[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 580 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 580

    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

               March 21 (legislative day, March 16), 1995

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 1995''.

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--Increased 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. Border equipment and infrastructure improvement authority.
 Part B--Expanded Border Inspection Personnel, Support, and Facilities

Sec. 121. Additional land border inspectors.
                   Part C--Detention and Deportation

Sec. 131. Bar to collateral attacks on deportation orders in unlawful 
                            reentry prosecutions.
Sec. 132. Form of deportation hearings.
Sec. 133. Deportation as a condition of probation.
        Part D--Enhanced Criminal Alien Deportation and Transfer

Sec. 141. Expansion in definition of ``aggravated felony''.
Sec. 142. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 143. Denial of discretionary relief to aliens convicted of 
                            aggravated felonies.
Sec. 144. Judicial deportation.
Sec. 145. Negotiations for international agreements.
Sec. 146. Annual report.
Sec. 147. Admissibility of videotaped witness testimony.
           TITLE II--ILLEGAL IMMIGRATION INCENTIVE REDUCTION

                    Part A--Public Benefits Control

Sec. 211. Authority to States and localities to limit assistance to 
                            aliens and to distinguish among classes of 
                            aliens in providing general public 
                            assistance.
Sec. 212. Increased maximum criminal penalties for forging or 
                            counterfeiting seal of a Federal department 
                            or agency to facilitate benefit fraud by an 
                            unlawful alien.
Sec. 213. Sponsorship enhancement.
Sec. 214. State option under the medicaid program to place anti-fraud 
                            investigators in hospitals.
Sec. 215. Ports-of-entry benefits task force demonstration projects.
                   Part B--Employer Sanctions Support

Sec. 221. Additional Immigration and Naturalization Service 
                            investigators.
Sec. 222. Enhanced penalties for unlawful employment of aliens.
Sec. 223. Earned income tax credit denied to individuals not authorized 
                            to be employed in the United States.
Sec. 224. Enhanced minimum criminal penalties for extortion of aliens 
                            engaged in unlawful or unvoluntary holding 
                            employment.
Sec. 225. Work authorization verification.
                  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.
          TITLE III--ENHANCED SMUGGLING CONTROL AND PENALTIES

Sec. 301. Minimum criminal penalties for alien smuggling.
Sec. 302. Expanded forfeiture for smuggling or harboring illegal 
                            aliens.
Sec. 303. Wiretap authority for alien smuggling investigations.
Sec. 304. Limitation on section 212(c) authority.
Sec. 305. Effective date.
            TITLE IV--ADMISSIONS AND DOCUMENT FRAUD CONTROL

Sec. 401. Minimum criminal penalties for document fraud.
                   TITLE V--BORDER CROSSING USER FEE

Sec. 501. Immigration Law Enforcement Fund.

          TITLE I--ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT

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

SEC. 111. BORDER PATROL EXPANSION AND DEPLOYMENT.

    (a) Increased Number of Border Patrol Positions.--Subject to 
subsection (b), in each of the fiscal years 1996, 1997, and 1998, the 
Attorney General--
            (1) shall increase by no fewer than 700 the number of 
        positions for full-time, active-duty Border Patrol agents 
        within the Immigration and Naturalization Service above the 
        number of such positions for which funds were allotted for the 
        preceding fiscal year; and
            (2) may increase by not more than 300 the number of 
        positions for personnel in support of Border Patrol agents 
        above the number of such positions for which funds were 
        allotted for the preceding fiscal year.
    (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 
reasonably anticipated in the next fiscal year, and shall be actively 
engaged in (or in support of) law enforcement activities related to the 
illegal crossing of the borders of the United States.

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.

    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 
rights, personal safety, and 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. BORDER EQUIPMENT AND INFRASTRUCTURE IMPROVEMENT AUTHORITY.

    (a) Improved Equipment and Technology.--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.
    (b) Improved Infrastructure.--(1) The Attorney General may, from 
time to time, 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.
    (2) 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 United States 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 or most immediate before the Attorney General may obligate 
funds for construction of any improvement otherwise located.

