviction, the order of deportation shall become final 
        and shall be executed at the end of the prison term to which 
        the defendant is sentenced in accordance with the term of the 
        order.
            ``(B) As soon as is practicable after entry of a judicial 
        order of deportation, the Attorney General shall provide the 
        defendant with written notice of the order or deportation, 
        which shall designate the country to which the defendant 
        chooses to be deported and any alternate country selected 
        pursuant to section 243(a).
            ``(4) 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 Amendment.--The ninth sentence of section 242(b) of 
the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by 
striking ``The'' and inserting ``Except as provided in section 242A(c) 
and 242A(d), 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. 144. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based 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 ``has served for such felony or 
felonies'' and all that follows through the period and inserting ``has 
been sentenced for such felony or felonies to a term or terms 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) Withholding of Deportation Defense.--Section 243(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''.

SEC. 145. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this title, and nothing in section 242(i) of 
the Immigration and Nationality Act (8 U.S.C. 1252(i)), may be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States, its 
agencies or officers, or against any other person.

SEC. 146. NEGOTIATIONS FOR INTERNATIONAL AGREEMENTS.

    (a) Negotiations With Other Countries.--The Secretary of State, 
together with the Attorney General, may enter into an agreement with 
any foreign country providing for the incarceration in that country of 
any individual who--
            (1) is a national of that country; and
            (2) is an alien who--
                    (A) is not in lawful immigration status in the 
                United States, or
                    (B) on the basis of conviction of a criminal 
                offense under Federal or State law, or on any other 
                basis, is subject to deportation under the Immigration 
                and Nationality Act,
for the duration of the prison term to which the individual was 
sentenced for the offense referred to in subparagraph (B). Any such 
agreement may provide for the release of such individual pursuant to 
parole procedures of that country.
    (b) Priority.--In carrying out subsection (a), the Secretary of 
State should give priority to concluding an agreement with any country 
for which the President determines that the number of individuals 
described in subsection (a) who are nationals of that country in the 
United States represents a significant percentage of all such 
individuals in the United States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 147. DENIAL OF DISCRETIONARY RELIEF TO ALIENS CONVICTED OF 
              AGGRAVATED FELONIES.

    (a) Ineligibility for Suspension of Deportation.--Section 244 of 
the Immigration and Nationality Act (8 U.S.C. 1254) is amended by 
adding at the end the following new subsection:
    ``(g) Suspension of deportation and adjustment of status under 
subsection (a)(2) shall not be available to any alien who has been 
convicted of an aggravated felony.''.
    (b) Application of Exclusion for Drug Offenses.--Section 212(h) of 
the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended in 
the second sentence by inserting ``or any other aggravated felony'' 
after ``torture''.
    (c) Adjustment of Status; Change of Nonimmigrant Classification.--
(1) Section 245(c) of the Immigration and Nationality Act (8 U.S.C. 
1255(c)) is amended--
            (A) by striking ``or'' after ``section 212(d)(4)(C)''; and
            (B) by inserting ``; or (5) an alien who has been convicted 
        of an aggravated felony'' immediately after ``section 217''.
    (2) Section 248 of such Act (8 U.S.C. 1258) is amended--
            (A) by striking ``and'' at the end of paragraph (3);
            (B) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
            ``(5) an alien convicted of an aggravated felony.''.

SEC. 148. ANNUAL REPORT.

    Not later than 12 months after the date of enactment of this Act, 
and annually thereafter, the Attorney General shall submit to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate a report detailing--
            (1) the number of illegal aliens incarcerated in Federal 
        and State prisons for having committed felonies;
            (2) programs and plans underway in the Department of 
        Justice to ensure the prompt removal from the United States of 
        criminal aliens subject to exclusion or deportation; and
            (3) methods for identifying and preventing the unlawful 
        reentry of aliens who have been convicted of criminal offenses 
        in the United States and removed from the United States.

SEC. 149. USE OF LEGALIZATION INFORMATION FOR CRIMINAL PROSECUTION 
              PURPOSES.

    (a) Confidentiality of Information.--Section 245A(c)(5)(C) (8 
U.S.C. 1255a(c)(5)(C)) is amended by amending the text after 
subparagraph (C) to read as follows:
``except that the Attorney General shall provide information furnished 
under this section when such information is requested in writing by a 
duly recognized law enforcement entity in connection with a criminal 
investigation or prosecution, or to an official coroner for purposes of 
affirmatively identifying a deceased individual, whether or not such 
individual is deceased as a result of a crime, or the Attorney General 
may provide, in the Attorney General's discretion, for the furnishing 
of information furnished under this section in the same manner and 
circumstances as census information may be disclosed by the Secretary 
of Commerce under section 8 of title 13, United States Code. Anyone who 
uses, publishes, or permits information to be examined in violation of 
this paragraph shall be fined in accordance with title 18, United 
States Code, or imprisoned not more than five years, or both.''.
    (b) Special Agricultural Workers.--Section 210(b)(6)(C) (8 U.S.C. 
1160(b)(6)(C)) is amended--
            (1) by striking the period at the end of subparagraph (C) 
        and inserting a comma; and
            (2) by adding in full measure margin after subparagraph (C) 
        the following: ``except that the Attorney General shall provide 
        information furnished under this section when such information 
        is requested in writing by a duly recognized law enforcement 
        entity in connection with a criminal investigation or 
        prosecution, or to an official coroner for purposes of 
        affirmatively identifying a deceased individual, whether or not 
        such individual is deceased as a result of a crime.''.
    (c) Effective Date.--The criminal penalty added by subsection (a) 
shall apply to offenses occurring after the date of enactment of this 
Act.

           TITLE II--ILLEGAL IMMIGRATION INCENTIVE REDUCTION

                    PART A--PUBLIC BENEFITS CONTROL

SEC. 211. INELIGIBILITY FOR CERTAIN DIRECT FEDERAL BENEFITS.

