[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 754 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 754

   To amend the Immigration and Nationality Act to more effectively 
prevent illegal immigration by improving control over the land borders 
of the United States, preventing illegal employment of aliens, reducing 
 procedural delays in removing illegal aliens from the United States, 
   providing wiretap and asset forfeiture authority to combat alien 
smuggling and related crimes, increasing penalties for bringing aliens 
unlawfully into the United States, and making certain miscellaneous and 
             technical amendments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                  May 3 (legislative day, May 1), 1995

  Mr. Kennedy (for himself, Mr. Simon, and Mrs. Boxer) 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 more effectively 
prevent illegal immigration by improving control over the land borders 
of the United States, preventing illegal employment of aliens, reducing 
 procedural delays in removing illegal aliens from the United States, 
   providing wiretap and asset forfeiture authority to combat alien 
smuggling and related crimes, increasing penalties for bringing aliens 
unlawfully into the United States, and making certain miscellaneous and 
             technical amendments, and for other purposes.
    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 ``Immigration Enforcement Improvements 
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--BORDER ENFORCEMENT

Sec. 101. Authorization for border control strategies.
Sec. 102. Border Patrol expansion.
Sec. 103. Land border inspection enhancements.
Sec. 104. Increased penalties for failure to depart, illegal reentry, 
                            and passport and visa fraud.
Sec. 105. Pilot program on interior repatriation of deportable or 
                            excludable aliens.
Sec. 106. Special exclusion in extraordinary migration situations.
Sec. 107. Immigration emergency provisions.
Sec. 108. Commuter lane pilot programs.
       TITLE II--CONTROL OF UNLAWFUL EMPLOYMENT AND VERIFICATION

Sec. 201. Reducing the number of employment verification documents.
Sec. 202. Employment verification pilot projects.
Sec. 203. Confidentiality of data under employment eligibility 
                            verification pilot projects.
Sec. 204. Collection of social security numbers.
Sec. 205. Employer sanctions penalties.
Sec. 206. Criminal penalties for document fraud.
Sec. 207. Civil penalties for document fraud.
Sec. 208. Subpoena authority.
Sec. 209. Increased penalties for employer sanctions involving labor 
                            standards violations.
Sec. 210. Increased civil penalties for unfair immigration-related 
                            employment practices.
Sec. 211. Retention of employer sanctions fines for law enforcement 
                            purposes.
Sec. 212. Telephone verification system fee.
Sec. 213. Authorizations.
                    TITLE III--ILLEGAL ALIEN REMOVAL

Sec. 301. Civil penalties for failure to depart.
Sec. 302. Judicial deportation.
Sec. 303. Conduct of proceedings by electronic means.
Sec. 304. Subpoena authority.
Sec. 305. Stipulated exclusion and deportation.
Sec. 306. Streamlining appeals from orders of exclusion and 
                            deportation.
Sec. 307. Sanctions against countries refusing to accept deportation of 
                            their nationals.
Sec. 308. Custody of aliens convicted of aggravated felonies.
Sec. 309. Limitations on relief from exclusion and deportation.
Sec. 310. Rescission of lawful permanent resident status.
Sec. 311. Increasing efficiency in removal of detained aliens.
                   TITLE IV--ALIEN SMUGGLING CONTROL

Sec. 401. Wiretap authority for investigations of alien smuggling and 
                            document fraud.
Sec. 402. Applying racketeering offenses to alien smuggling.
Sec. 403. Expanded asset forfeiture for smuggling or harboring aliens.
Sec. 404. Increased criminal penalties for alien smuggling.
Sec. 405. Undercover investigation authority.
Sec. 406. Amended definition of aggravated felony.
                  TITLE V--INSPECTIONS AND ADMISSIONS

Sec. 501. Civil penalties for bringing inadmissible aliens from 
                            contiguous territories.
Sec. 502. Definition of stowaway; excludability of stowaway; carrier 
                            liability for costs of detention.
Sec. 503. List of alien and citizen passengers arriving or departing.
Sec. 504. Eliminiation of limitations on immigration user fees for 
                            certain cruise ship passengers.
Sec. 505. Transportation line responsibility for transmit without visa 
                            aliens.
Sec. 506. Authority to determine visa processing procedures.
Sec. 507. Border services user fee.
            TITLE VI--MISCELLANEOUS AND TECHNICAL AMENDMENTS

Sec. 601. Alien prostitution.
Sec. 602. Grants to states for medical assistance to underdocumented 
                            immigrants.
Sec. 603. Technical corrections to Violent Crime Control Act and 
                            Technical Corrections Act.
Sec. 604. Expeditious deportation.
Sec. 605. Authorization for use of volunteers.
                      TITLE I--BORDER ENFORCEMENT

SEC. 101. AUTHORIZATION FOR BORDER CONTROL STRATEGIES.

    There are authorized to be appropriated to the Department of 
Justice such funds as may be necessary to provide for expansion of 
efforts to prevent illegal immigration through direct deterrance at the 
land borders of the United States.

SEC. 102. BORDER PATROL EXPANSION.

    The Attorney General, in each of fiscal years 1996, 1997, and 1998, 
shall increase to the maximum extent feasible and consistent with 
standards of professionalism and training requirements, the number of 
full time, active-duty Border Patrol agents by no fewer than 700, above 
the number of such agents on duty at the end of fiscal year 1995, as 
well as hire an appropriate number of personnel needed to support these 
agents.

SEC. 103. LAND BORDER INSPECTION ENHANCEMENTS.

    To eliminate undue delay in the thorough inspection of persons and 
vehicles lawfully attempting to enter the United States, the Attorney 
General, subject to appropriation or availability of funds in the 
Border Services User Fee Account, shall increase in fiscal years 1996 
and 1997 the number of full time land border inspectors assigned to 
active duty by the Immigration and Naturalization 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.

SEC. 104. INCREASED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, 
              AND PASSPORT AND VISA FRAUD.

    (a) The United States Sentencing Commission shall promptly 
promulgate, pursuant to section 994 of title 28, United States Code, 
amendments to the sentencing guidelines to make appropriate increases 
in the base offense levels for offenses under section 242(e) and 276(b) 
of the Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b)) 
to reflect the amendments made by section 13001 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat. 
1796, 2023 September 13, 1994).
    (b) The United States Sentencing Commission shall promptly 
promulgate, pursuant to section 994 of title 28, United States Code, 
amendments to the sentencing guidelines to make appropriate increases 
in the base offense levels for offenses under sections 1541-1546 of 
title 18, United States Code, to reflect the amendments made by section 
130009 of the Violent Crime Control and Law Enforcement Act of 1994, 
Public Law 103-322, 108 Stat. 1796, 2030 (September 13, 1994).

SEC. 105. PILOT PROGRAM ON INTERIOR REPATRIATION OF DEPORTABLE OR 
              EXCLUDABLE ALIENS.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General, after consultation with 
the Secretary of State, may establish a pilot program for up to two 
years which provides for interior repatriation and other disincentives 
for multiple unlawful entries into the United States.
    (b) Report.--If the Attorney General establishes such a pilot 
program, not later than 3 years after the date of enactment of this 
Act, the Attorney General, together with the Secretary of State, shall 
submit a report to the Committees on the Judiciary of the House of 
Representatives and of the Senate on the operation of the pilot program 
under this section and whether the pilot program or any part thereof 
should be extended or made permanent.

SEC. 106. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION SITUATIONS.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
is amended--
            (a) in subsection (b), by inserting at the end the 
        following sentence: ``If the alien has arrived from a foreign 
        territory contiguous to the United States, either at a land 
        port of entry or on the land of the United States other than at 
        a designated port of entry, the alien may be returned to that 
        territory pending the inquiry.''; and
            (b) by adding at the end the following new subsections (d) 
        and (e):
    ``(d) Special Exclusion for Extraordinary Migration Situations.--
            ``(1) Notwithstanding the provisions of section (b) of this 
        section and of section 236, the Attorney General under the 
        circumstances described in subparagraphs (A) or (B) may, 
        without referral to an immigration judge, order the exclusion 
        and deportation of an alien who appears to an examining 
        immigration officer to be excludable. The Attorney General 
        shall by regulation establish a procedure for special orders of 
        exclusion and deportation under this subsection when, in the 
        case of an alien who is, or aliens who are excludable under 
        section 212(a)--
                    ``(A) The Attorney General determines that the 
                numbers or circumstances of aliens en route to or 
                arriving in the United States, including by aircraft, 
                present an extraordinary migration situation; or
                    ``(B) The alien--
                            ``(i) is brought or escorted under the 
                        authority of the United States into the United 
                        States, having been on board a vessel 
                        encountered outside of the territorial waters 
                        of the United States by officers of the United 
                        States;
                            ``(ii) is brought or escorted under the 
                        authority of the United States to a port of 
                        entry, having been on board a vessel 
                        encountered within the territorial sea or 
                        internal waters of the United States; or
                            ``(iii) has arrived on a vessel 
                        transporting aliens to the United States 
                        without such alien having received prior 
                        official authorization to come to, enter, or 
                        reside in the United States.
        The judgment whether there exists an extraordinary migration 
        situation within the meaning of (A) or whether to invoke the 
        provisions of (B) is committed to the sole and exclusive 
        discretion of the Attorney General: Provided, That the 
        provisions of this subsection may be invoked by the Attorney 
        General under subparagraph (A) for a period not to exceed 
        ninety days, unless, within such ninety-day period or extension 
        thereof, the Attorney General determines, after consultation 
        with the Committees on the Judiciary of the Senate and the 
        House of Representatives, that an extraordinary migration 
        situation continues to warrant such procedures remaining in 
        place for an additional ninety-day period.
            ``(2) As used in this section, `extraordinary migration 
        situation' means the arrival or imminent arrival in the United 
        States or its territorial waters of aliens who by their numbers 
        or circumstances substantially exceed the capacity for the 
        inspection and examination of such aliens.
            ``(3) When the Attorney General determines to invoke the 
        provisions of paragraph (1), the Attorney General may, pursuant 
        to this section and sections
         235(e) and 106(f), suspend the normal operation of immigration 
regulations regarding the inspection and exclusion of aliens.
            ``(4) No alien may be ordered specially excluded under 
        paragraph (1) if--
                    ``(A) such alien is eligible to seek and seeks 
                asylum under section 208; and
                    ``(B) the Attorney General determines that such 
                alien has a credible fear of persecution on account of 
                race, religion, nationality, membership in a particular 
                social group, or political opinion, in the country of 
                such person's nationality, or in the case of a person 
                having no nationality, the country in which such person 
                last habitually resided.
        The Attorney General may by regulation provide that, 
        notwithstanding this paragraph, an alien may be returned to a 
        country where the alien does not have a credible fear of 
        persecution or of return to persecution. As used herein, the 
        term `credible fear of persecution' means that--
                    ``(A) there is a substantial likelihood that the 
                statements made by the alien in support of his or her 
                claim are true; and
                    ``(B) in light of such statements and country 
                conditions, the alien has a reasonable possibility of 
                establishing eligibility as a refugee within the 
                meaning of section 101(a)(42)(A). An alien determined 
                to have a credible fear of persecution shall be taken 
                before an immigration judge for a hearing in accordance 
                with section 236.
            ``(5) Notwithstanding the provisions of paragraph (4), the 
        Attorney General may provide that an application for asylum 
        made by an alien arriving in the United States under the 
        circumstances described in subparagraph (A) of paragraph (1) be 
        considered pursuant to section 208 and any regulations 
        promulgated thereunder for applications considered pursuant to 
        this paragraph: Provided, however, That an alien not granted 
        asylum is subject to a special order of exclusion under 
        paragraph (1).
            ``(6) A special exclusion order entered in accordance with 
        the provisions of this subsection is not subject to 
        administrative appeal, except that the Attorney General shall 
        provide by regulation for--
                    ``(A) prompt review of such an order against an 
                applicant who appears to have been lawfully admitted 
                for permanent residence; and
                    ``(B) prompt review of such an order entered 
                against an alien physically present in the United 
                States who has sought asylum under section 208 and was 
                determined not to have a credible fear of persecution 
                under paragraph (4). Such review shall be conducted by 
                an officer or officers of the Department of Justice 
                specially trained in asylum and refugee law.
            ``(7) A special exclusion order 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(f).
            ``(8) Nothing in this subsection shall be regarded as 
        requiring a hearing before an immigration judge in the case of 
        an alien crewman or alien stowaway.
    ``(e) No Collateral Attack.--In any action brought for the 
assessment of penalties for improper entry or reentry of an alien under 
section 275 and 276 of the Immigration and Nationality Act, no court 
shall have jurisdiction to hear claims attacking the validity of orders 
of special exclusion entered under this section.''.