 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 1996 and 1997, 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 during peak crossing hours 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.

                   PART C--DETENTION AND DEPORTATION

SEC. 131. BAR TO COLLATERAL ATTACKS ON DEPORTATION ORDERS IN UNLAWFUL 
              REENTRY PROSECUTIONS.

    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.''.

SEC. 132. 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. 133. DEPORTATION AS A CONDITION OF PROBATION.

    Section 3563(b) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (21);
            (2) by striking the period at the end of paragraph (22) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(23) be ordered deported by a United States District 
        Court, or United States Magistrate Court, pursuant to a 
        stipulation entered into by the defendant and the United States 
        under section 143 of this Act, except that, in the absence of a 
        stipulation, the United States District Court or the United 
        States Magistrate Court, may order deportation as a condition 
        of probation, if, after notice and hearing pursuant to section 
        242A(c) of the Immigration and Nationality Act, the Attorney 
        General demonstrates by clear and convincing evidence that the 
        alien is deportable.''.

        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 as follows:
            (1) in paragraph (D), strike ``$100,000'' and insert 
        ``$10,000''; and
            (2) in paragraphs (F), (G), and (O) strike ``the term of 
        imprisonment imposed is at least 5 years'' and all 
        parenthetical text appearing within that phrase, and insert 
        ``punishable by imprisonment for 3 years or more'';
            (3) in paragraph (J)--
                    (A) strike ``for which a sentence of 5 years' 
                imprisonment or more may be imposed'' and insert 
                ``punishable by imprisonment for 3 years or more''; and
                    (B) strike ``offense described'' and insert 
                ``offense described in sections 1084 of title 18 (if it 
                is a second or subsequent offense), section 1955 of 
                such title (relating to gambling offenses), and'';
            (4) in paragraph (K)--
                    (A) strike ``or'' after the semicolon in 
                subparagraph (i);
                    (B) insert ``or'' after the semicolon in 
                subparagraph (ii); and
                    (C) insert, as new subparagraph (iii), ``is 
                described in sections 2421, 2422 or 2423 of title 18, 
                United States Code (relating to transportation for the 
                purpose of prostitution) for commercial advantage.'';
            (5) in paragraph (L), insert as new subparagraph (iii): 
        ``section 601 of the National Security Act of 1947, title 50, 
        United States Code (relating to protecting the identity of 
        undercover agents);
            (6) in paragraph (M) strike ``$200,000'' and insert 
        ``$10,000''.
            (7) redesignate paragraphs (P) and (Q) as paragraphs (R) 
        and (S), respectively, and add--
                    (A) as new paragraph (P) the following: ``any 
                offense relating to commercial bribery, counterfeiting, 
                forgery or trafficking in vehicles whose identification 
                numbers have been altered, which is punishable by 
                imprisonment for 3 years or more''; and
                    (B) as new paragraph (Q) the following: ``any 
                offense relating to perjury or subornation of perjury 
                which is punishable by imprisonment for 3 years or 
                more;'' and
            (8) in redesignated paragraph (R), strike ``15'' and insert 
        ``5''.
    (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. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    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. 143. 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. 144. JUDICIAL DEPORTATION.

    Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(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--
                    ``(A) 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);
                    ``(B) who has at any time been convicted of a 
                violation of section 276 (a) or (b) of the Immigration 
                and Nationality Act;
                    ``(C) who has at any time been convicted of a 
                violation of section 275 of the Immigration and 
                Nationality Act; or
                    ``(D) who is otherwise deportable pursuant to 
                sections 241(a)(1)(A) through 241(a)(5), inclusive, of 
                the Immigration and Nationality Act (8 U.S.C. 1251).
        A United States Magistrate shall have jurisdiction to enter a 
        judicial order of deportation at the time of sentencing where 
        the alien has been convicted of a misdemeanor offense and the 
        alien is deportable under this Act.''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Stipulated judicial order of deportation.--The United 
        States Attorney, with the concurrence of the Commissioner, may, 
        pursuant to Federal Rule of Criminal Procedure 11, enter into a 
        plea agreement which calls for the alien, who is deportable 
        under this Act, to waive the right to notice and a hearing 
        under this section, and stipulate to the entry of a judicial 
        order of deportation from the United States as a condition of 
        the plea agreement or as a condition of probation or supervised 
        release, or both. The United States District Court, in both 
        felony and misdemeanor cases, and the United States Magistrate 
        Court in misdemeanors cases, may accept such a stipulation and 
        shall have jurisdiction to enter a judicial order of 
        deportation pursuant to the terms of such stipulation.''.