    (a) Direct Financial Assistance or Benefits.--
            (1) In general.--Notwithstanding any other provision of 
        law, an unlawful alien (as defined in subsection (d)(2)) shall 
        not be eligible to receive any direct financial assistance or 
        benefits under any Federal program, except--
                    (A) emergency medical services under title XIX of 
                the Social Security Act,
                    (B) short-term emergency disaster relief,
                    (C) assistance or benefits under the National 
                School Lunch Act,
                    (D) assistance or benefits under the Child 
                Nutrition Act of 1966, and
                    (E) public health assistance for immunizations with 
                respect to immunizable diseases and for testing and 
                treatment for communicable diseases.
            (2) Notification of aliens.--The Federal agency 
        administering a program referred to in paragraph (1) shall, 
        directly or through the States, notify any unlawful alien who 
        is receiving benefits under the program on the date of the 
        enactment of this Act and whose eligibility for the program is 
        terminated by reason of this subsection.
    (b) Unemployment Benefits.--
            (1) In general.--Notwithstanding any other provision of 
        law, an alien shall not be eligible to receive any portion of 
        unemployment benefits payable out of Federal funds.
            (2) Limited exception for lawful aliens.--Paragraph (1) 
        shall not apply to any lawful alien (as defined in subsection 
        (d)(1)) who has been granted employment authorization pursuant 
        to Federal law if the unemployment benefits are attributable to 
        the authorized employment.
    (c) Housing Assistance Programs.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Housing and Urban 
Development shall submit a report to the Committees on the Judiciary of 
the Senate and House of Representatives, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and the Committee on Banking, 
Finance and Urban Affairs of the House of Representatives describing 
the manner in which the Secretary is enforcing section 214 of the 
Housing and Community Development Act of 1980 and containing statistics 
with respect to the number of individuals denied financial assistance 
under such section.
    (d) Definitions.--For the purposes of this section--
            (1) Lawful alien.--The term ``lawful alien'' means an 
        individual who is
                    (A) an alien lawfully admitted to the United States 
                for permanent residence,
                    (B) an asylee,
                    (C) a refugee,
                    (D) an alien whose deportation has been withheld 
                under section 243(h) of the Immigration and Nationality 
                Act,
                    (E) a parolee who has been paroled for a period of 
                1 year or more, or
                    (F) a Chinese national described in section 2(b) of 
                the Chinese Student Protection Act of 1992 (Public Law 
                102-404) who, as of the date of enactment of this Act, 
                has applied for adjustment of status in accordance with 
                Public Law 102-404.
            (2) Unlawful alien.--The term ``unlawful alien'' means an 
        individual who is not--
                    (A) a United States citizen; or
                    (B) a lawful alien.
    (e) Effective Date.--The provisions of this section shall apply to 
benefits received after the date of the enactment of this Act.

SEC. 212. LIMITS ON BENEFITS TO SPONSORED IMMIGRANTS.

    (a) In General.--Notwithstanding any other provision of law, in 
determining eligibility for, and the amount of direct financial 
benefits of, a lawful sponsored alien under Federal benefit programs 
such as Aid to Families with Dependent Children, Supplemental Security 
Income, and Food Stamps, the income and resources of the alien shall 
include--
            (1) the income and resources of any person who, as a 
        sponsor of such alien's entry into the United States, entered 
        into a binding contract of support with respect to such alien, 
        and
            (2) the income and resources of such sponsor's spouse.
The preceding sentence shall apply until such time as the sponsored 
alien achieves United States citizenship.
    (b) Extenuating Circumstances.--The income and resources of the 
sponsor and his or her spouse shall no longer be included in 
determining the eligibility of a sponsored lawful alien for Federal 
benefits when--
            (1) the sponsor becomes impoverished, bankrupt, or dies, or
            (2) the sponsored lawful immigrant becomes blind or 
        disabled after entry into the United States.
    (c) Exemptions.--For the purposes of this section, the following 
groups of lawful sponsored immigrants and Federal benefit programs are 
exempted:
            (1) Refugees, asylees, and other lawful aliens who are not 
        sponsored.
            (2) Public education, Medicaid, child nutrition, child 
        immunization, and other public health programs.
    (d) Prospective Effect.--This section shall only affect initial 
applications for Federal benefits that are received after the effective 
date.
    (e) Effective Date.--This section shall take effect 90 days after 
enactment of this Act.

SEC. 213. SPONSORSHIP ENHANCEMENT.

    (a) If otherwise admissible, an alien who is excludable under 
paragraph (4) of section 212(a) of the Immigration and Nationality Act 
and has not given a suitable bond (as described in the previous section 
213 of the Immigration and Naturalization Act [8 U.S.C. 1183]) can only 
be admitted when sponsored by an individual (hereafter referred to in 
this section as the alien's ``sponsor'') entering into a legally 
binding contract that guarantees financial responsibility for the alien 
until he or she becomes a United States citizen.
    (b) Such a contract with respect to the admission into the United 
States of an alien under the Immigration and Naturalization Act shall 
provide--
            (1) that the sponsor shall be liable for the costs incurred 
        by any Federal, State, or political subdivision of a State for 
        general public cash assistance provided to such alien; and
            (2) that this responsibility will continue until the date 
        on which the alien becomes a citizen of the United States.
    (c) In the case of cash benefits which are provided to lawful 
sponsored immigrants who are ineligible for public assistance under 
section 212 of this Act, the binding contract referred to in section 
213(a) of this Act may be enforced with respect to an alien against the 
alien's sponsor in a civil suit brought by the Attorney General or a 
State or political subdivision of a State in the United States district 
court for the district in which the sponsor resides for the recovery of 
the costs incurred by any Federal, State, or political subdivision of a 
State in providing general cash public assistance provided to such 
alien for which the sponsor agreed to be liable under such a contract.
    (d) The sponsor or the sponsor's estate shall not be liable if the 
sponsor dies, becomes impoverished due to unforeseen circumstances (as 
defined by eligibility for Federal assistance), or is adjudicated a 
bankrupt under title 11, United States Code.
    (e) The requirements and powers of this section shall apply only to 
initial sponsorship-based applications for legal admission into the 
United States received after the effective date of this section.
    (f) This provision shall take effect 90 days after the date of 
enactment of this Act.
    (g) The admitting agencies shall record the use of sponsorship by 
immigrant applicants to meet the public charge test for admission to 
the United States set forth in paragraph (4) of section 212(a) of the 
Immigrating and Naturalization Act.