SEC. 107. IMMIGRATION EMERGENCY PROVISIONS.

    (a) Reimbursement of Federal Agencies From Immigration Emergency 
Fund.--Section 404(b) of the Immigration and Nationality Act (8 U.S.C. 
1101 note) is amended--
            (1) in paragraph (1) after ``paragraph (2)'' by replacing 
        ``and'' with ``,'', striking ``State'', inserting ``other 
        Federal agencies and States'', inserting ``and for the costs 
        associated with repatriation of aliens attempting to enter the 
        United States illegally, whether apprehended within or outside 
        the territorial sea of the United States'' before ``except'', 
        and by adding the following language at the end of paragraph 
        (1): ``Provided, That the fund may be used for the costs of 
        such repatriations without the requirement for a determination 
        by the President that an immigration emergency exists.''; and
            (2) in paragraph (2)(A), by inserting ``to Federal agencies 
        providing support to the Department of Justice or'' after 
        ``available''.
    (b) Vessel Movement Controls.--Section 191 of title 50, United 
States Code, is amended by inserting ``or whenever the Attorney General 
determines that an actual or anticipated mass migration of aliens en 
route to or arriving off the coast of the United States presents urgent 
circumstances requiring an immediate Federal response,'' after ``United 
States,'' the first time it appears.
    (c) Delegation of Immigration Enforcement Authority.--Section 103 
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by 
adding at the end of subsection (a) a new sentence to read as follows:
 ``In the event the Attorney General determines that an actual or 
imminent mass influx of aliens arriving off the coast of the United 
States presents urgent circumstances requiring an immediate Federal 
response, the Attorney General may authorize, with the consent of the 
head of the department, agency, or establishment under whose 
jurisdiction the individual is serving, any specially designated State 
or local law enforcement officer to perform or exercise any of the 
powers, privileges, or duties conferred or imposed by this Act or 
regulations issued thereunder upon officers or employees of the 
Service.''.

SEC. 108. COMMUTER LANE PILOT PROGRAMS.

    (a) Section 286(q) of the Immigration and Nationality Act (8 U.S.C. 
1356) is amended--
            (1) in paragraph (1), by striking ``a project'' and 
        inserting ``projects'';
            (2) in paragraph (1), by striking ``Such project'' and 
        inserting ``Such projects''; and
            (3) by striking paragraph (5).
    (b) The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriation Act, 1994 (Public Law 103-121, 107 
Stat. 1161) is amended by striking the fourth proviso under the heading 
``Immigration and Naturalization Service, Salaries and Expenses''.

       TITLE II--CONTROL OF UNLAWFUL EMPLOYMENT AND VERIFICATION

SEC. 201. REDUCING THE NUMBER OF EMPLOYMENT VERIFICATION DOCUMENTS.

    (a) Provision of Social Security Account Numbers.--Section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a) is amended by 
adding at the end of subsection (b)(2) a new sentence to read as 
follows: ``The Attorney General is authorized to require an individual 
to provide on the form described in subsection (b)(1)(A) that 
individual's Social Security account number for purposes of complying 
with this section.''.
    (b) Changes in Acceptable Documentation for Employment 
Authorization and Identity.--Section 274A(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking clauses (ii), (iii), and (iv) and 
                redesignating clause (v) as clause (ii),
                    (B) in clause (i), by adding at the end ``or'', and
                    (C) in redesignated clause (ii), by revising the 
                introductory text to read as follows:
                            ``(ii) resident alien card, alien 
                        registration card, or other document designated 
                        by regulation by the Attorney General, if the 
                        document--''; and
                    (D) in redesignated clause (ii) by striking the 
                period after subclause (II) and by adding a new 
                subclause (III) to read as follows:
                                    ``(III) and contains appropriate 
                                security features.'' and
            (2) in subparagraph (C)--
                    (A) by inserting ``or'' after the ``;'' at the end 
                of clause (i),
                    (B) by striking clause (ii), and
                    (C) by redesignating clause (iii) as clause (ii).
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to hiring (or recruiting or referring) 
occurring on or after such date (not later than 180 days after the date 
of the enactment of this Act) as the Attorney General shall designate.

SEC. 202. EMPLOYMENT VERIFICATION PILOT PROJECTS.

    (a) The Attorney General, together with the Commissioner of Social 
Security, shall conduct pilot projects to test methods to accomplish 
reliable verification of eligibility for employment in the United 
States. The pilot projects tested may include--
            (1) an expansion of the telephone verification system to 
        include, by the end of fiscal year 1996, participation by up to 
        1,000 employers;
            (2) a process which allows employers to verify the 
        eligibility for employment of new employees using Social 
        Security Administration (SSA) records and, if necessary, to 
        conduct a cross-check using immigration and Naturalization 
        Service (INS) records;
            (3) a simulated linkage of the electronic records of the 
        INS and the SSA to test the technical feasibility of 
        establishing a linkage between the actual electronic records of 
        the INS and the SSA; or
            (4) improvements and additions to the electronic records of 
        the INS and the SSA for the purpose of using such records for 
        verification of employment eligibility.
    (b) The pilot projects referred to in subsection (a) shall be 
conducted in such locations and with such number of employers as is 
consistent with their pilot status.
    (c) The pilot projects referred to in subsection (a) shall begin 
not later than 12 months after the enactment of this Act and may 
continue for a period of 3 years. During the pilot projects, the 
Attorney General shall track complaints of discrimination arising from 
the administration or enforcement of the pilot projects. Not later than 
60 days prior to the conclusion of this 3-year period, the Attorney 
General shall submit to the Congress a report on the pilot projects. 
The report shall include evaluations of each of the pilot projects 
according to the following criteria: cost effectiveness, technical 
feasibility, resistance to fraud, protection of confidentiality and 
privacy, and protection against discrimination, and which projects, if 
any, should be adopted.
    (d) Upon completion of the report required by subsection (c), the 
Attorney General is authorized to continue implementation on a pilot 
basis for an additional period of 1 year any or all of the pilot 
projects authorized in subsection (a). The Attorney General shall 
inform Congress of a decision to exercise this authority not later than 
the end of the 3-year period specified in subsection (c).
    (e) Nothing in this section shall exempt the pilot projects from 
any and all applicable civil rights laws, including, but not limited 
to, section 102 of the Immigration Reform and Control Act of 1986, as 
amended; title VII of the Civil Rights Act of 1964, as amended; the Age 
Discrimination in Employment Act of 1967, as amended; the Equal Pay Act 
of 1963, as amended; and the Americans with Disabilities Act of 1990, 
as amended.
    (f) In conducting the pilot projects referred to in subsection (a), 
the Attorney General may require appropriate notice to prospective 
employees concerning the employers' participation in the pilot 
projects. Any notice should contain information for filing complaints 
with the Attorney General regarding operation of the pilot projects, 
including discrimination in the hiring and firing of employees and 
applicants on the basis of race, national origin, or citizenship 
status.

SEC. 203. CONFIDENTIALITY OF DATA UNDER EMPLOYMENT ELIGIBILITY 
              VERIFICATION PILOT PROJECTS.

    (a) Any personal information obtained in connection with a pilot 
project under section 202 may not be made available to government 
agencies, employers, or other persons except to the extent necessary--
            (1) to verify that an employee is not an unauthorized alien 
        (as defined in section 274a(h)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(h)(3));
            (2) to take other action required to carry out section 202; 
        or
            (3) to enforce the Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) or sections 911, 1001, 1028, 1546, or 1621 
        of title 18, United States Code.
    (b) No employer may participate in a pilot project under section 
202 unless the employer has in place such procedures as the Attorney 
General shall require--
            (1) to safeguard all personal information from unauthorized 
        disclosure and condition redisclosure of such information to 
        any person or entity upon its agreement also to safeguard such 
        information; and
            (2) to provide notice to all individuals of the right to 
        request an agency to correct or amend the individual's record 
        and the steps to follow to make such a request.
    (c)(1) Any person who is a United States citizen, United States 
national, lawful permanent resident, or other employment authorized 
alien, and who is subject to work authorization verification under 
section 202 shall be considered an individual under section 552a(a)(2) 
of title 5, United States Code, but only with respect to records 
covered by this section.
    (2) For purposes of this section, a record shall mean an item, 
collection, or grouping of information about an individual that is 
created, maintained, or used by a Federal agency in the course of a 
pilot project under section 202 to make a final determination 
concerning an individual's authorization to work in the United States, 
and that contains the individual's name or identifying number, symbol, 
or other identifying particular assigned to the individual.
    (d) Whenever an employer or other person willfully and knowingly--
            (1) discloses or uses information for a purpose other than 
        those permitted under subsection (a), or
            (2) fails to comply with a requirement of the Attorney 
        General pursuant to subsection (b),
after notice and opportunity for an administrative hearing conducted by 
the Attorney General or the Commissioner of Social Security, as 
appropriate, or by a designee, the employer or other person shall be 
subject to a civil money penalty of not less than $1,000 nor more than 
$10,000 for each violation. In determining the amount of the penalty, 
consideration shall be given to the intent of the person committing the 
violation, the impact of the violation, and any history of previous 
violations by the person.
    (e) Nothing in this section shall limit the rights and remedies 
otherwise available to United States citizens and lawful permanent 
residents under section 552a of title 5, United States Code.
    (f) Nothing in this section or in section 202 shall be construed to 
authorize, directly or indirectly, the issuance or use of national 
identification cards or the establishment of a national identification 
card.