SEC. 145. 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) It is the sense of the Congress that, effective on the date of 
enactment of this Act, no new treaty providing for the transfer of 
aliens from Federal or State incarceration facilities to a foreign 
incarceration facility should permit the prisoner to refuse the 
transfer.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 146. 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. 147. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.

    Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) 
is amended by adding at the end thereof the following:
    ``(d) Notwithstanding the provisions of the Federal Rules of 
Evidence, the videotaped (or otherwise audiovisually preserved) 
deposition of a witness to a violation of subsection (a) who has been 
deported or otherwise expelled from the United States or is otherwise 
unable to testify may be admitted into evidence in an action brought 
for that violation if the witness was available for cross examination 
and the deposition otherwise complies with the Federal Rules of 
Evidence.''.

           TITLE II--ILLEGAL IMMIGRATION INCENTIVE REDUCTION

                    PART A--PUBLIC BENEFITS CONTROL

SEC. 211. 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.

SEC. 212. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR 
              COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR AGENCY TO 
              FACILITATE BENEFIT FRAUD BY AN UNLAWFUL ALIEN.

    Section 506 of title 18, United States Code, is amended to read as 
follows:
``Sec. 506. Seals of departments or agencies
    ``(a) Whoever--
            ``(1) falsely makes, forges, counterfeits, mutilates, or 
        alters the seal of any department or agency of the United 
        States, or any facsimile thereof;
            ``(2) knowingly uses, affixes, or impresses any such 
        fraudulently made, forged, counterfeited, mutilated, or altered 
        seal or facsimile thereof to or upon any certificate, 
        instrument, commission, document, or paper of any description; 
        or
            ``(3) with fraudulent intent, possesses, sells, offers for 
        sale, furnishes, offers to furnish, gives away, offers to give 
        away, transports, offers to transport, imports, or offers to 
        import any such seal or facsimile thereof, knowing the same to 
        have been so falsely made, forged, counterfeited, mutilated, or 
        altered,
shall be fined under this title, or imprisoned not more than 5 years, 
or both.
    ``(b) Notwithstanding subsection (a) or any other provision of law, 
if a forged, counterfeited, mutilated, or altered seal of a department 
or agency of the United States, or any facsimile thereof, is--
            ``(1) so forged, counterfeited, mutilated, or altered;
            ``(2) used, affixed, or impressed to or upon any 
        certificate, instrument, commission, document, or paper of any 
        description; or
            ``(3) with fraudulent intent, possessed, sold, offered for 
        sale, furnished, offered to furnish, given away, offered to 
        give away, transported, offered to transport, imported, or 
        offered to import,
with the intent or effect of facilitating an unlawful alien's 
application for, or receipt of, a Federal benefit, the penalties which 
may be imposed for each offense under subsection (a) shall be two times 
the maximum fine, and 3 times the maximum term of imprisonment, or 
both, that would otherwise be imposed for an offense under subsection 
(a).
    ``(c) For purposes of this section--
            ``(1) the term `Federal benefit' has the meaning given such 
        term under section 293(c)(1);
            ``(2) the term `unlawful alien' has the meaning given such 
        term under section 293(c)(2); and
            ``(3) each instance of forgery, counterfeiting, mutilation, 
        or alteration shall constitute a separate offense under this 
        section.''.