SEC. 214. AUTHORITY TO STATES AND LOCALITIES TO LIMIT ASSISTANCE TO 
              ALIENS AND TO DISTINGUISH AMONG CLASSES OF ALIENS IN 
              PROVIDING GENERAL PUBLIC ASSISTANCE.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, a State or local government may prohibit or 
otherwise limit or restrict the eligibility of aliens or classes of 
aliens for programs of general cash public assistance furnished under 
the law of the State or a political subdivision of a State.
    (b) Limitation.--The authority under subsection (a) may be 
exercised only to the extent that any prohibitions, limitations, or 
restrictions are not inconsistent with the eligibility requirements for 
comparable Federal programs or are less restrictive. For the purposes 
of this section, attribution to an alien of a sponsor's income and 
resources for purposes of determining the eligibility for and amount of 
benefits of an alien shall be considered less restrictive than a 
prohibition of eligibility.

                   PART B--EMPLOYER SANCTIONS SUPPORT

SEC. 221. ADDITIONAL IMMIGRATION AND NATURALIZATION SERVICE 
              INVESTIGATORS.

    (a) Investigators.--The Attorney General is authorized to hire for 
fiscal years 1995 and 1996 such additional investigators and staff as 
may be necessary to aggressively enforce existing sanctions against 
employers who employ workers in the United States illegally or who are 
otherwise ineligible to work in this country.
    (b) Limitation on Overtime.--None of the funds made available to 
the Immigration and Naturalization Service under this section shall be 
available for administrative expenses to pay any employee overtime pay 
in an amount in excess of $25,000 for any fiscal year.

                  PART C--ENHANCED WAGE AND HOUR LAWS

SEC. 231. INCREASED PERSONNEL LEVELS FOR THE LABOR DEPARTMENT.

    (a) Investigators.--The Secretary of Labor, in consultation with 
the Attorney General, is authorized to hire in the Wage and Hour 
Division of the Department of Labor for fiscal years 1995 and 1996 such 
additional investigators and staff as may be necessary to aggressively 
enforce existing legal sanctions against employers who violate current 
Federal wage and hour laws.
    (b) Assignment of Additional Personnel.--Individuals employed to 
fill the additional positions described in subsection (a) shall be 
assigned to investigate violations of wage and hour laws in areas where 
the Attorney General has notified the Secretary of Labor that there are 
high concentrations of aliens present in the United States in violation 
of law.

SEC. 232. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

    The Attorney General is authorized to hire for fiscal years 1995 
and 1996 such additional Assistant United States Attorneys as may be 
necessary to prosecute actions brought under this Act, or intended to 
directly further Congress' intention to preclude and deter illegal 
immigration.

                   PART D--AUTHORIZATION VERIFICATION

SEC. 241. WORK AUTHORIZATION VERIFICATION.

    The Attorney General, together with the Secretary of Health and 
Human Services, shall develop and implement a counterfeit-resistant 
system to verify work eligibility and federally-funded public 
assistance benefits eligibility for all persons within the United 
States. If the system developed includes a document (designed 
specifically for use for this purpose), that document shall not be used 
as a national identification card, and the document shall not be 
required to be carried or presented by any person except at the time of 
application for federally funded public assistance benefits or to 
comply with employment eligibility verification requirements.

          TITLE III--ENHANCED SMUGGLING CONTROL AND PENALTIES

SEC. 301. INCREASED PENALTIES FOR ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (C);
                    (B) by striking the comma at the end of 
                subparagraph (D) and all that follows through the 
                period and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(E) engages in any conspiracy to commit any of the 
        preceding acts, or aids or abets the commission of any of the 
        preceding acts,
shall be fined under title 18, United States Code, and shall be 
imprisoned not less than 3 years nor more than 10 years, for each alien 
with respect to whom any violation of this paragraph occurs.''; and
            (2) by adding at the end the following new paragraphs:
    ``(3) Any person who, in the commission of an act described in 
paragraph (1), willfully subjects any alien to a substantial risk of 
death or serious bodily harm shall be subject to a term of imprisonment 
of not less than 3 years nor more than 10 years in addition to any term 
of imprisonment imposed under that paragraph.
    ``(4) Any person who in the perpetration of, or in the attempt to 
perpetrate, any violation of paragraph (1), causes the death of an 
alien shall be subject to the penalty of death, or life imprisonment, 
subject to appropriate procedures under chapter 228 of title 18, United 
States Code.''.

SEC. 302. DEATH PENALTY PROCEDURES.

    Title 18, United States Code, is amended by inserting after chapter 
227 the following new chapter:

``CHAPTER 228--DEATH PENALTY PROCEDURES RELATING TO SMUGGLING OF ALIENS

``Sec.
``3591. Sentence of death relating to the smuggling of aliens.
``Sec. 3591. Sentence of death relating to the smuggling of aliens
    ``A sentence of death for a violation of section 274(a)(4) of the 
Immigration and Nationality Act may be imposed only if--
            ``(1) the defendant caused the death of a person 
        intentionally or knowingly, or caused the death of a person 
        through the intentional infliction of serious bodily injury; 
        and
            ``(2) the sentence is imposed in accordance with the 
        procedures set forth in section 408 (g), (h), (i), (j), (k), 
        (l), (m), (n), (o), (p), (q), and (r) of the Controlled 
        Substances Act (21 U.S.C. 848 (g), (h), (i), (j), (k), (l), 
        (m), (n), (o), (p), (q), and (r)), except that for the purposes 
        of a violation of that law, the references to ``this section'' 
        in section 408(g) and (h)(1) and ``subsection (e)'' in section 
        408(i)(1), (j), (k) (each place it appears), and (p) of the 
        Controlled Substances Act shall be deemed to be references to 
        section 274(a)(4) of that Act. No rule of law, including a rule 
        contained in a law under which an offense is committed, may be 
        applied in determining whether a penalty of death shall be 
        imposed in a particular case, other than those procedures. 
        Those procedures supersede all other provisions of law that 
        pertain to whether a penalty of death shall be imposed in any 
        particular case (not including the authorization of the penalty 
        itself).''.

SEC. 303. SMUGGLING ALIENS FOR COMMISSION OF CRIMES.