SEC. 204. COLLECTION OF SOCIAL SECURITY NUMBERS.

    Section 264 of the Immigration and Nationality Act (8 U.S.C. 1304) 
is amended by adding at the end a new subsection (f) to read as 
follows:
    ``(f) Notwithstanding any other provision of law, the Attorney 
General is authorized to require any alien to provide the alien's 
Social Security account number for purposes of inclusion in any record 
of the alien maintained by the Attorney General.''.

SEC. 205. EMPLOYER SANCTIONS PENALTIES.

    (a) Increased Civil Money Penalties for Hiring, Recruiting, and 
Referral Violations.--Section 274A(e)(4)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1324(e)(4)(A)) 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 ``$8,000'', respectively; and
            (3) in clause (iii), by striking ``$3,000'' and ``$10,000'' 
        and inserting ``$8,000'' and ``$25,000'', respectively.
    (b) Increased Civil Money Penalties for Paperwork Violations.--
Section 274A(e)(5) of the Immigration and Nationality Act (8 U.S.C. 
1324a(e)(5)) is amended by striking ``$100'' and ``$1,000'' and 
inserting ``$200'' and ``$5,000'', respectively.
    (c) Increased Criminal Penalties for Pattern or Practice 
Violations.--Section 274A(f)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(f)(1)) is amended by inserting the phrase ``guilty of a 
felony and shall be'' immediately after the phrase ``subsection 
(a)(1)(A) or (a)(2).'' Section 274A(f)(1) of such Act is further 
amended by striking ``$3,000'' and ``six months'' and inserting 
``$7,000'' and ``two years'', respectively.

SEC. 206. CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

    (a) 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 ``10 years'' and by 
adding at the end the following new provision: ``Notwithstanding any 
other provision of this title, the maximum term of imprisonment that 
may be imposed for an offense under this section--
            ``(1) if committed to facilitate a drug trafficking crime 
        (as defined in 929(a)) is 15 years; and
            ``(2) if committed to facilitate an act of international 
        terrorism (as defined in section 2331) is 20 years.''.
    (b) Changes to the Sentencing Levels.--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 promptly promulgate 
guidelines, or amend existing guidelines, to make appropriate increases 
in the base offense levels for offenses under section 1028(a) of title 
18, United States Code.

SEC. 207. CIVIL PENALTIES FOR DOCUMENT FRAUD.

    (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:
            ``(5) to present before boarding a common carrier for the 
        purpose of coming to the United States a document that 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, or
            ``(6) 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, material 
        misrepresentation, or information which does not relate to the 
        applicant) for the purposes of satisfying a requirement of this 
        Act.
The Attorney General may waive the penalties of this section with 
respect to an alien who knowingly violates paragraph (5) if the alien 
is subsequently granted asylum under section 208 or withholding of 
deportation under section 243(h). For the
 purposes of this section, the phrase `falsely made any document' 
includes the preparation or provision of any document required under 
this Act, with knowledge or in reckless disregard of the fact that such 
document contains a false, fictitious, or fraudulent statement or 
material representation, or has no basis in law or fact, or otherwise 
fails to state a material fact pertaining to the document.''.
    (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'' in each of the two places it 
appears and inserting ``each document that is the subject of a 
violation under subsection (a)''.

SEC. 208. SUBPOENA AUTHORITY.

    (a) Immigration Officer Authority.--
            (1) Section 274A(e)(2) of the Immigration and Nationality 
        Act (8 U.S.C. 1324a(e)(2)) is amended by--
                    (A) striking at the end of subparagraph (A) 
                ``and'';
                    (B) striking at the end of subparagraph (B) ``.'' 
                and inserting ``, and''; and
                    (C) adding a new subparagraph (C) to read as 
                follows:
                    ``(C) immigration officers designated by the 
                Commissioner may compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place prior to the filing of a complaint in 
                a case under paragraph (3).''.
            (2) Section 274C(d)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1324a(e)(2)) is amended by--
                    (A) striking at the end of subparagraph (A) 
                ``and'';
                    (B) striking at the end of subparagraph (B) ``.'' 
                and inserting ``, and''; and
                    (C) adding a new subparagraph (C) to read as 
                follows:
                    ``(C) immigration officers designated by the 
                Commissioner may compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place prior to the filing of a complaint in 
                a case under paragraph (2).''.
    (b) Secretary of Labor Subpoena Authority.--The Immigration and 
Nationality Act is amended by adding a new section 294 (8 U.S.C. 1364) 
to read as follows:
``Sec. 294. Secretary of Labor subpoena authority
    ``The Secretary of Labor may issue subpoenas requiring the 
attendance and testimony of witnesses or the production of any records, 
books, papers, or documents in connection with any investigation or 
hearing conducted in the enforcment of any immigration program for 
which the Secretary of Labor has been delegated enforcement authority 
under the Act. In such hearing, the Secretary of Labor may administer 
oaths, examine witnesses, and receive evidence. For the purpose of any 
such hearing or investigation, the authority contained in sections 9 
and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50), relating 
to the attendance of witnesses and the production of books, papers, and 
documents, shall be available to the Secretary of Labor.''.

SEC. 209. INCREASED PENALTIES FOR EMPLOYER SANCTIONS INVOLVING LABOR 
              STANDARDS VIOLATIONS.

    (a) Section 274A(e) of the Immigration and Nationality Act (8 
U.S.C. 1324a(e)) is amended by adding a new paragraph (10) to read as 
follows:
            ``(10)(A) The administrative law judge shall have the 
        authority to require payment of a civil money penalty in an 
        amount up to two times the level of the penalty prescribed by 
        this subsection in any case where the employer has been found 
        to have committed willful or repeated violations of any of the 
        following statutes:
                    ``(i) The Fair Labor Standards Act, section 201 of 
                title 29, United States Code et seq., pursuant to a 
                final determination by the Secretary of Labor or a 
                court of competent jurisdiction.
                    ``(ii) The Migrant and Seasonal Agricultural Worker 
                Protection Act, section 1801 of title 29, United States 
                Code et seq., pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
                    ``(iii) The Family and Medical Leave Act, section 
                2601 of title 29, United States Code et seq., pursuant 
                to a final determination by a court of competent 
                jurisdiction.
            ``(B) The Secretary of Labor and the Attorney General shall 
        consult regarding the administration of the provisions of this 
        paragraph.''.
    (b) Section 274B(g) of the Immigration and Nationality Act (8 
U.S.C. 1324b(g)) is amended by adding a new paragraph (4) to read as 
follows:
            ``(4)(A) The administrative law judge shall have the 
        authority to require payment of a civil money penalty in an 
        amount up to two times the level of the penalty prescribed by 
        this subsection in any case where the employer has been found 
        to have committed willful or repeated violations of any of the 
        following statutes:
                    ``(i) The Fair Labor Standards Act, section 201 of 
                title 29, United States Code et seq., pursuant to a 
                final determination by the Secretary of Labor or a 
                court of competent jurisdiction.
                    ``(ii) The Migrant and Seasonal Agricultural Worker 
                Protection Act, section 1801 of title 29, United States 
                Code et seq., pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
                    ``(iii) The Family and Medical Leave Act, section 
                2601 of title 29, United States Code et seq., pursuant 
                to a final determination by a court of competent 
                jurisdiction.
            ``(B) The Secretary of Labor and the Attorney General shall 
        consult regarding the administration of the provisions of this 
        paragraph.''.
    (c) Section 274C(d) of the Immigration and Nationality Act (8 
U.S.C. 1324c(d)) is amended by adding a new paragraph (7) to read as 
follows:
            ``(7)(A) The administrative law judge shall have the 
        authority to require payment of a civil money penalty in an 
        amount up to two times the level of the penalty prescribed by 
        this subsection in any case where the employer has been found 
        to have committed willful or repeated violations of any of the 
        following statutes:
                    ``(i) The Fair Labor Standards Act, section 201 of 
                title 29, United States Code et seq., pursuant to a 
                final determination by the Secretary of Labor or a 
                court of competent jurisdiction.
                    ``(ii) The Migrant and Seasonal Agricultural Worker 
                Protection Act, section 1801 of title 29, United States 
                Code et seq., pursuant to a final determination by the 
                Secretary of Labor or a court of competent 
                jurisdiction.
                    ``(iii) The Family and Medical Leave Act, section 
                2601 of title 29, United States Code et seq., pursuant 
                to a final determination by a court of competent 
                jurisdiction.
            ``(B) The Secretary of Labor and the Attorney General shall 
        consult regarding the administration of the provisions of this 
        paragraph.''.

SEC. 210. INCREASED CIVIL PENALTIES FOR UNFAIR IMMIGRATION-RELATED 
              EMPLOYMENT PRACTICES.

    (a) Section 274B(g)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1324b(g)(2)(B)) is amended--
            (1) in clause (iv)(I), by striking ``$250'' and ``$2,000'' 
        and inserting ``$1,000'' and ``$3,000'', respectively;
            (2) in clause (iv)(II), by striking ``$2,000'' and 
        ``$5,000'' and inserting ``$3,000'' and ``$8,000'', 
        respectively;
            (3) in clause (iv)(III), by striking ``$3,000'' and 
        ``$10,000'' and inserting ``$8,000'' and ``$25,000'', 
        respectively; and
            (4) in clause (iv)(IV), by striking ``$100'' and ``$1,000'' 
        and inserting ``$200'' and ``$5,000'', respectively.

SEC. 211. RETENTION OF EMPLOYER SANCTIONS FINES FOR LAW ENFORCEMENT 
              PURPOSES.