SEC. 213. SPONSORSHIP ENHANCEMENT.

    (a) In General.--An alien who--
            (1) is excludable under section 212(a)(4) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(4));
            (2) has not given a suitable bond (as described in section 
        213 of the Immigration and Nationality Act (8 U.S.C. 1183)); 
        and
            (3) is otherwise admissible into the United States;
may only be admitted into the United States when sponsored by an 
individual (referred to in this section as the alien's ``sponsor'') who 
enters into a legally binding contract with the United States that 
guarantees financial responsibility for the alien until such alien 
becomes a United States citizen.
    (b) Contract Enhancement.--
            (1) In general.--A contract described in subsection (a) 
        shall provide--
                    (A) that the sponsor shall be liable for any costs 
                incurred by any Federal, State, or political 
                subdivision of a State for general public cash 
                assistance provided to such alien;
                    (B) that the sponsor shall--
                            (i) within 20 days of the alien's admission 
                        into the United States, purchase a policy of 
                        private health insurance (which meets the 
                        minimum guidelines established under paragraph 
                        (2)) on behalf of such alien and provide the 
                        Immigration and Naturalization Service with 
                        proof of such purchase; and
                            (ii) make any necessary premium payments 
                        for such policy on behalf of such alien for the 
                        duration of the sponsor's responsibility under 
                        the contract; and
                    (C) that the sponsor's responsibility under the 
                contract will continue until the date on which the 
                alien becomes a citizen of the United States.
            (2) Guidelines for health insurance policies.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        Secretary of Health and Human Services, after notice and 
        opportunity for public comment, shall establish minimum 
        guidelines with respect to private policies of health insurance 
        required under paragraph (1)(B)(i) that--
                    (A) specify the coverage and type of the insurance 
                required; and
                    (B) provide that the Attorney General shall be 
                given notice if the policy lapses or the scope of the 
                coverage changes prior to the end of the sponsor's 
                responsibility under the contract.
    (c) Enforcement.--
            (1) In general.--If general public cash assistance or 
        medical assistance under a State plan for medical assistance 
        approved under section 1902 of the Social Security Act (42 
        U.S.C. 1396a) is provided to a sponsored alien, the Attorney 
        General, a State, or a political subdivision of a State may 
        bring a civil suit against the sponsor in the United States 
        district court for the district in which the sponsor resides 
        for the recovery of any costs incurred by any Federal, State, 
        or political subdivision of a State in providing such cash 
        benefits or medical assistance provided to such alien.
            (2) Deportation.--The failure of a sponsor to comply with 
        the terms of the contract described in subsection (b)(1)(B) 
        may, subject to the contract, be grounds for deportation of the 
        sponsored alien in accordance with the provisions of the 
        Immigration and Naturalization Act and the deportation 
        procedures applicable under such Act.
    (d) Exceptions to Liability.--A sponsor or a sponsor's estate shall 
not be liable under a contract described in subsection (a) if the 
sponsor--
            (1) dies;
            (2) if the sponsor's family becomes impoverished as 
        determined by the official poverty line (as defined by the 
        Office of Management and Budget and revised annually in 
        accordance with section 673(2) of the Omnibus Budget 
        Reconciliation Act of 1981 applicable to the family of the size 
        involved) due to unforeseeable circumstances; or
            (3) is a debtor under title 11, United States Code, as such 
        term is defined in section 101 of such title.
    (e) Public Charge Test.--The Attorney General shall record the use 
of sponsorship by immigrant applicants to meet the public charge test 
for admission to the United States set forth in section 212(a)(4) of 
the Immigration and Naturalization Act (8 U.S.C. 1182(a)(4)).
    (f) Effective Date.--This section shall apply with respect to 
initial sponsorship-based applications for legal admission into the 
United States received on or after the date that is 90 days after the 
date of the enactment of this Act.

SEC. 214. STATE OPTION UNDER THE MEDICAID PROGRAM TO PLACE ANTI-FRAUD 
              INVESTIGATORS IN HOSPITALS.