    Section 274(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``or'' at the end of clause (ii);
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                    ``(iii) an offense committed with the intent or 
                with reason to believe that the alien unlawfully 
                brought into the United States will commit an offense 
                against the United States or any State punishable by 
                imprisonment for more than 1 year, including violations 
                of or attempted violations of or aiding and abetting 
                violations of or conspiring to violate the Controlled 
                Substances Act (21 U.S.C. 801 et seq.) or laws against 
                prostitution, importation of aliens for immoral 
                purposes, trafficking in firearms, money laundering, 
                gang activities, kidnapping or ransom demands, 
                fraudulent documents, or extortion, the smuggling of 
                known or suspected terrorists or persons involved in 
                organized crime if offenses against such laws are 
                punishable by imprisonment for more than 1 year,''; and
            (2) at the end thereof, by striking ``be fined'' and all 
        that follows through the period and inserting the following: 
        ``be fined under title 18, United States Code, and shall be 
        imprisoned not less than 3 years nor more than 10 years.''.

SEC. 304. ADDING ALIEN SMUGGLING TO RICO.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``law of the United States,'';
            (2) by inserting ``or'' at the end of clause (E); and
            (3) by adding at the end the following:
            ``(F) any act in violation of section 1028, 1542, or 1546 
        of this title for personal financial gain and section 274, 277, 
        or 278 of the Immigration and Nationality Act.''.

SEC. 305. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL 
              ALIENS.

    Section 274 of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended--
            (1) by amending subsection (b)(1) to read as follows:
    ``(b) Seizure and Forfeiture.--(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 section 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) or of section 274A(a)(1) or 274A(a)(2), 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 was 
        intended to further the business interests of the owner, or to 
        confer any other benefit upon the owner.'';
            (2) in paragraph (2)--
                    (A) by striking ``conveyance'' both places it 
                appears and inserting ``property''; and
                    (B) by striking ``is being used in'' and inserting 
                ``is being used in, is facilitating, has facilitated, 
                or was intended to facilitate'';
            (3) in paragraph (3)--
                    (A) by inserting ``(A)'' immediately after ``(3)'', 
                and
                    (B) by adding at the end the following:
    ``(B) Before the seizure of any real property pursuant to this 
section, the Attorney General shall provide notice and an opportunity 
to be heard to the owner of the property. The Attorney General shall 
prescribe such regulations as may be necessary to carry out this 
subparagraph.'';
            (4) in paragraphs (4) and (5) by striking ``a conveyance'' 
        and ``conveyance'' each place such phrase or word appears and 
        inserting ``property''; and
            (5) in paragraph (4) by--
                    (A) 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 inserting at the end the following new 
                subparagraph:
                    ``(E) transfer custody and ownership of forfeited 
                property to any Federal, State, or local agency 
                pursuant to section 616(c) of the Tariff Act of 1930 
                (19 U.S.C. 1616a(c)).''.

SEC. 306. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c), by inserting after ``trains)'' 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 ``or'' after paragraph (l);
            (3) by redesignating paragraphs (m), (n), and (o) as 
        paragraphs (n), (o), and (p), respectively; and
            (4) by inserting after paragraph (l) the following new 
        paragraph:
    ``(m) a violation of section 274, 277, or 278 of the Immigration 
and Nationality Act (relating to the smuggling of aliens);''.

SEC. 307. EFFECTIVE DATE.

    The amendments made by this title shall apply to offenses occurring 
after the date of enactment of this Act.