    Section 286(c) of the Immigration and Nationality Act (8 U.S.C. 
1356(c)) is amended by striking the period at the end of the section 
and by adding the following: ``; Provided further, That all monies 
received during each fiscal year in payment of penalties under section 
274A of this Act in excess of $5,000,000 shall be credited to the 
Immigration and Naturalization Service Salaries and Expenses 
appropriations account that funds activities and related expenses 
associated with enforcement of that section and shall remain available 
until expended.''.

SEC. 212. TELEPHONE VERIFICATION SYSTEM FEE.

    Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) is amended by adding at the end a new paragraph (5) to read 
as follows:
            ``(5) Telephone verification system fee.--
                    ``(A) The Attorney General is authorized to collect 
                a fee from employers, recruiters, or referrers who 
                subscribe to participate in a telephone verification 
                system pilot under this section.
                    ``(B) Funds collected pursuant to this 
                authorization shall be deposited as offsetting 
                collections to the Immigration and Naturalization 
                Service Salaries and Expenses appropriations account 
                solely to fund the costs incurred to provide alien 
                employment verification services through such a 
                system.''.
SEC. 213. AUTHORIZATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title. None of the costs incurred in 
carrying out this title shall be paid for out of any trust fund 
established under the Social Security Act.

                    TITLE III--ILLEGAL ALIEN REMOVAL

SEC. 301. CIVIL PENALTIES FOR FAILURE TO DEPART.

    The Immigration and Nationality Act is amended by adding a new 
section 274D (8 U.S.C. 1324d) to read as follows:

                ``civil penalties for failure to depart

    ``Sec. 274D. (a) Any alien subject to a final order of exclusion 
and deportation or deportation who--
            ``(1) willfully fails or refuses to--
                    ``(A) depart from the United States pursuant to the 
                order;
                    ``(B) make timely application in good faith for 
                travel or other documents necessary for departure; or
                    ``(C) present for deportation at the time and place 
                required by the Attorney General; or
            ``(2) conspires to or takes any action designed to prevent 
        or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the Commissioner as 
offsetting collections for each day the alien is in violation of this 
section.
    ``(b) Nothing in this section shall be construed to diminish or 
qualify any penalties to which an alien may be subject for activities 
proscribed by section 242(e) or any other section of this Act.''.

SEC. 302. JUDICIAL DEPORTATION.

    (a) Section 242A(d)(1) of the Immigration and Nationality Act (8 
U.S.C. 1252a(d)(1)) is amended to read as follows:
            ``(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--
                    ``(i) whose criminal conviction for an offense for 
                which the alien is before the court for sentencing 
                causes such alien to be deportable under section 
                241(a)(2)(A), or
                    ``(ii) who previously has been convicted of an 
                aggravated felony at any time, if such an order has 
                been requested by the United States Attorney with the 
                concurrence of the Commissioner and if the court 
                chooses to exercise such jurisdiction.''.
    (b) Section 242A(d)(3) of the Immigration and Nationality Act (8 
U.S.C. 1252a(d)(3)(A)) is amended by striking clauses (ii) and (iii) 
and by revising clause (i) to read as follows:
            ``(i) A judicial order of deportation or denial of such 
        order may be appealed by either party. Appellate review of any 
        judicial order of deportation shall be considered as part of 
        the underlying criminal case and subject to all the procedures 
        and filing deadlines governing criminal appeals.''.
    (c) Section 242A(d)(4) of the Immigration and Nationality Act (8 
U.S.C. 1252a(d)(4)) is amended by striking ``without a decision on the 
merits''.
    (d) The last sentence of section 3583(d)(3) of title 18, United 
States Code is amended to read as follows: ``If an alien defendant is 
subject to deportation, the court may provide, as a condition of 
supervised release, that he or she be ordered deported by the Attorney 
General, pursuant to the procedures in the Immigration and Nationality 
Act, and remain outside the United States, and the court may order that 
he or she be delivered to a duly authorized immigration official for 
such deportation.''.

SEC. 303. CONDUCT OF PROCEEDINGS BY ELECTRONIC MEANS.

    Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by inserting at the end the following: ``Nothing in 
this subsection shall preclude the Attorney General from authorizing 
proceedings by video electronic media, by telephone, or, where waived 
or agreed to by the parties, in the absence of the alien. Contested 
full evidentiary hearings on the merits may be conducted by telephone 
only with the consent of the alien.''.

SEC. 304. SUBPOENA AUTHORITY.

    (a) Section 236(a) of the Immigration and Nationality Act (8 U.S.C. 
1226(a)) is amended by inserting ``issue subpoenas,'' in the first 
sentence after ``evidence,''.
    (b) Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by inserting ``issue subpoenas,'' in the first 
sentence after ``evidence,''.
SEC. 305. STIPULATED EXCLUSION AND DEPORTATION.

    (a) Section 236 of the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by adding at the end of subsection (a) the following 
new paragraph:
            ``(4) Stipulated exclusion and deportation.--The Attorney 
        General shall provide by regulation for the entry by an 
        immigration judge of an order of exclusion and deportation 
        stipulated to by the alien and the Service. Such an order may 
        be entered without a personal appearance by the alien before 
        the immigration judge. A stipulated order shall constitute a 
        conclusive determination of the alien's excludability and 
        deportability from the United States.''.
    (b) Section 242 of the Immigration and Nationality Act (8 U.S.C. 
1252) is amended in subsection (b) by striking the sentence immediately 
following paragraph (4) and inserting the following: ``The Attorney 
General shall further provide by regulation for the entry by an 
immigration judge of an order of deportation stipulated to by the alien 
and the Service. Such an order may be entered without a personal 
appearance by the alien before the immigration judge. A stipulated 
order shall constitute a conclusive determination of the alien's 
deportability from the United States. The procedures so prescribed 
shall be the sole and exclusive procedures for determining the 
deportability of an alien under this section.''.

SEC. 306. STREAMLINING APPEALS FROM ORDERS OF EXCLUSION AND 
              DEPORTATION.

    (a) Section 106 of the Immigration and Nationality Act (8 U.S.C. 
1105a) is amended to read as follows:

  ``judicial review of orders of deportation, exclusion, and special 
                               exclusion

    ``Sec. 106(a) Applicable Provisions.--Judicial review of a final 
order of exclusion or deportation is governed only by chapter 158 of 
title 28 of the United States Code, except as provided in subsection 
(b); provided, however, that no court may order the taking of 
additional evidence pursuant to section 2347(c) of title 28, United 
States Code.
    ``(b) Requirements.--
            ``(1) A petition for review must be filed not later than 30 
        days after the date of the final order of exclusion or 
        deportation.
            ``(2) A petition for review shall be filed with the Court 
        of Appeals for the judicial circuit in which the immigration 
        judge completed the proceedings.
            ``(3) The respondent is the Attorney General. The petition 
        shall be served on the Attorney General and on the officer or 
        employee of the Immigration and Naturalization Service in 
        charge of the Service district in which the final order of 
        exclusion or deportation was entered. Service of the petition 
        on the officer or employee stays the deportation of an alien 
        pending the court's decision on the petition, unless the court 
        orders otherwise. However, if the alien has been convicted of 
        an aggravated felony, or the alien is under an order of 
        exclusion, service of the petition does not stay the 
        deportation unless the court orders otherwise.
            ``(4) Except as provided in paragraph (5)(B) of this 
        subsection--``the court of appeals shall decide the petition 
        only on the administrative record on which the order of 
        exclusion or deportation is based and the Attorney General's 
        findings of fact shall be conclusive unless a reasonable 
        adjudicator would be compelled to conclude to the contrary.
            ``(5)(A) If the petitioner claims to be a national of the 
        United States and the court of appeals finds from the pleadings 
        and affidavits that no genuine issue of material fact about the 
        petitioner's nationality is presented, the court shall decide 
        the nationality claim.
            ``(B) If the petitioner claims to be a national of the 
        United States and the court of appeals finds that a genuine 
        issue of material fact about the petitioner's nationality is 
        presented, the court shall transfer the proceeding to the 
        district court of the United States for the judicial district 
        in which the petitioner resides for a new hearing on the 
        nationality claim and a decision on that claim as if an action 
        had been brought in the district court under section 2201 of 
        title 28.
            ``(C) The petitioner may have the nationality claim decided 
        only as provided in this section.
            ``(6)(A) If the validity of an order of deportation has not 
        been judicially decided, a defendant in a criminal proceeding 
        charged with
         violating subsection (d) or (e) of section 242 may challenge 
the validity of the order in the criminal proceeding only by filing a 
separate motion before trial. The district court, without a jury, shall 
decide the motion before trial.
            ``(B) If the defendant claims in the motion to be a 
        national of the United States and the district court finds that 
        no genuine issue of material fact about the defendant's 
        nationality is presented, the court shall decide the motion 
        only on the administrative record on which the deportation 
        order is based. The administrative findings of fact are 
        conclusive if supported by reasonable, substantial, and 
        probative evidence on the record considered as a whole.
            ``(C) If the defendant claims in the motion to be a 
        national of the United States and the district court finds that 
        a genuine issue of material fact about the defendant's 
        nationality is presented, the court shall hold a new hearing on 
        the nationality claim and decide that claim as if an action had 
        been brought under section 2201 of title 28.
            ``(D) If the district court rules that the deportation 
        order is invalid, the court shall dismiss the indictment. The 
        United States Government may appeal the dismissal to the court 
        of appeals for the appropriate circuit within 30 days. The 
        defendant may not file a petition for review under this section 
        during the criminal proceeding. The defendant may have the 
        nationality claim decided only as provided in this section.
            ``(7) This subsection--
                    ``(A) does not prevent the Attorney General, after 
                a final order of deportation has been issued, from 
                detaining the alien under section 242(c);
                    ``(B) does not relieve the alien from complying 
                with subsection (d) or (e) of section 242; and
                    ``(C) except as provided in paragraph (3) of this 
                subsection, does not require the Attorney General to 
                defer deportation of the alien.
            ``(8) The record and briefs do not have to be printed. The 
        court of appeals shall review the proceeding on a typewritten 
        record and on typewritten briefs.
    ``(c) Requirements for Petition.--A petition for review of an order 
of deportation shall state whether a court has upheld the validity of 
the order, and, if so, shall state the name of the court, the date of 
the court's ruling, and the kind of proceeding.
    ``(d) Review of Final Orders.--A court may review a final order of 
deportation only if--
            ``(1) the alien has exhausted all administrative remedies 
        available to the alien as of right;
            ``(2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the petition 
        presents grounds that could not have been presented in the 
        prior judicial proceeding or that the remedy provided by the 
        prior proceeding was inadequate or ineffective to test the 
        validity of the order.
    ``(e) Limited Review for Non-Permanent Residents Convicted of 
Aggravated Felonies.--
            ``(1) A petition for review filed by an alien against whom 
        a final order of deportation has been issued under section 242A 
        may challenge only whether--
                    ``(A) the alien is the alien described in the 
                order;
                    ``(B) the alien is the alien described in section 
                242A(b)(2) and has been convicted after entry into the 
                United States of an aggravated felony; and
                    ``(C) the alien was afforded the procedures 
                described in section 242A(b)(4).
            ``(2) A court reviewing the petition has jurisdiction only 
        to review the issues described in paragraph (1).
    ``(f) Special Exclusion.--Notwithstanding any other provision of 
law, 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 the special exclusion provisions
 contained in section 235(d); except as provided herein, there shall be 
no judicial review of: (i) a decision by the Attorney General to invoke 
the provisions of section 235(d), (ii) the application of section 
235(d) to individual aliens, including the determination made under 
paragraphs 5 and 6, or (iii) procedures and policies adopted by the 
Attorney General to implement the provisions of section 235(d). 
Regardless of the nature of the action or claim or of the identity of 
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, or to 
certify a class under Rule 23 of the Federal Rules of Civil Procedure.
            ``(1) Judicial review of any cause, claim, or individual 
        determination made or arising under or pertaining to special 
        exclusion under section 235(d) shall only be available in 
        habeas corpus proceedings, and shall be limited to 
        determinations of: (i) whether the petitioner is an alien, (ii) 
        whether the petitioner was ordered specially excluded, and 
        (iii) 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 
        prescribed by the Attorney General pursuant to section 
        235(d)(3).
            ``(2) In any case where the court determines that the 
        petitioner: (i) is an alien who was not ordered specially 
        excluded, or (ii) has demonstrated by a preponderance of the 
        evidence that he or she is a lawful permanent resident, the 
        court may order no remedy or relief other than to require that 
        the petitioner be provided a hearing in accordance with section 
        236 or a determination in accordance with sections 235(a) or 
        273(d). Any alien who is provided a hearing under section 236 
        pursuant to these provisions may thereafter obtain judicial 
        review of any resulting final order of exclusion pursuant to 
        this section.
            ``(3) In determining whether an alien has been ordered 
        specially excluded, the court's inquiry shall be limited to 
        whether such an order in fact was issued and whether it relates 
        to the petitioner. There shall be no review of whether the 
        alien is actually excludable or entitled to any relief from 
        exclusion.''.