    (a) In General.--Section 1902(a) of the Social Security Act (42 
U.S.C. 1396a(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (61);
            (2) by striking the period at the end of paragraph (62) and 
        inserting ``and''; and
            (3) by adding after paragraph (62) the following new 
        paragraph:
            ``(63) in the case of a State that is certified by the 
        Attorney General as a high illegal immigration State (as 
        determined by the Attorney General), at the option of the 
        State, establish and operate a program for the placement of 
        anti-fraud investigators in State, county, and private 
        hospitals located in the State to verify the immigration status 
        and income eligibility of applicants for medical assistance 
        under the State plan prior to the furnishing of medical 
        assistance.''.
    (b) Payment.--Section 1903 of such Act (42 U.S.C. 1396b) is 
amended--
            (1) by striking ``plus'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``plus''; and
            (3) by adding at the end the following new paragraph:
            ``(8) an amount equal to the Federal medical assistance 
        percentage (as defined in section 1905(b)) of the total amount 
        expended during such quarter which are attributable to 
        operating a program under section 1902(a)(63).''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first calendar quarter beginning 
after the date of the enactment of this Act.

SEC. 215. PORTS-OF-ENTRY BENEFITS TASK FORCE DEMONSTRATION PROJECTS.

    (a) In General.--
            (1) Project described.--The Attorney General shall make 
        grants to States to conduct demonstration projects in 
        accordance with subsection (b) for the purpose of establishing 
        and operating a task force at one or more southwestern ports-
        of-entry located in a State in order to--
                    (A) detect individuals attempting to enter the 
                United States to illegally obtain Federal or State 
                benefits; and
                    (B) identify individuals who have previously 
                illegally obtained such benefits.
            (2) Southwestern port-of-entry.--For purposes of this 
        section, the term ``southwestern port-of-entry'' means an 
        official entry point along the southwestern land border of the 
        continental United States.
    (b) Requirements of Project.--A project conducted in accordance 
with this subsection shall provide that a task force under the project 
shall--
            (1) interview and investigate an individual entering into 
        the United States at a southwestern port-of-entry if the 
        individual is suspected of being an individual described in 
        subparagraphs (A) or (B) of subsection (a)(1) (as determined by 
        comparing the entering individual with a profile (developed by 
        the task force) of individuals described in such 
        subparagraphs); and
            (2) integrate the computer systems of the Immigration and 
        Naturalization Service and the agency administering the State 
        plan for medical assistance approved under section 1902 of the 
        Social Security Act (42 U.S.C. 1396a) in order to detect 
        individuals described in subparagraphs (A) and (B) of 
        subsection (a)(1) prior to the individual's entry into the 
        United States at a southwestern port-of-entry.
    (c) Applications.--
            (1) In general.--Each State desiring to conduct a 
        demonstration project under this section shall prepare and 
        submit to the Attorney General an application at such time, in 
        such manner, and containing such information as the Attorney 
        General may require.
            (2) Priority.--The Attorney General shall give priority in 
        awarding grants under this section to States that desire to 
        establish demonstration projects at southwestern ports-of-entry 
        that--
                    (A) have the highest numbers of legal crossings 
                attempted in fiscal year 1995;
                    (B) have the highest numbers of illegal aliens 
                determined by the Attorney General to be resident in 
                the State in which the southwestern port-of-entry is 
                located; and
                    (C) meet such other factors as the Attorney General 
                determines are reasonably related to maximizing the 
                degree to which Federal and State benefits fraud may be 
                reduced through operation of the project.
    (d) Scope and Location.--The Attorney General shall authorize 
demonstration projects in not less than 6 southwestern ports-of-entry 
under this section.
    (e) Duration.--A demonstration project under this section shall be 
conducted for a period not to exceed 2 years.
    (f) Reports.--A State that conducts a demonstration project under 
this section shall prepare and submit to the Attorney General annual 
and final reports in such form and containing such information as the 
Attorney General may require.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary in fiscal years 1996 and 
1997 for the purpose of conducting demonstration projects in accordance 
with this section.