            TITLE IV--ADMISSIONS AND DOCUMENT FRAUD CONTROL

                   PART A--PORT OF ENTRY INSPECTIONS

SEC. 411. RESTRICTIONS ON ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents or Failure To Present 
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting the 
        following:
    ``(C) Fraud, Misrepresentation, and Failure To Present Documents''; 
and
            (2) by adding at the end the following new clause:
            ``(iii) Fraud, misrepresentation, and failure to present 
        documents.--
                    ``(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, in the determination of the immigration officer, 
                is forged, counterfeit, altered, falsely made, stolen, 
                or inapplicable to the person presenting the document, 
                or otherwise contains a misrepresentation of a material 
                fact, is excludable.
                    ``(II) Any alien who is required to present a 
                document relating to the alien's eligibility to enter 
                the United States prior to boarding a common carrier 
                for the purpose of coming to the United States and who 
                fails to present such document to an immigration 
                officer upon arrival at a port of entry into the United 
                States is excludable.''.
    (b) Provision for Asylum and Other Discretionary Relief.--(1) 
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is 
amended by adding at the end the following new subsection:
    ``(e)(1) Notwithstanding subsection (a), 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, in the 
determination of the immigration officer, is fraudulent, forged, 
stolen, or inapplicable to the person presenting the document, or 
otherwise contains a misrepresentation of a material fact, may not 
apply for or be granted asylum, unless presentation of the document was 
pursuant to direct departure from a country in which the alien has a 
credible fear of persecution or of return to persecution.
    ``(2) Notwithstanding subsection (a), an alien who boards a common 
carrier for the purpose of coming to the United States through the 
presentation of any document which relates or purports to relate to the 
alien's eligibility to enter the United States, and who fails to 
present such document to an immigration officer upon arrival at a port 
of entry into the United States, may not apply for or be granted 
asylum, unless presentation of such document was pursuant to direct 
departure from a country in which the alien has a credible fear of 
persecution or of return to persecution.
    ``(3) Notwithstanding subsection (a), an alien described in section 
235(d)(3) may not apply for or be granted asylum, unless the person 
departed directly from a country in which the alien has a credible fear 
of persecution or of return to persecution.
    ``(4) Notwithstanding paragraphs (1), (2), and (3), the Attorney 
General may, in the Attorney General's sole discretion, permit an alien 
described in paragraphs (1), (2), or (3) to apply for asylum.
    ``(5)(A) When an immigration officer has determined that an alien 
has sought entry under either of the circumstances described in 
paragraph (1) or (2) or is an alien described in section 235(d)(3) and 
the alien has indicated a desire to apply for asylum, the immigration 
officer shall refer the matter to an asylum officer who shall interview 
the alien to determine whether presentation of the document was 
pursuant to direct departure from a country in which the alien has a 
credible fear of persecution or of return to persecution, or in the 
case of an alien described in section 235(d)(3), whether the alien had 
directly departed from such a country.
    ``(B) If the officer determines that the alien does not have a 
credible fear of persecution or of return to persecution in the country 
in which the alien was last present prior to attempting entry into the 
United States or arriving in the United States or a port of entry under 
the circumstances described in section 235(d)(3), the alien may be 
specially excluded and deported in accordance with section 235(e).
    ``(C) The Attorney General shall provide by regulation for the 
prompt supervisory review of a determination under subparagraph (B) 
that an alien does not have a credible fear of persecution or of return 
to persecution in the country in which the alien was last present.
    ``(D) The Attorney General shall provide information concerning the 
credible fear determination process described in this paragraph to 
persons who may be eligible for that process under the provisions of 
this subsection. An alien who is eligible for a credible fear 
determination pursuant to subparagraph (A) may consult with a person or 
persons of his or her choosing prior to the credible fear determination 
process or any review thereof, according to regulations prescribed by 
the Attorney General. Such consultation shall be at no expense to the 
Government and shall not unduly delay the process.
    ``(6) As used in this section, the term `credible fear of 
persecution or of return to persecution' means--
            ``(A) it is more probable than not that the statements made 
        by the alien in support of his or her claim are true; and
            ``(B) there is a significant danger that the alien would be 
        returned to a country in which the alien would have a credible 
        fear of persecution.
    ``(7) As used in this subsection, the term `asylum officer' means a 
person who--
            ``(A) has had professional training in country conditions, 
        asylum law, and interview techniques;
            ``(B) has been employed for at least one year in a position 
        the primary responsibility of which is the adjudication of 
        asylum claims; and
            ``(C) is supervised by an officer who meets conditions in 
        subparagraphs (A) and (B).''.
    (2) Section 235 of the Immigration and Nationality Act (8 U.S.C. 
1225) is amended by adding at the end the following new subsection:
    ``(d)(1) Subject to paragraph (2), any alien who has not been 
admitted to the United States, and who is excludable under section 
212(a)(6)(C)(iii), or who is an alien described in paragraph (3), is 
ineligible for withholding of deportation pursuant to section 243(h), 
and may not apply therefor or for any other relief under this Act, 
except that an alien found to have a credible fear of persecution or of 
return to persecution in accordance with section 208(e) shall be taken 
before a special inquiry officer for exclusion proceedings in 
accordance with section 236 and may apply for asylum, withholding of 
deportation, or both, in the course of such proceedings.
    ``(2) An alien described in paragraph (1) who has been found 
ineligible to apply for asylum under section 208(e) may be returned 
under the provisions of this section only to a country in which he or 
she has no credible fear of persecution or of return to persecution. If 
there is no country to which the alien can be returned in accordance 
with the provisions of this paragraph, the alien shall be taken before 
a special inquiry officer for exclusion proceedings in accordance with 
section 236 and may apply for asylum, withholding of deportation, or 
both, in the course of such proceedings.
    ``(3) Any alien who is excludable under section 212(a), and who has 
been brought or escorted under the authority of the United States--
            ``(A) into the United States, having been on board a vessel 
        encountered seaward of the territorial sea by officers of the 
        United States, or
            ``(B) to a port of entry, having been on board a vessel 
        encountered within the territorial sea or internal waters of 
        the United States,
shall either be detained on board the vessel on which such person 
arrived or in such facilities as are designated by the Attorney General 
or paroled in the discretion of the Attorney General pursuant to 
section 212(d)(5) pending accomplishment of the purpose for which the 
person was brought or escorted into the United States or to the port of 
entry, except that no alien shall be detained on board a public vessel 
of the United States without the concurrence of the head of the 
department under whose authority the vessel is operating.''.
    (3) Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended--
            (A) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(d)(2), 
        deportation''; and
            (B) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(d)(2), if''.

SEC. 412. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMISSIONS FRAUD.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225), 
as amended by section 311(b)(2), is further amended by adding at the 
end the following new subsection:
    ``(e)(1) Subject to paragraph (d)(2), any alien (including an alien 
crewman) who--
            ``(A) may appear to the examining immigration officer or to 
        the special inquiry officer during the examination before 
        either of such officers to be excludable under section 
        212(a)(6)(C)(iii) of the Immigration and Nationality Act may be 
        ordered specially excluded and deported by the Attorney 
        General, either by a special inquiry officer or otherwise; or
            ``(B) was brought to the United States pursuant to 
        subsection (d)(3) and who may appear to an examining 
        immigration officer to be excludable may be ordered specially 
        excluded and deported by the Attorney General without any 
        further inquiry, either by a special inquiry officer or 
        otherwise.
    ``(2) Such special exclusion order is not subject to administrative 
appeal, except that the Attorney General shall provide by regulation 
for prompt review of such an order against an applicant who claims to 
have been lawfully admitted for permanent residence. A special 
exclusion order entered in accordance with the provisions of this 
subsection shall have the same effect as if the alien had been ordered 
excluded and deported pursuant to section 236, except that judicial 
review of such an order shall be available only under section 106.
    ``(3) Nothing in this subsection shall be regarded as requiring an 
inquiry before a special inquiry officer in the case of an alien 
crewman.''.

SEC. 413. JUDICIAL REVIEW.