SEC. 307. SANCTIONS AGAINST COUNTRIES REFUSING TO ACCEPT DEPORTATION OF 
              THEIR NATIONALS.

    Section 243(g) of the Immigration and Nationality Act (8 U.S.C. 
1253(g)) is amended to read as follows:
    ``(g) Discontinuing Granting Visas When Country Denies or Delays 
Accepting Alien.--On being notified by the Attorney General that the 
government of a foreign country denies or unreasonably delays accepting 
an alien who is a citizen, subject, national, or resident of that 
country after the Attorney General asks whether the government will 
accept the alien under this section, the Secretary of State may order 
consular officers in that foreign country to discontinue granting such 
classes of visas as the Secretary shall deem appropriate to citizens, 
subjects, nationals, and residents of the country until the Attorney 
General notifies the Secretary that the country has accepted the 
alien.''.

SEC. 308. CUSTODY OF ALIENS CONVICTED OF AGGRAVATED FELONIES.

    (a) Section 236 of the Immigration and Nationality Act (8 U.S.C. 
1226) is amended in paragraph (e)(2) by inserting after ``unless'' the 
following subparagraph--
                    ``(A) the Attorney General Determines, pursuant to 
                section 3521 of title 18, United States Code, that 
                release from custody is necessary to provide protection 
                to a witness, a potential witness, a person cooperating 
                with an investigation into major criminal activity, or 
                an immediate family member of close associate of a 
                witness, potential witness, or person cooperating with 
                such an investigation or (B)''.
    (b) Section 242 of the Immigration and Nationality Act (8 U.S.C. 
1252) is amended by revising paragraph (a)(2) to read as follows:
            ``(2)(A) The Attorney General shall take into custody any 
        alien convicted of an aggravated felony when the alien is 
        released. This requirement shall apply whether the alien is 
        released on parole, supervised release, or probation, or may be 
        arrested or imprisoned again for the same offense.
            ``(B) The Attorney General may release the alien only if 
        the alien--
                    ``(i) was lawfully admitted to the United States 
                and satisfies the Attorney General that the alien is 
                not a threat to the community and is likely to appear 
                for any scheduled proceeding; or
                    ``(ii) the Attorney General decides pursuant to 
                section 3521 of title 18, United States Code, that 
                release from custody is necessary to provide protection 
                to a witness, a potential witness, person cooperating 
                with an investigation into major criminal activity, or 
                an
                 immediate family member or close associate of a 
witness, potential witness, or person cooperating with such an 
investigation.''.

SEC. 309. LIMITATIONS ON RELIEF FROM EXCLUSION AND DEPORTATION.

    (a) Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 
1182(c)) is revised to read as follows:
    ``(c) An alien who is and has been lawfully admitted for permanent 
residence for at least 5 years, who has resided in the United States 
continuously for 7 years after having been lawfully admitted, and who 
is returning to such residence after having temporarily proceeded 
abroad voluntarily and not under an order of deportation, may be 
admitted in the discretion of the Attorney General without regard to 
the provisions of subsection (a) (other than paragraphs (3) and 
(9)(C)). For purposes of this subsection, any period of continuous 
residence shall be deemed to end when the alien is placed in 
proceedings to exclude the alien from the United States. Nothing 
contained in this subsection shall limit the authority of the Attorney 
General to exercise the discretion authorized under section 211(b). The 
first sentence of this subsection shall not apply to an alien who has 
been convicted of one or more aggravated felonies and has been 
sentenced for such felony or felonies to a term of imprisonment of at 
least 5 years. This subsection shall apply only to an alien in 
proceedings under section 236.''.
    (b) Section 244 of the Immigration and Nationality Act (8 U.S.C. 
1254) is revised to read as follows:
    ``Sec. 244(a). Cancellation of Deportation.--The Attorney General 
may cancel deportation in the case of an alien who is deportable from 
the United States and--
            ``(1) is and has been a lawful permanent resident for at 
        least 5 years who has resided in the United States continuously 
        for 7 years after being lawfully admitted and has not been 
        convicted of an aggravated felony or felonies for which the 
        alien has been sentenced, in the aggregate, to a term of 
        imprisonment of at least 5 years; or
            ``(2) has been physically present in the United States for 
        a continuous period of not less than 7 years since entering the 
        United States; has been a person of good moral character during 
        such period; and establishes that deportation would result in 
        extreme hardship to the alien or the alien's spouse, parent, or 
        child, who is a citizen of the United States or an alien 
        lawfully admitted for permanent residence.
For purposes of this section, any period of continuous residence or 
continuous physical presence in the United States shall be deemed to 
end when the alien is served an order to show cause pursuant to section 
242B(a)(1). An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph (2) 
if the alien was absent from the United States for any single period of 
more than 90 days or an aggregate period of more than 180 days. No 
person who is deportable under section 241(a)(2)(C) or 241(a)(4) shall 
be eligible for relief under this section. No person who has been 
convicted of an aggravated felony shall be eligible for relief under 
paragraph (2) of this section.
    ``(b) Continuous Physical Presence Not Required Because of 
Honorable Service in Armed Forces and Presence Upon Entry Into 
Service.--The requirements of continuous residence or continuous 
physical presence in the United States specified in subsections (a)(1) 
and (a)(2) of this section shall not be applicable to an alien who--
            ``(1) has served for a minimum period of twenty-four months 
        in an active-duty status in the Armed Forces of the United 
        States and, if separated from such service, was separated under 
        honorable conditions, and
            ``(2) at the time of his or her enlistment or induction was 
        in the United States.
    ``(c) Adjustment of Status.--The Attorney General may cancel 
deportation and adjust to the status of an alien lawfully admitted for 
permanent residence any alien who the Attorney General decides meets 
the requirements of subsection (a)(2). The Attorney General shall 
record the alien's lawful admission for permanent residence as of the 
date the Attorney General decides to cancel removal.
    ``(d) Voluntary Departure.--(1) The Attorney General may in his or 
her discretion permit an alien voluntarily to depart the United States 
at the alien's own expense--
            ``(A) in lieu of being subject to deportation proceedings 
        under section 242 or prior to the completion of such 
        proceedings, if the alien is not a person deportable under 
        section 241(a)(2)(A)(iii) or section 241(a)(4). The Attorney 
        General may require the alien to post a voluntary departure 
        bond, to be
         surrendered upon proof that the alien has departed the United 
States within the time specified. If any alien who is authorized to 
depart voluntarily under this paragraph is financially unable to depart 
at his or her own expense and the Attorney General deems the alien's 
removal to be in the best interest of the United States, the expense of 
such removal may be paid from the appropriation for enforcement of this 
Act; or
             ``(B) at the conclusion of a proceeding under section 242, 
        only if the immigration judge determines that--
                     ``(i) the alien is, and has been, a person of good 
                moral character for at least five years immediately 
                preceding his or her application for voluntary 
                departure;
                     ``(ii) the alien is not deportable under section 
                241(a)(2)(A)(iii) or section 241(a)(4); and
                     ``(iii) the alien establishes by clear and 
                convincing evidence that he or she has the means to 
                depart the United States and intends to do so. The 
                alien shall be required to post a voluntary departure 
                bond, in an amount necessary to ensure that the alien 
                will depart, to be surrendered upon proof that the 
                alien has departed the United States within the time 
                specified.
     ``(2) If the alien fails voluntarily to depart the United States 
within the time period specified in accordance with subparagraphs (1) 
or (2), the alien shall be subject to a civil penalty of not more than 
$500 per day and be ineligible for any further relief under this 
paragraph or paragraph (b).
     ``(3) The Attorney General may by regulation limit eligibility for 
voluntary departure for any class or classes of aliens. No court may 
review any regulation issued under this subparagraph.
     ``(4) An alien may appeal from denial of a request for an order of 
voluntary departure under subparagraph (2) in accordance with the 
procedures in section 106, provided that no court shall have 
jurisdiction over an appeal regarding the length of voluntary departure 
where the alien has been granted voluntary departure of 30 days or 
more. Notwithstanding the pendency of an appeal by an alien of a denial 
of voluntary departure or a grant of voluntary departure of less than 
30 days, the alien shall be removable from the United States 60 days 
after entry of the order of deportation. No court may order a stay of 
such removal. The alien's removal from the United States shall not moot 
the appeal.
     ``(e) Alien Crewmen; Nonimmigrant Exchange Aliens Admitted To 
Receive Graduate Medical Education or Training; Other.--The provisions 
of subsection (a) of this section shall not apply to an alien who--
             ``(1) entered the United States as a crewman subsequent to 
        June 30, 1964;
             ``(2) was admitted to the United States as a nonimmigrant 
        exchange alien as defined in section 101(a)(15)(J), or has 
        acquired the status of such a nonimmigrant exchange alien after 
        admission, in order to receive graduate medical education or 
        training, regardless of whether or not the alien is subject to 
        or has fulfilled the two-year foreign residence requirement of 
        section 212(e); or
             ``(3)(A) was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 101(a)(15)(J) 
        or has acquired the status of such a nonimmigrant exchange 
        alien after admission other than to receive graduate medical 
        education or training, (B) is subject to the two-year foreign 
        residence requirement of section 212(e), and (C) has not 
        fulfilled that requirement or received a waiver thereof, or in 
        the case of a foreign medical graduate who has received a 
        waiver pursuant to section 220 of the Immigration and 
        Nationality Technical Corrections Act of 1994, Public Law 103-
        416, has not fulfilled the requirements of section 214(k).''.
     (c) Conforming Amendments.--
             (1) Section 242(b) of the Immigration and Nationality Act 
        (8 U.S.C. 1252(b)) is amended by striking the last two 
        sentences.
             (2) Section 242B of the Immigration and Nationality Act (8 
        U.S.C. 1252b) is amended--
                     (A) in paragraph (e)(2)--
                             (i) by striking ``section 244(e)(l)'' and 
                        inserting ``section 244(d)'', and
                             (ii) by striking ``section 242(b)(l)'' and 
                        inserting ``section 244(d)'', and
                     (B) in paragraph (e)(5)--
                            (i) by striking ``section 242(b)(1)'' and 
                        inserting ``section 244(d)'', and
                            (ii) by striking ``suspension of 
                        deportation'' and inserting ``cancellation of 
                        deportation''.
    (d)(1) The amendments made by subsection (a) of this section shall 
take effect on the date of enactment; except that, for purposes of 
determining the period of continuous residence, the amendments made by 
subsection (a) shall apply to all aliens against whom proceedings are 
commenced on or after the date of enactment.
    (2) The amendments made by subsection (b) of this section shall 
take effect on the date of enactment; except that, for purposes of 
determining the periods of continuous residence or continuous physical 
presence, the amendments made by subsection (b) shall apply to all 
aliens upon whom an order to show cause is served on or after the date 
of enactment.
    (3) The amendments made by subsection (c) of this section shall 
take effect on the date of enactment.