                   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 1996 and 1997 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.

SEC. 222. ENHANCED PENALTIES FOR UNLAWFUL EMPLOYMENT OF ALIENS.

    (a) Hiring, Recruiting, and Referral Violations.--Section 
274A(e)(4) of the Immigration and Nationality Act (8 U.S.C. 
1324a(e)(4)) is amended--
            (1) in clause (i), by striking ``$250'' and ``$2,000'' and 
        inserting ``$1,000'' and ``$3,000'', respectively;
            (2) in clause (ii), by striking ``$2,000'' and ``$5,000'' 
        and inserting ``$3,000'' and ``$7,000'', respectively; and
            (3) in clause (iii), by striking ``$3,000'' and ``$10,000'' 
        and inserting ``$7,000'' and ``$20,000'', respectively.
    (b) Pattern or Practice Violations.--Section 274A(f) of such Act is 
amended by striking ``$3,000'' and ``six months'' and inserting 
``$9,000'' and ``two years''.

SEC. 223. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED 
              TO BE EMPLOYED IN THE UNITED STATES.

    (a) In General.--Section 32(c)(1) of the Internal Revenue Code of 
1986 (relating to individuals eligible to claim the earned income tax 
credit) is amended by adding at the end the following new subparagraph:
                    ``(F) Identification number requirement.--The term 
                `eligible individual' does not include any individual 
                who does not include on the return of tax for the 
                taxable year--
                            ``(i) such individual's taxpayer 
                        identification number, and
                            ``(ii) if the individual is married (within 
                        the meaning of section 7703), the taxpayer 
                        identification number of such individual's 
                        spouse.''
    (b) Special Identification Number.--Section 32 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subsection:
    ``(k) Identification Numbers.--Solely for purposes of subsections 
(c)(1)(F) and (c)(3)(D), a taxpayer identification number means a 
social security number issued to an individual by the Social Security 
Administration (other than a social security number issued pursuant to 
clause (II) (or that portion of clause (III) that relates to clause 
(II)) of section 205(c)(2)(B)(i) of the Social Security Act).''
    (c) Extension of Procedures Applicable to Mathematical or Clerical 
Errors.--Section 6213(g)(2) of the Internal Revenue Code of 1986 
(relating to the definition of mathematical or clerical errors) is 
amended by striking ``and'' at the end of subparagraph (D), by striking 
the period at the end of subparagraph (E) and inserting ``, and'', and 
by inserting after subparagraph (E) the following new subparagraph:
                    ``(F) an omission of a correct taxpayer 
                identification number required under section 23 
                (relating to credit for families with younger children) 
                or section 32 (relating to the earned income tax 
                credit) to be included on a return.''
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1995.

SEC. 224. ENHANCED MINIMUM CRIMINAL PENALTIES FOR EXTORTION OR 
              INVOLUNTARY HOLDING OF ALIENS ENGAGED IN UNLAWFUL 
              EMPLOYMENT.

    (a) Amendment to the Immigration and Nationality Act.--The 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
inserting after section 274C the following new section:

   ``criminal penalties for extortion of aliens engaged in unlawful 
                               employment