    (a) Preclusion of Judicial Review.--Section 106 of the Immigration 
and Nationality Act (8 U.S.C. 1105a) is amended--
            (1) by amending the section heading to read as follows: 
        ``judicial review of orders of deportation and exclusion, and 
        special exclusion''; and
            (2) by adding at the end the following new subsection:
    ``(d)(1) Notwithstanding any other provision of law, and except as 
provided in this subsection, no court shall have jurisdiction to review 
any individual determination, or to entertain any other cause or claim, 
arising from or relating to the implementation or operation of sections 
208(e), 212(a)(6)(C)(iii), 235(d), and 235(e). Regardless of the nature 
of the action or claim, or the party or parties bringing the action, no 
court shall have jurisdiction or authority to enter declaratory, 
injunctive, or other equitable relief not specifically authorized in 
this subsection, nor to certify a class under Rule 23 of the Federal 
Rules of Civil Procedure.
    ``(2) Judicial review of any cause, claim, or individual 
determination covered under paragraph (d)(1) shall only be available in 
habeas corpus proceedings, and shall be limited to determinations of--
            ``(A) whether the petitioner is an alien, if the petitioner 
        makes a showing that his or her claim of United States 
        nationality is not frivolous;
            ``(B) whether the petitioner was ordered specially 
        excluded; and
            ``(C) whether the petitioner can prove by a preponderance 
        of the evidence that he or she is an alien lawfully admitted 
        for permanent residence and is entitled to such further inquiry 
        as is prescribed by the Attorney General pursuant to section 
        235(e)(2).
    ``(3) In any case where the court determines that an alien was not 
ordered specially excluded, or was not properly subject to special 
exclusion under the regulations adopted by the Attorney General, the 
court may order no relief beyond requiring that the alien receive a 
hearing in accordance with section 236, or a determination in 
accordance with section 235(c) or 273(d). Any alien excludable under 
section 212(a)(6)(C)(iii) who receives a hearing under section 236, 
whether by order of court or otherwise, may thereafter obtain judicial 
review of any resulting final order of exclusion pursuant to subsection 
(b).
    ``(4) In determining whether an alien has been ordered specially 
excluded, the court's inquiry shall be limited to whether such an order 
was in fact issued and whether it relates to the petitioner. There 
shall be no review of whether the alien is actually excludable under 
section 212(a)(6)(C)(iii) or entitled to any relief from exclusion.''.
    (b) Preclusion of Collateral Attacks.--Section 235 of the 
Immigration and Nationality Act (8 U.S.C. 1225), as amended by sections 
311(b)(2) and 312, is further amended by adding at the end the 
following new subsection:
    ``(f) In any action brought for the assessment of penalties for 
improper entry or re-entry of an alien under sections 275 and 276 of 
the Immigration and Nationality Act, no court shall have jurisdiction 
to hear claims collaterally 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. 414. EFFECTIVE DATE.

    The amendments made by this title shall be effective upon the day 
after the date of enactment of this Act, and shall apply to aliens who 
arrive in or seek admission to the United States after such date. 
Notwithstanding any other provision of law, the Attorney General may 
issue interim final regulations to implement the provisions of such 
amendments at any time after the date of enactment of this Act, which 
regulations may become effective upon publication without prior notice 
or opportunity for public comment.

                       PART B--ENHANCED PENALTIES

SEC. 421. INCREASED PENALTIES FOR DOCUMENT FRAUD.

    (a) Fraud and Misuse of Immigration Documents.--Section 1546(a) of 
title 18, United States Code, is amended by striking ``five years'' and 
inserting ``ten years''.
    (b) Fraud and Misuse of Government-Issued Identification 
Documents.--Section 1028(b)(1) of title 18, United States Code, is 
amended by striking ``five years'' and inserting ``ten years''.
    (c) Changes to the Sentencing Levels.--Pursuant to section 944 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987, the United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, relating to defendants 
convicted of violating, or conspiring to violate, sections 1546(a) and 
1028(a) of title 18, United States Code. The basic offense level under 
section 2L2.1 of the United States Sentencing Guidelines shall be 
increased to--
            (1) not less than offense level 15 if the offense involved 
        1,000 or more documents;
            (2) not less than offense level 20 if the offense involved 
        2,000 or more documents, or if the documents were used to 
        facilitate any other criminal activity described in section 
        212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act, 
        as amended by this Act;
            (3) not less than offense level 25 if the offense 
        involved--
                    (A) the provision of documents to a person known or 
                suspected of engaging in a terrorist activity (as such 
                terms are defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B));
                    (B) the provision of documents to facilitate a 
                terrorist activity or to assist a person to engage in 
                terrorist activity (as such terms are defined in 
                section 212(a)(3)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)); or
                    (C) the provision of documents to persons involved 
                in racketeering enterprises (as such acts or activities 
                are defined in section 1952 of title 18, United States 
                Code).

SEC. 422. PENALTIES FOR FAILURE TO DISCLOSE ROLE AS PREPARER OF 
              FRAUDULENT DOCUMENTS.

    (a) Activities Prohibited.--Section 274C(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324c(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period and inserting ``, or'' at the 
        end of paragraph (4); and
            (3) by adding at the end the following new paragraph:
            ``(5) in reckless disregard of the fact that the 
        information is false or does not relate to the applicant, to 
        prepare, to file, or to assist another in preparing or filing, 
        documents which are falsely made (including but not limited to 
        documents which contain false information, contain material 
        misrepresentations, or information which does not relate to the 
        applicant) for the purpose of satisfying a requirement of this 
        Act.''.
    (b) Conforming Amendments For Civil Penalties.--Section 274C(d)(3) 
of the Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is 
amended by striking ``each document used, accepted, or created and each 
instance of use, acceptance, or creation'' each of the two places it 
appears and inserting ``each instance of a violation under subsection 
(a)''.
    (c) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--Section 274C of the Immigration and Nationality Act (8 
U.S.C. 1324c) is amended by adding at the end the following new 
subsection:
    ``(e) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--(1) Whoever, in any matter within the jurisdiction of the 
Service under section 208 of this Act, knowingly and willfully fails to 
disclose, conceals, or covers up the fact that they have, on behalf of 
any person and for a fee or other remuneration, prepared or assisted in 
preparing an application which was falsely made (as defined in section 
274C(a)) for immigration benefits pursuant to section 208 of this Act, 
or the regulations promulgated thereunder, shall be guilty of a felony 
and shall be fined in accordance with title 18, United States Code, 
imprisoned for not less than 2 nor more than 5 years, or both, and 
prohibited from preparing or assisting in preparing, regardless of 
whether for a fee or other remuneration, any other such application.
    ``(2) Whoever, having been convicted of a violation of paragraph 
(1), knowingly and willfully prepares or assists in preparing an 
application for immigration benefits pursuant to this Act, or the 
regulations promulgated thereunder, regardless of whether for a fee or 
other remuneration, shall be guilty of a felony and shall be fined in 
accordance with title 18, United States Code, imprisoned for not less 
than 5 years nor more than 15 years, or both, and prohibited from 
preparing or assisting in preparing any other such application.''.

SEC. 423. CIVIL PENALTIES FOR FRAUD, MISREPRESENTATION, AND FAILURE TO 
              PRESENT DOCUMENTS.