SEC. 310. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

    Section 246(a) of the Immigration and Nationality Act (8 U.S.C. 
1256(a)) is amended by adding at the end the following sentence: 
``Nothing in this subsection shall require the Attorney General to 
rescind the alien's status prior to commencement of procedures to 
deport the alien under section 242 and 242A, and an order of 
deportation issued by an immigration judge shall be sufficient to 
rescind the alien's status.''.

SEC. 311. INCREASING EFFICIENCY IN REMOVAL OF DETAINED ALIENS.

    (a) There are authorized to be appropriated such funds as may be 
necessary for the Attorney General to conduct a pilot program or 
programs to study methods for increasing the efficiency of deportation 
and exclusion proceedings against detained aliens by increasing the 
availability of pro bono counseling and representation for such aliens. 
Any such pilot program may provide for administrative grants to not-
for-profit organizations involved in the counseling and representation 
of aliens in immigration proceedings. An evaluation component shall be 
included in any such pilot program to test the efficiency and cost 
effectiveness of the services provided and the replicability of such 
programs at other locations.
    (b) Nothing in this section shall be regarded as creating a right 
to be represented in exclusion or deportation proceedings at the 
expense of the Government.

                   TITLE IV--ALIEN SMUGGLING CONTROL

SEC. 401. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING AND 
              DOCUMENT FRAUD.

    (Section 2516(l) of title 18, United States Code, is amended--
            (a) in paragraph (c), by inserting after ``trains)'' the 
        following: ``or a felony violation of section 1028 (relating to 
        production of false identification documentation), section 1541 
        (relating to passport issuance without authority), section 1542 
        (relating to false statements in passport applications), 
        section 1543 (relating to forgery or false use of passport), 
        section 1544 (relating to misuse of passport), section 1546 
        (relating to fraud or misuse of visas, permits, or other 
        documents)'';
            (b) by striking ``or'' after paragraph (l);
            (c) by redesignating paragraphs (m), (n), and (o) as 
        paragraphs (n), (o), an (p), respectively; and
            (d) 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. 402. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING.

    Section 1961(l) of title 18, United States Code, is amended--
            (a) by striking ``or'' after ``law of the United States,'';
            (b) by inserting ``or'' at the end of clause (E); and
            (c) by adding at the end the following:
                    ``(F) any act, or conspiracy to commit any act, in 
                violation of section 274(a)(l)(A)(v), 277, or 278 of 
                the Immigration and Nationality Act (8 U.S.C. 
                1324(a)(1)(A)(v), 1327, or 1328).''.

SEC. 403. EXPANDED ASSET FORFEITURE FOR SMUGGLING OR HARBORING ALIENS.

    Section 274 of the Immigration and Nationality Act of 1952, as 
amended (8 U.S.C. 1324) is amended--
            (a) by amending paragraph (b)(1) to read as follows:
    ``(b) Seizure and Forfeiture. (1) The following property shall be 
subject to seizure and forfeiture:
            ``(A) any conveyance, including any vessel, vehicle, or 
        aircraft, which has been or is being used in the commission of 
        a violation of subsection (a); except that--
                    ``(i) no conveyance 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 conveyance was a consenting 
                party or privy to the illegal act; and
                    ``(ii) no conveyance 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 conveyance was unlawfully in the 
                possession of a person other than such owner in 
                violation of the criminal laws of the United States, or 
                of any State; and
            ``(B) any property, real or personal, (i) that constitutes, 
        or is derived from or is traceable to the proceeds obtained 
        directly or indirectly from the commission of a violation of 
        subsection (a), or (ii) that is used to facilitate, or is 
        intended to be used to facilitate, the commission of a 
        violation of subparagraph (a)(1)(A), except that no property 
        shall be forfeited under this paragraph, to the extent of an 
        interest of an owner, by reason of any act or omission 
        established by that owner to have been committed or omitted by 
        any other person other than such owner without knowledge or 
        consent of that owner''; and
            (b) in paragraph (b)(2)--
                    (1) by striking ``conveyances'' both places it 
                appears and inserting ``property''; and
                    (2) by striking ``is being used in'' and inserting 
                ``is being used in, is facilitating, has facilitated, 
                is facilitating 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 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 
                paragraph.'';
                    (4) in paragraphs (b)(4) and (b)(5) by striking 
                each place they appear the phrase ``a conveyance'' and 
                the word ``conveyance'' and inserting ``property''; and
                    (5) by redesignating subsection (c) to be 
                subsection (d) and inserting the following new 
                subsection (c):
    ``(c) Criminal Forfeiture.--
            ``(1) Any person convicted of a violation of subsection (a) 
        shall forfeit to the United States, irrespective of any 
        provision of State law--
                    ``(A) any conveyance, including any vessel, 
                vehicle, or aircraft used in the commission of a 
                violation of subsection (a); and
                    ``(B) any property real or personal--
                            ``(i) that constitutes, or is derived from 
                        or is traceable to the proceeds obtained 
                        directly or indirectly from the commission of a 
                        violation of subsection (a), or
                            ``(ii) that is used to facilitate, or is 
                        intended to be used to facilitate, the 
                        commission of a violation of subparagraph 
                        (a)(1)(A).
        The court, in imposing sentence on such person, shall order 
        that the person forfeit to the United States all property 
        described in this subsection.
            ``(2) The criminal forfeiture of property under this 
        subsection, including any seizure and disposition of the 
        property and any related administrative or judicial proceeding 
        shall be governed by the provisions of section 413 of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
        U.S.C. 853), except for subsections 413(a) and 413(d) which 
        shall not apply to forfeitures under this subsection.''.

SEC. 404. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in subsection (a)(1)(A)--
                    (A) by striking ``or'' at the end of clause (iii);
                    (B) by striking the comma at the end of clause (iv) 
                and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
                            ``(v)(I) engages in any conspiracy to 
                        commit any of the preceding acts, or
                            (II) aids or abets the commission of any of 
                        the preceding acts.'';
            (2) in subsection (a)(1)(B)--
                    (A) in clause (i), by inserting ``or (v)(I)'' after 
                ``(A)(i)'';
                    (B) in clause (ii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)(II)'';
                    (C) in clause (iii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)'';
            (3) in subsection (a)(1)(B) by adding at the end the 
        following new paragraph:
            ``(3) Any person who hires for employment an alien--
                    ``(A) knowing that such alien is an unauthorized 
                alien (as defined in section 274A(h)(3)), and
                    ``(B) knowing that such alien has been brought into 
                the United States in violation of this subsection,
        shall be fined under title 18, United States Code, and shall be 
        imprisoned for not more than 5 years.''; and
            
            (4) in subsection (a)(2)(A)--
                    (A) by striking the period after clause (iv) and 
                adding a new clause (v) to read as follows:
                            ``(v) 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.''; and
                    (B) in subparagraph (B) by adding ``(v)'' after 
                ``(A)(i)'' in clause (i).

SEC. 405.  UNDERCOVER INVESTIGATION AUTHORITY.