    ``Sec. 274D. (a) Activities Prohibited.--Any person who, by 
threatening to disclose the immigration status of an individual known 
or suspected not to be a lawful resident of the United States to any 
Federal, State or local government agency or employee, induces or 
coerces (or attempts to induce or coerce) that individual to work for 
unlawfully low compensation, under unlawfully unsafe or unhealthy 
conditions, or to obtain from or through the person food, shelter, 
medical care, medicine, transportation, clothing, tools or other 
devices or equipment, shall be fined in accordance with title 18, 
United States Code, imprisoned for a first offense not less than 5 
years or more than 10 years, and imprisoned for subsequent offenses not 
less than 10 or more than 15 years, for each individual so threatened.
    ``(b) Adjusted Sentencing Guidelines.--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, to provide that an offender 
convicted of violating, or conspiring to violate, this section shall be 
assigned a base offense level under the guidelines that is--
            ``(1) in the case of a first offense, not lower than 26;
            ``(2) in the case of an offender with one prior felony 
        conviction, not lower than 34; and
            ``(3) in the case of bodily injury to such alien, a 
        required enhancement of between 2 and 6 offense levels in 
        proportion to the severity of the injury inflicted.
    ``(c) Definition.--As used in this section, the term `lawful 
resident of the United States' includes any person who is--
            ``(A) a United States citizen or national;
            ``(B) an alien lawfully admitted to the United States for 
        permanent residence;
            ``(C) a nonimmigrant alien described in section 101(a)(15);
            ``(D) an asylee;
            ``(E) a refugee;
            ``(F) an alien whose deportation is being withheld under 
        section 243(h);
            ``(G) a parolee; or
            ``(H) a Chinese national described in section 2(b) of the 
        Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) 
        who, as of the date of enactment of this section, has applied 
        for adjustment of status in accordance with such Act.''.
    (d) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 274C the following new item:

``Sec. 274D. Criminal penalties for extortion of aliens engaged in 
                            unlawful employment.''.

SEC. 225. 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.

                  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 1996 and 1997 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 1996 
and 1997 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.

          TITLE III--ENHANCED SMUGGLING CONTROL AND PENALTIES

SEC. 301. MINIMUM CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    (a) Minimum Alien Smuggling Penalties.--
            (1) Section 1324(a)(2)(B) of Title 8, United States Code is 
        amended--
                    (A) by striking ``for each transaction constituting 
                a violation of this paragraph, regardless of the number 
                of aliens involved'' and inserting ``for each alien in 
                respect to whom a violation of this paragraph occurs''; 
                and
                    (B) by striking ``imprisoned not more than 10 
                years'' and inserting ``imprisoned for a first offense 
                not less than two and one half or more than 5 years, 
                imprisoned for a second offense not less than 5 years 
                or more than 10 years, and imprisoned for subsequent 
                offenses not less than 10 or more than 15 years'';
Pursuant to section 994 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 to provide 
that an offender convicted of smuggling, transporting, or harboring an 
unlawful alien under dangerous or inhumane conditions in violation of 
title 18, United States Code, section 1324(a)(2)(B)(ii) shall be 
assigned a base offense level under chapter 2 of the sentencing 
guidelines that is--
            (1) in the case of a first offense, not lower than 22;
            (2) in the case of an offender with one prior felony 
        conviction, not lower than 26;
            (3) in the case of an offender with two prior felony 
        convictions, not lower than 32;
            (4) in the case of bodily injury to such alien, a required 
        enhancement of between 2 and 6 offense levels in proportion to 
        the severity of the injury inflicted; and
            (5) in the case of the death of an alien, not lower than 
        41.

SEC. 302. 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 
sections 1541, 1542, 1543, 1544, 1545, or 1546 of title 18, United 
States Code, or which constitutes or is derived from or traceable to 
the proceeds obtained directly or indirectly from a commission of a 
violation of such sections of title 18, United States Code, 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 section 1546 of title 18, United States Code, 
        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. 303. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended in 
paragraph (c), by inserting after ``trains)'' the following: ``, or a 
felony violation of section 1425 (relating to the procurement of 
citizenship or nationalization unlawfully), section 1426 (relating to 
the reproduction of naturalization or citizenship papers), section 1427 
(relating to the sale of naturalization or citizenship papers)''.

SEC. 304. LIMITATION ON SECTION 212(c) AUTHORITY.

    Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 
1182(c)) is amended in the third sentence by striking the period and 
inserting ``, an alien who has been convicted of an offense described 
in section 274(a)(1) done for the purpose of commercial advantage or 
private financial gain, or an alien who has been convicted of an 
offense described in section 274(a)(2)(B)(ii)''.