    Section 274C(a) (8 U.S.C. 1324c(a)), as amended by section 412 of 
this Act, is further amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(6) to present before boarding a common carrier for the 
        purpose of coming to the United States a document which relates 
        to the alien's eligibility to enter the United States and to 
        fail to present such document to an immigration officer upon 
        arrival at a United States port of entry.
The Attorney General may, in his or her discretion, waive the penalties 
of this section with respect to an alien who knowingly violates 
paragraph (6) if the alien is granted asylum under section 208 or 
withholding of deportation under section 243(h).''.

SEC. 424. EFFECTIVE DATE.

    The amendments made by this title shall apply to offenses or 
violations occurring after the date of enactment of this Act.

                         TITLE V--ASYLUM REFORM

SEC. 501. PENALTIES FOR FRIVOLOUS APPLICATIONS.

    (a) Civil Penalties.--
            (1) Prohibited activities.--Section 274C of the Immigration 
        and Nationality Act (8 U.S.C. 1324c), as amended by sections 
        412 and 413 of this Act, is further amended by inserting at the 
        end of subsection (a) the following new sentence: ``For the 
        purposes of this subsection, the phrase `falsely make any 
        document' includes the preparation or provision of any 
        application for benefits under this Act which was made 
        knowingly or in reckless disregard of the fact that such 
        application has no basis in law or fact or which otherwise 
        fails to contain information pertaining to the applicant.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        applies to the preparation of applications before, on, or after 
        the date of enactment of this Act.
    (b) Criminal Penalties.--The fourth paragraph of section 1546(a) of 
title 18, United States Code, is amended to read as follows:
    ``Whoever knowingly makes under oath, or as permitted under penalty 
of perjury under section 1746 of title 28, United States Code, 
knowingly subscribes as true, any false statement with respect to a 
material fact in any application, affidavit, or other document required 
by the immigration laws or regulations prescribed thereunder, or 
knowingly presents any such application, affidavit, or other document 
which contains any such false statement or which fails to contain any 
reasonable basis in law or fact--''.

SEC. 502. ASYLUM AND WORK AUTHORIZATION.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by adding at the end the following new subsection:
    ``(f) An applicant for asylum may not engage in employment in the 
United States except pursuant to this subsection. The Attorney General 
may deny, suspend, or otherwise place conditions on any application for 
or grant of authorization to engage in employment in the United States 
to any alien who makes an application under this section. The Attorney 
General shall issue regulations to prescribe the conditions for denial, 
suspension, or conditioning of such authorization, and shall include in 
such regulations a plan to address sudden, substantial increases in 
asylum applications and repeated attempts by aliens to gain such 
authorization without stating a credible fear of persecution.''.

SEC. 503. RESOURCES TO ADDRESS ASYLUM BACKLOG.

    (a) Purpose and Period of Authorization.--For the purpose of 
reducing the number of applications pending under sections 208 and 
243(h) of the Immigration and Nationality Act (8 U.S.C. 1158 and 8 
U.S.C. 1253) as of the date of enactment of this Act, the Attorney 
General shall have the authority described in subsections (b) and (c) 
for a period of 2 years, beginning 90 days after the date of enactment 
of this Act.
    (b) Procedures for Property Acquisition on Leasing.--
Notwithstanding the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.), the Attorney General is authorized to 
expend out of funds made available to the Department of Justice for the 
administration of the Immigration and Nationality Act such amounts as 
may be necessary for the leasing or acquisition of property to carry 
out the purpose described in subsection (a).
    (c) Use of Federal Retirees.--(1) In order to carry out the purpose 
described in subsection (a), the Attorney General may employ 
temporarily not more than 300 persons who, by reason of retirement on 
or before January 1, 1993, are receiving--
            (A) annuities under the provisions of subchapter III of 
        chapter 83 of title 5, United States Code, or chapter 84 of 
        such title;
            (B) annuities under any other retirement system for 
        employees of the Federal Government; or
            (C) retired or retainer pay as retired officers of regular 
        components of the uniformed services.
    (2) In the case of a person retired under the provisions of 
subchapter III of chapter 83 of title 5, United States Code--
            (A) no amounts may be deducted from the person's pay,
            (B) the annuity of such person may not be terminated,
            (C) payment of annuity to such person may not be 
        discontinued, and
            (D) the annuity of such person may not be recomputed,
under section 8344 of such title by reason of temporary employment 
authorized in paragraph (1).
    (3) In the case of a person retired under the provisions of chapter 
84 of title 5, United States Code--
            (A) no amounts may be deducted from the person's pay,
            (B) contributions to the Civil Service Retirement and 
        Disability Fund may not be made, and
            (C) the annuity of such person may not be recomputed,
under section 8468 of such title by reason of temporary employment 
authorized in paragraph (1).
    (4) The retired or retainer pay of a retired officer of a regular 
component of a uniformed service may not be reduced under section 5532 
of title 5, United States Code, by reason of temporary employment 
authorized in paragraph (1).
    (5) The President shall apply the provisions of paragraphs (2) and 
(3) to persons referred to in paragraph (1)(B) in the same manner and 
to the same extent as such provisions apply to persons referred to in 
paragraph (1)(A).

SEC. 504. REDUCTION OF INCENTIVES TO DELAY PROCEEDINGS.

    (a) Relief Under Section 212(c).--Section 212(c) of the Immigration 
and Nationality Act (8 U.S.C. 1182(c)) is amended--
            (1) by redesignating subsection (c) as subsection (c)(1); 
        and
            (2) by adding at the end the following:
    ``(2) For the purpose of satisfying the 7-year period described in 
paragraph (1), no time shall count toward such period after the alien 
has received an order to show cause issued under section 242 or 
242B.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to all applications for relief under section 212(c) or 244 of the 
Immigration and Nationality Act filed after the date of enactment of 
this Act.

SEC. 505. PARTIAL REVOCATION OF EXECUTIVE ORDER.

    Section 4 of Executive Order No. 12711 of April 11, 1990, and any 
rule, regulation, or order issued under that section, shall be of no 
force or effect, except that nothing in this Act shall invalidate, or 
otherwise retroactively affect, any final determination of eligibility 
for asylum made before the date of enactment of this Act.