    (a) With respect to any undercover investigative operation of the 
Immigration and Naturalization Service which is necessary for the 
detection and prosecution of crimes against the United States--
            (1) sums authorized to be appropriated for the Immigration 
        and Naturalization Service by this Act may be used for leasing 
        space within the United States, the District of Columbia, and 
        the territories and possessions of the United States without 
        regard to section 3679(a) of the Revised Statutes (31 U.S.C. 
        1341), section 3732(a) of the Revised Statutes (41 U.S.C. 
        11(a)), section 305 of the Act of June 30, 1949 (63 Stat. 396; 
        41 U.S.C. 255), the third undesignated paragraph under the 
        heading ``Miscellaneous'' of the Act of March 3, 1877 (19 Stat. 
        370; 40 U.S.C. 34), section 3648 of the Revised Statutes (31 
        U.S.C. 3324), section 3741 of the Revised Statutes (41 U.S.C. 
        22), and subsections (a) and (c) of section 304 of the Federal 
        Property and Administrative Services Act of 1949 (63 Stat. 395; 
        41 U.S.C. 254 (a) and (c));
            (2) sums authorized to be appropriated for the Immigration 
        and Naturalization Service by this Act may be used to establish 
        or to acquire proprietary corporations or business entities as 
        part of an undercover operation, and to operate such 
        corporations or business entities on a commercial basis, 
        without regard to the provisions of section 304 of the 
        Government Corporation Control Act (31 U.S.C. 9102);
            (3) sums authorized to be appropriated for the Immigration 
        and Naturalization Service by this Act, and the proceeds from 
        such undercover operation, may be deposited in banks or other 
        financial institutions without regard to the provisions of 
        section 648 of title 18 of the United States Code, and section 
        3639 of the Revised Statutes (31 U.S.C. 3302); and
            (4) the proceeds from such undercover operation may be used 
        to offset necessary and reasonable expenses incurred in such 
        operation without regard to the provisions of section 3617 of 
        the Revised Statutes (31 U.S.C. 3302).
The authorization set forth in this section may be exercised only upon 
written certification of the Commissioner of the Immigration and 
Naturalization Service, in consultation with the Deputy Attorney 
General, that any action authorized by paragraph (1),(2), (3), or (4) 
is necessary for the conduct of such undercover operation.
    (b) As soon as practicable after the proceeds from an undercover 
investigative operation, carried out under paragraphs (3) and (4) of 
subsection (a), are no longer necessary for the conduct of such 
operation, such proceeds or the balance of such proceeds remaining at 
the time shall be deposited into the Treasury of the United States as 
miscellaneous receipts.
    (c) If a corporation or business entity established or acquired as 
part of an undercover operation under paragraph (2) of subsection (a) 
with a net value of over $50,000 is to be liquidated, sold, or 
otherwise disposed of, the Immigration and Naturalization Service, as 
much in advance as the Commissioner or his or her designee determine 
practicable, shall report the circumstances to the Attorney General, 
the Director of the Office
 of Management and Budget, and the Comptroller General. The proceeds of 
the liquidation, sale, or other disposition, after obligations are met, 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    (d) The Immigration and Naturalization Service shall conduct 
detailed financial audits of closed undercover operations on a 
quarterly basis and shall report the results of the audits in writing 
to the Deputy Attorney General.

SEC. 406. AMENDED DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 110(a)(43)), as amended by section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994 (Public 
Law 103-416), is amended--
            (1) in subparagraph (N), by striking ``of title 18, United 
        States Code''; and
            (2) in subparagraph (O), by striking ``which constitutes'' 
        and all that follows up to the semicolon at the end and 
        inserting ``, for the purpose of commercial advantage''.
    (b) Effective Date of Conviction.--Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43) as amended by 
section 222(b) of the Immigration and Nationality Technical Corrections 
Act of 1994 (Public Law 103-416) is amended by adding at the end of the 
following sentence: ``Notwithstanding any other provision of law, the 
term applies for all purposes to convictions entered before, on, or 
after the date of enactment of this Act.''.
    (c) Application to Withholding of Deportation.--Section 243(h) of 
the Immigration and Nationality Act (8 U.S.C. 1253(h)) is amended in 
paragraph (2) by inserting ``for which the sentence imposed is 5 years 
or more'' after ``aggravated felony''.

                  TITLE V--INSPECTIONS AND ADMISSIONS

SEC. 501. CIVIL PENALTIES FOR BRINGING INADMISSIBLE ALIENS FROM 
              CONTIGUOUS TERRITORIES.

    Section 273 of the Immigration and Nationality Act (8 U.S.C. 1323) 
is amended by--
            (1) striking ``(other than from foreign contiguous 
        territory)'' from subsection (a), and
            (2) striking ``$3,000'' and inserting ``$5,000'' in 
        subsection (b).

SEC. 502. DEFINITION OF STOWAWAY; EXCLUDABILITY OF STOWAWAY; CARRIER 
              LIABILITY FOR COSTS OF DETENTION.

    (a) Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101) is amended by adding the following new subsection:
            ``(47) The term ``stowaway'' means any alien who obtains 
        transportation without the consent of the owner, charterer, 
        master or person in command of any vessel or aircraft through 
        either concealment on board such vessel or aircraft or evasion 
        of that carrier's standard boarding procedures.''.
    (b) Section 237 of the Immigration and Nationality Act (8 U.S.C. 
1227) is amended--
            (1) by inserting in paragraph (a)(1) before the period at 
        the end of the first sentence the following: ``, or unless the 
        alien is an excluded stowaway who has requested asylum or 
        withholding of deportation and whose application has not been 
        adjudicated, or whose application has been denied but who has 
        not exhausted any remaining appeal rights''; and
            (2) by inserting after the first sentence in paragraph 
        (a)(1) the following sentences: ``Any alien stowaway inspected 
        upon arrival in the United States is an alien who is excluded 
        within the meaning of this section. The term `alien' wherever 
        appearing in this section shall include an excluded stowaway. 
        The provisions of section 237 concerning the deportation of an 
        excluded alien shall apply to the deportation of a stowaway 
        under section 273(d).''.
    (c) Section 273(d) of the Immigration and Nationality Act (8 U.S.C. 
1323(d)) is amended to read as follows:
``It shall be the duty of the owner, charterer, agent, consignee, 
commanding officer, or master of any vessel or aircraft arriving at the 
United States from any place outside the United States to detain on 
board or at such other place as may be designated by an immigration 
officer any alien stowaway until such stowaway has been inspected by an 
immigration officer. Upon inspection, the Attorney General, pursuant to 
regulation, may take immediate custody of any stowaway and shall charge 
the owner, charterer, agent, consignee, commanding officer, or master 
of the vessel or aircraft on which the stowaway has arrived the costs 
of detaining the stowaway. It shall be the duty of the owner, 
charterer, agent, consignee, commanding officer, or master of any
 vessel or aircraft arriving at the United States from any place 
outside the United States to deport any alien stowaway on the vessel or 
aircraft on which such stowaway arrived or on another vessel or 
aircraft at the expense of the vessel or aircraft on which such 
stowaway arrived when required to do so by an immigration officer. 
Failure to comply with the provisions of this section shall result in 
the imposition of a $5,000 fine, payable to the Commissioner as 
offsetting collections for each alien stowaway. Pending final 
determination of liability for such fine, no such vessel or aircraft 
shall be granted clearance, except that clearance may be granted upon 
the deposit of a sum sufficient to cover such fine, or of a bond with 
sufficient surety to secure the payment thereof approved by the 
Commissioner. An alien stowaway inspected upon arrival shall be 
considered an excluded alien under this Act. The provisions of section 
235 for detention of aliens for examination before a special inquiry 
officer and the right of appeal provided for in section 236 shall not 
apply to aliens who arrive as stowaways and no such aliens shall be 
permitted to land in the United States, except temporarily for medical 
treatment, or pursuant to such regulations as the Attorney General may 
prescribe for the ultimate departure, removal or deportation of such 
alien from the United States. A stowaway may apply for asylum or 
withholding of deportation, as provided in sections 208 and 243(h) of 
this Act, pursuant to such regulations as the Attorney General may 
establish.''.

SEC. 503. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING OR DEPARTING.

    Section 231(a) of the Immigration and Nationality Act (8 U.S.C. 
1221(a)) is amended by--
            (1) striking the first sentence and inserting the 
        following: ``In connection with the arrival of any person by 
        water or by air at any port within the United States from any 
        place outside the United States, it shall be the duty of the 
        master or commanding officer, or authorized agent, owner, or 
        consignee of the vessel or aircraft, having such person on 
        board to deliver to the immigration officers at the port of 
        arrival, or other place designated by the Attorney General, 
        electronic, typewritten or printed lists or manifests of the 
        persons on board such vessel or aircraft.'';
            (2) striking in the second sentence ``shall be prepared'' 
        and inserting ``shall be prepared and submitted''; and
            (3) inserting after the second sentence the following 
        sentence: ``Such lists or manifests shall contain, but not be 
        limited to, for each person transported, the person's full 
        name, date of birth, gender, citizenship, travel document 
        number (if applicable), and arriving flight number.''.

SEC. 504. ELIMINATION OF LIMITATIONS ON IMMIGRATION USER FEES FOR 
              CERTAIN CRUISE SHIP PASSENGERS.

    Section 286(e)(1) of the Immigration and Nationality Act (8 U.S.C. 
1356) is amended to read as follows: ``No fee shall be charged under 
subsection (d) for immigration inspection or preinspection provided in 
connection with the arrival of any passenger aboard an international 
ferry.''.

SEC. 505. TRANSPORTATION LINE RESPONSIBILITY FOR TRANSIT WITHOUT VISA 
              ALIENS.

    Section 238(c) of the Immigration and Nationality Act (8 U.S.C. 
1228(c)) is amended by inserting after the first sentence the 
following: ``Notwithstanding any other provision of this Act and in 
consideration for bringing aliens transiting through the United States 
without a visa, transportation lines shall agree, as part of any 
contract entered into under this section, to indemnify the United 
States against any costs for the detention and removal from the United 
States of any such alien who for any reason--
            ``(1) is refused admission to the United States;
            ``(2) fails to continue his or her journey to a foreign 
        country within the time prescribed by regulation; or
            ``(3) is refused admission by the foreign country to which 
        the alien is travelling while transiting through the United 
        States.''.
SEC. 506. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

    Section 202(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)(1)) is amended by inserting before the period at the end the 
following: ``Provided, however, That nothing in this subsection shall 
be construed to limit the authority of the Secretary of State to 
determine the procedures for the processing of immigrant visa 
applications or the locations where such applications will be 
processed.''.