SEC. 305. 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

SEC. 401. MINIMUM CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

    (a) Minimum Document Fraud Penalties.--(1) Sections 1028, 1425, 
1426, 1427 and 1546(a) of title 18, United States Code are amended by 
striking ``not more than 5 years'' and inserting ``for a first offense 
not less than two and one half or more than 5 years, imprisoned for a 
second offense not less than 5 years or more than 10 years, and 
imprisoned for subsequent offenses not less than 10 or more than 15 
years''.
    (b) Adjusted Sentencing Guidelines.--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, to provide that an offender 
convicted of violating, or conspiring to violate, sections 1028, 1425, 
1426, 1427 and 1546(a) of title 18, United States Code, shall be 
assigned a base offense level under chapter 2 of the guidelines that 
is--
            (1) in the case of a first offense, not lower than 22;
            (2) in the case of an offender with one prior felony 
        conviction, not lower than 26;
            (3) in the case of an offender with two prior felony 
        convictions, not lower than 32; and
            (4) in the case of procurement, production, transfer, or 
        possession of more than 5 documents or related implements 
        within the scope of this section, a required enhancement of 
        between 1 and 5 offense levels in proportion to the quantity of 
        documents at issue.

                   TITLE V--BORDER CROSSING USER FEE

SEC. 501. IMMIGRATION LAW ENFORCEMENT FUND.

    (a) Establishment of Fund.--There is hereby established in the 
Treasury of the United States a revolving fund known as the Immigration 
Law Enforcement Fund (hereafter in this section referred to as the 
``Fund'').
    (b) Border Crossing User Fee.--Notwithstanding any other provision 
of law or treaty to which the United States is a party, the Attorney 
General, in consultation with the Secretaries of State and the 
Treasury, and such other parties as the Attorney General deems 
appropriate, shall collect from each individual entering into the 
United States by land or sea, without regard to the immigration or 
citizenship status of such individual a border crossing user fee of $1.
    (c) Fee Adjustment and Special Fee Program Authority.--
Notwithstanding subsection (b), the Attorney General may--
            (1) 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
            (2) develop and implement special discounted fee programs 
        for frequent border crossers including, but not limited to, 
        commuter coupon books or passes.
    (d) Authorize Roll-Over of Fund Surpluses From Year-to-Year.--There 
shall be deposited in the Fund amounts received by the Attorney General 
as fees collected under subsection (b).
    (e) Uses of User Fee Fund.--(1) The Fund shall be available to the 
Attorney General, to the extent and in the amounts provided in 
appropriation Acts and without fiscal year limitation, to pay for 
matters authorized under this Act, as follows:
            (A) For additional salaries and expenses incurred by reason 
        of the employment of personnel under this Act, including, but 
        not limited to, Border Patrol, inspection, investigation, 
        enforcement, and security personnel, and adjudication officers.
            (B) For costs relating to land border crossing 
        infrastructure improvement.
            (C) For costs relating to the acquisition by the Department 
        of Justice of technology and equipment (including, but not 
        limited to, aircraft, helicopters, four wheel drive vehicles, 
        sedans, night vision goggles, night vision scopes, and sensor 
        units).
            (D) 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.
            (E) For the cost of expediting initial asylum claim review 
        procedures.
            (F) For the cost of devising and implementing regulatory 
        reform of the affirmative asylum adjudication process.
            (G) For the cost of expanding the Institutional Hearing 
        Program.
            (H) For the cost of expanding the Advanced Passenger 
        Information System.
            (I) For the cost of increasing rewards for information 
        leading to the arrest and conviction of terrorists.
            (J) For the cost of conducting classes, or otherwise 
        assisting or encouraging, legal immigrants to the United States 
        to attain American citizenship.
            (K) 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.
    (2) Funds made available under subparagraph (A) in each fiscal year 
shall be allotted to districts of the Immigration and Naturalization 
Service in proportion to the amount of illegal immigration in each 
district as the Attorney General finds to have occurred in the 
preceding fiscal year and reasonably anticipated in the coming fiscal 
year.
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