                   TITLE VI--BORDER CROSSING USER FEE

SEC. 601. IMPOSITION OF FEES.

    (a) Land Border and Port of Entry User Fee Account.--Section 286(q) 
of the Immigration and Nationality Act (8 U.S.C. 1356(q)) is amended to 
read as follows:
    ``(q) Land Border and Port of Entry User Fee Account.--(1) The 
Attorney General, after consultation with the Secretary of State, shall 
impose at the time of a person's entry into the United States by land 
or by sea a fee of $1 for the person's use of border or port facilities 
and services of the Immigration and Naturalization Service.
    ``(2) Notwithstanding subsection (b), the Attorney General may--
            ``(A) adjust the border crossing user fee periodically to 
        compensate for inflation and other escalation in the cost of 
        carrying out the purposes of this Act; and
            ``(B) develop and implement special discounted fee programs 
        for frequent border crossers including, but not limited to, 
        commuter coupon books or passes.
    ``(3) All fees collected under paragraph (1) shall be deposited as 
offsetting receipts in a separate account within the general fund of 
the Treasury of the United States and shall remain available until 
expended. Such account shall be known as the `Land Border and Port of 
Entry User Fee Account'.
    ``(4)(A) The Secretary of the Treasury shall refund out of the Land 
Border and Port of Entry User Fee Account, at least on a quarterly 
basis, amounts to any appropriations for expenses incurred in providing 
inspection services at land border points and seaports of entry. Such 
expenses shall include--
            ``(i) the provision of inspection services;
            ``(ii) the operation and maintenance of inspection 
        facilities at land border and seaport points of entry;
            ``(iii) the expansion, operation, and maintenance of 
        information systems for immigrant control;
            ``(iv) the hire of additional permanent and temporary 
        inspectors, including those authorized by section 111 of the 
        Illegal Immigration Control and Enforcement Act of 1994;
            ``(v) the minor construction costs associated with the 
        addition of new traffic lanes (with the concurrence of the 
        General Services Administration), including the establishment 
        of commuter lanes to be made available to qualified United 
        States citizens and aliens, as determined by the Attorney 
        General;
            ``(vi) the detection of fraudulent documents used by 
        persons seeking to enter the United States; and
            ``(vii) providing for the administration of the Land Border 
        and Port of Entry User Fee Account.
    ``(B) Beginning with the fiscal year which begins after the 
effective date of this subsection, amounts required to be refunded in 
any fiscal year shall be refunded in accordance with estimates made in 
the budget request of the Attorney General for that fiscal year. Any 
proposed change in an amount specified in such budget request shall 
only be made after notification, at least 15 days in advance of the 
proposed refund, to the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 606 of Public 
Law 101-162.
    ``(5) Beginning two years after the date of enactment of this Act, 
and every two years thereafter, the Attorney General shall prepare and 
submit to the Congress a report containing--
            ``(A) a statement of the financial condition of the Land 
        Border and Port of Entry User Fee Account, including the 
        beginning account balance, revenues, withdrawals, and ending 
        account balance and projection for the next two fiscal years; 
        and
            ``(B) a recommendation, if necessary, regarding any 
        adjustment in the prescribed fee that may be required to ensure 
        that the receipts collected from the fee charged for the 
        succeeding two-year period equal, as closely as possible, the 
        cost of providing the facilities and services described in 
        paragraph (1).''.
    (b) Effective Date.--(1) The amendment made by subsection (a) shall 
take effect 6 months after the date of enactment of this Act.
    (2) Not later than 90 days after the date of enactment of this Act, 
the Attorney General shall submit in writing to the Committees on the 
Judiciary and the Committees on Appropriations of the House of 
Representatives and of the Senate a plan detailing the proposed 
implementation of section 286(q) of the Immigration and Nationality Act 
(as amended by this Act).
    (3) Effective 6 months after the date of enactment of this Act, the 
fourth proviso under the heading ``Immigration and Naturalization 
Service, Salaries and Expenses'' in Public Law 103-121 is repealed.
    (c) Further Use of Fund for Border Security.--(1) Notwithstanding 
any other provision of law, upon the date of enactment of this Act, the 
Secretary of the Treasury shall refund at the beginning of each fiscal 
year to the Appropriation Account of the Immigration and Naturalization 
Service funds in the Land Border Inspection Fee Account which remain 
unobligated from the preceding fiscal year, for use as follows:
            (A) For the hiring, training, support, and equipping of--
                    (i) Border Patrol agents, and of related support 
                personnel authorized in section 111 of this Act;
                    (ii) the Immigration and Naturalization Service 
                land-border inspectors authorized by section 121 of 
                this Act;
                    (iii) the Immigration and Naturalization Service 
                investigators authorized by section 221 of this Act;
                    (iv) the Department of Labor inspectors authorized 
                by section 231 of this Act; and
                    (v) the Assistant United States Attorneys 
                authorized by section 232 of this Act.
            (B) Not to exceed a total of $5,000,000 in fiscal years 
        1995 and 1996, to carry out the project described in section 
        134.
            (C) The identification, detention, and deportation of 
        individual aliens subject to final orders of deportation.
            (D) To the extent available--
                    (i) for costs relating to land border crossing 
                infrastructure improvement as authorized by section 122 
                of this Act;
                    (ii) for costs relating to the acquisition by the 
                Department of Justice of technology and equipment as 
                authorized by section 114 of this Act;
                    (iii) for the cost of facilitating and expanding 
                the activities of the Organized Crime and Drug 
                Enforcement Interagency Task Force in order to fully 
                abate the flow of narcotics and other illegal drugs 
                into the United States;
                    (iv) for the cost of increasing rewards for 
                information leading to the arrest and conviction of 
                terrorists;
                    (v) for the cost of conducting classes, or 
                otherwise assisting or encouraging, legal immigrants to 
                the United States to attain American citizenship; and
                    (vi) for the cost of such other activities that, in 
                the discretion of the Attorney General, will reduce: 
                illegal transit of the Nation's borders, the flow of 
                illegal drugs across such borders, the time necessary 
                to process applications for asylum in the United 
                States, and the number of alien criminals incarcerated 
                in this country.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice such additional funds as may 
be necessary to satisfy the requirements of this Act not otherwise 
funded by this title.

                                 <all>

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