SEC. 507. BORDER SERVICES USER FEE.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended by inserting the following new subsection:
    ``(s)(1) In addition to any other fee authorized by law, the 
Attorney General shall charge and collect a fee, in United States 
currency, for border-related services and enforcement, at ports 
selected by the states in which they are located to participate in the 
border services user fee program. The fee shall be $1.50 for each 
noncommercial conveyance and $.75 for each pedestrian, for every land 
border entry, including persons arriving via ferries on any body of 
water which forms a part of the borders and boundaries contiguous to 
the United States. Commercial conveyances transporting passengers 
through passenger processing facilities shall be charged the pedestrian 
fee for the operator and each passenger, except that crewmen on ferries 
shall not be charged and conveyances on ferries will be charged the 
conveyance fee. These funds shall be available to the Attorney General 
in accordance with this section.
    ``(2) To the greatest extent practicable, fee revenues will be 
reinvested in participating ports in amounts that are approximately 
proportionate to the amounts collected at those ports and will not be 
used to substitute for the resources that would be allocated to the 
ports if they were not in the program, but will be added to the funds 
that would otherwise be dedicated to port spending.
    ``(3)(A) Each State that selects one or more ports to participate 
in the border services user fee program may establish a Border Services 
Council for each participating port.
    ``(B) The Councils shall develop spending priorities for the ports 
and submit those priorities to the Attorney General or his or her 
designated representative:
            ``(i) Port services.--The Attorney General or his or her 
        designee shall account for these priorities in reinvesting fee 
        revenues to fund additional permanent and temporary immigration 
        inspectors and related support; the addition, improvement, and 
        modification of facilities at ports of entry and border areas 
        contiguous to those ports; the expansion, operation, and 
        maintenance of information systems and advanced technologies 
        related to port-related services and enforcement; and the 
        enhancement of facilitation of legal traffic and the reduction 
        of border violence and smuggling.
            ``(ii) Port-related enhancements.--The Attorney General 
        shall grant all revenues available for expenses above and 
        beyond the costs set forth in subparagraph (1) to the Councils. 
        These grant funds shall be spent on enhancements outside the 
        port that facilitate operation of the port or otherwise enhance 
        the flow of people or goods across the border.
            ``(iii) For ports without Border councils, the Attorney 
        General or his or her designee shall make grants of all funds 
        beyond those used for the purposes of subparagraph (1) to other 
        ports.
    ``(C) The membership of the Councils shall include--
            ``(i) three State representatives appointed by the 
        Governor, at least one of which shall represent business 
        interests;
            ``(ii) three local representatives appointed by the Mayor, 
        the County Board of Supervisors, the Town Council, or other 
        local governing body, as determined by the State; and
            ``(iii) three Federal representatives, including a Service 
        representative appointed by the Commissioner; a Customs 
        representative appointed by the Commissioner of the Customs 
        Service; and a GSA representative appointed by the 
        Administrator of General Services.
    ``(D) The Councils shall be exempt from the requirements of the 
Federal Advisory Committees Act (5 U.S.C. App.). All Council meetings 
shall be open to the public.
    ``(E) States that select ports for participation in the border 
services user fee program may withdraw those ports from the program--
            ``(i) after amortizing any improvements that have been made 
        with revenues from the program; and
            ``(ii) after providing one year's notice, to allow the 
        Federal agencies to comply with the proper procedures for 
        relocating or terminating inspectors and other personnel.
    ``(4) The Attorney General may--
            ``(A) develop and implement special discounted fee programs 
        for frequent border crossers;
            ``(B) adjust the border crossing user fee periodically to 
        compensate for inflation, based on a national average of the 
        consumer price index, and other escalation in the cost of 
        carrying out the purposes of this Act; and
            ``(C) contract with private and public sector entities to 
        collect the fee and require the collection of the fee to be 
        performed by local bridge, tunnel and other transportation 
        authorities operating in the United States, including ferry 
        operators, adjacent to ports of entry, where such authorities 
        exist. Such authorities shall be reimbursed for administrative 
        costs related to collection of the fee.
    ``(5) Nothing is this section shall be construed to limit the 
methods used for fee collection, including outbound collection of the 
fee.
    ``(6) All of the fees collected under this subsection shall be 
deposited as offsetting governmental receipts in a separate account 
within the Treasury of the United States, to be expended in accordance 
with subsection (2) of this section. Such account shall be known as the 
Border Services User Fee Account.
    ``(7) Start-Up Costs.--The Attorney General is authorized to 
advance from the Working Capital Fund of the Department of Justice to 
the Border Services User Fee Account the funds required to implement 
the Border Services User Fee. Receipts from this Fee shall be 
transferred from the Border Services User Fee Account and deposited as 
offsetting receipts to the Working Capital Fund of the Department of 
Justice, up to the amount advanced by the Fund to liquidate the advance 
provided by the Department of Justice Working Capital Fund.
    ``(8) Effective Date.--The Attorney General shall begin collection 
of the fee in a participating State not later than twelve months from 
the date the State notifies the Attorney General that it has selected 
ports to participate in the border services user fee program.
    ``(9) Penalties for Nonpayment.--The Attorney General may establish 
penalties for non-payment of fees as determined to be necessary to 
ensure compliance with the provisions of this section.
    ``(10) Regulations.--The Attorney General may prescribe such rules 
and regulations as may be necessary to carry out the provisions of this 
section.''.

            TITLE VI--MISCELLANEOUS AND TECHNICAL AMENDMENTS

SEC. 601. ALIEN PROSTITUTION.

    Section 2424 of title 18 of the United States Code is amended by--
            (1) in the first paragraph of subsection (a)--
                    (A) striking ``alien'';
                    (B) inserting after ``individual'' the first time 
                it appears ``, knowing or in reckless disregard of the 
                fact that said individual is an alien,''; and
                    (C) striking ``within three years after that 
                individual has entered the United States from any 
                country, party to the arrangement adopted July 25, 
                1902, for the suppression of the white-slave traffic'';
            (2) in the second paragraph of subsection (a)--
                    (A) striking ``thirty'' and inserting ``five 
                business''; and
                    (B) striking ``within three years after that 
                individual has entered the United States from any 
                country, party to the said arrangement for the 
                suppression of the white slave traffic'';
            (3) in the third paragraph of subsection (a), striking 
        ``two'' and inserting ``ten''; and
            (4) in subsection (b), striking ``.'' after ``failing to 
        comply with this section'' and inserting ``, or for enforcement 
        of the provisions of section 274A of the Immigration and 
        Nationality Act, as amended.''.

SEC. 602. GRANTS TO STATES FOR MEDICAL ASSISTANCE TO UNDOCUMENTED 
              IMMIGRANTS.

    (a) In General.--In order to assist States to meet the costs of 
providing treatment to certain aliens for emergency medical conditions, 
there are authorized to be appropriated $150,000,000 for each of fiscal 
years 1996 through 2000.
    (b) Allotments.--
            (1) From the sums appropriated pursuant to subsection (a) 
        for a fiscal year, the Secretary of Health and Human Services 
        shall determine, with respect to each State with a plan 
        approved under title XIX of the Social Security Act, an 
        allotment for each such State which shall be the amount which 
        bears the same ratio to the amount appropriated for such fiscal 
        year as the sum of such State's allotments for fiscal years 
        1988 through 1994 under section 204 of the Immigration Reform 
        and Control Act of 1986 bears to the total of such allotments 
        for all the States for such fiscal years.
            (2) In the case of any State for which the allotment 
        determined under paragraph (1) for a fiscal year is less than 1 
        percent of the amount appropriated pursuant to subsection (a) 
        for such year, no allotment shall be made, and in the case of 
        any other State which notifies the Secretary that all or part 
        of its allotment will not be needed for the purpose for which 
        it is available, the State's allotment shall be made as 
        determined under paragraph (1), and then reduced by the 
        unneeded portion. There shall be allotted to each of the 
        remaining States the amount determined with respect to each 
        such State under paragraph (1), together with the additional 
        allotments provided below in this paragraph. The total of--
                    (A) the amount of allotments determined under 
                paragraph (1) but not made, and
                    (B) the amount of the reductions under the 
                preceding sentence,
        shall also be allotted among each of the remaining States as 
        follows: the allotment of each such remaining State shall be 
        increased by an amount which bears the same ratio to such total 
        as the allotment amount determined with respect to such State 
        for the fiscal year involved under paragraph (1) bears to the 
        sum of such allotment amounts for all such remaining States for 
        such fiscal year.
    (c) Use of Funds.--Payments under this section may only be used to 
provide the non-Federal share of expenditures under the State plan 
approved under title XIX of the Social Security Act (as required by the 
last sentence of section 1902(a) of such Act) for care and services 
necessary for the treatment of an emergency condition that are 
furnished to an alien who is not a qualified alien under section 
250A(c) of the Immigration and Nationality Act.
    (d) Payment of Funds.--In order to receive funds under this 
section, the State shall certify to the Secretary that funds will only 
be used for the purpose described in subsection (c). Thereafter, the 
Secretary shall from time to time make payments to each State from its 
allotment under subsection (b)(2). Payments under this section shall be 
made to the agency responsible for administering or supervising the 
administration of the State's plan approved under title XIX of the 
Social Security Act, and such payments shall be available to the State 
for expenditure in accordance with this section in the year allotted or 
in any subsequent fiscal year.
    (e) Definition.--As used in this section, the term ``State'' has 
the meaning given such term, for purposes of title XIX of the Social 
Security Act, under section 1101(a)(1) of such Act.

SEC. 603. TECHNICAL CORRECTIONS TO VIOLENT CRIME CONTROL ACT AND 
              TECHNICAL CORRECTIONS ACT.

    (a)(1) Section 130003(c)(1) of the Violent Crime Control Act of 
1994, Public Law 103-322, is amended by striking ``a new subsection 
(i)'' and inserting ``a new subsection (j)''.
    (2) The amendment made by this subsection shall be effective as if 
originally included in section 130003(c)(1) of the Violent Crime 
Control Act of 1994.
    (b)(1) Section 106(d)(1)(D) of the Immigration and Nationality Act 
(8 U.S.C. 1105a), as amended by section 130004(b) of the Violent Crime 
Control Act of 1994 (Public Law 103-322) is amended by striking 
``242A(b)(5)'' and inserting ``242A(b)(4)''.
    (2) The amendment made by this subsection shall be effective as if 
originally included in section 130004(b) of the Violent Crime Control 
Act of 1994.
    (c)(1) Section 242A(d)(4) of the Immigration and Nationality Act (8 
U.S.C. 1252a(d)(4)), as added by section 223 of the Immigration and 
Nationality Technical Corrections Act of 1994, Public Law 103-416, is 
amended by striking ``without a decision on the merits''.
    (2) The amendment made by this subsection shall be effective as if 
originally included in section 223 of Public Law 103-416.

SEC. 604. EXPEDITIOUS DEPORTATION.

    Section 225 of the Immigration and Nationality Technical 
Corrections Act of 1994, Public Law 103-416, is amended by striking the 
words ``section 242(i) of the Immigration and Nationality Act (8 U.S.C. 
1252(i))'' and substituting in lieu thereof, ``sections 242(i) or 242A 
of the Immigration and Nationality Act (8 U.S.C. 1252(i) or 1252a)''.

SEC. 605. AUTHORIZATION FOR USE OF VOLUNTEERS.

    Notwithstanding any other provision of law, the Attorney General 
may accept, administer, and utilize gifts of services from any person 
for the purpose of providing administrative assistance to the 
Immigration and Naturalization Service in administering programs 
relating to naturalization, adjudications at ports of entry, and 
removal of criminal aliens. Nothing in this section shall require the 
Attorney General to accept the services of any person.
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