TITLE II--ENHANCED ENFORCEMENT AND PENALTIES
AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

     SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN
                   SMUGGLING OR DOCUMENT FRAUD.

       Section 2516(1) of title 18, United States Code, is
     amended--
       (1) in paragraph (c), by striking ``or section 1992
     (relating to wrecking trains)'' and inserting ``section 1992
     (relating to wrecking trains), a felony violation of section
     1028 (relating to production of false identification
     documentation), section 1425 (relating to the procurement of
     citizenship or nationalization unlawfully), section 1426
     (relating to the reproduction of naturalization or
     citizenship papers), section 1427 (relating to the sale of
     naturalization or citizenship papers), 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 passports),
     section 1544 (relating to misuse of passports), or section
     1546 (relating to fraud and misuse of visas, permits, and
     other documents)'';
       (2) by striking ``or'' at the end of paragraph (l);
       (3) by redesignating paragraphs (m), (n), and (o) as
     paragraphs (n), (o), and (p), respectively; and
       (4) by inserting after paragraph (l) the following new
     paragraph:
       ``(m) a violation of section 274, 277, or 278 of the
     Immigration and Nationality Act (8 U.S.C. 1324, 1327, or
     1328) (relating to the smuggling of aliens);''.

     SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

       Section 1961(1) of title 18, United States Code, as amended
     by section 433 of Public Law 104-132, is amended--
       (1) by striking ``if the act indictable under section 1028
     was committed for the purpose of financial gain'';
       (2) by inserting ``section 1425 (relating to the
     procurement of citizenship or nationalization unlawfully),
     section 1426 (relating to the reproduction of naturalization
     or citizenship papers), section 1427 (relating to the sale of
     naturalization or citizenship papers),'' after ``section 1344
     (relating to financial institution fraud),'';
       (3) by striking ``if the act indictable under section 1542
     was committed for the purpose of financial gain'';
       (4) by striking ``if the act indictable under section 1543
     was committed for the purpose of financial gain'';
       (5) by striking ``if the act indictable under section 1544
     was committed for the purpose of financial gain''; and
       (6) by striking ``if the act indictable under section 1546
     was committed for the purpose of financial gain''.

     SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

       (a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8
     U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the
     case of a violation of subparagraph (A)(ii), (iii), or (iv)
     in which the offense was done for the purpose of commercial
     advantage or private financial gain'' after ``subparagraph
     (A)(i)''.
       (b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a))
     is amended--
       (1) in paragraph (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 paragraph (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)''; and
       (D) in clause (iv), by striking ``or (iv)'' and inserting
     ``(iv), or (v)'';
       (3) in paragraph (2)(B), by striking ``be fined'' and all
     that follows and inserting the following: ``be fined under
     title 18, United States Code, and shall be imprisoned, in the
     case of a first or second violation of subparagraph (B)(iii),
     not more than 10 years, in the case of a first or second
     violation of subparagraph (B)(i) or (B)(ii), not less than 3
     nor more than 10 years, and for any other violation, not less
     than 5 nor more than 15 years.''; and
       (4) by adding at the end the following new paragraph:
       ``(3)(A) Any person who, during any 12-month period,
     knowingly hires for employment at least 10 individuals with
     actual knowledge that the individuals are aliens described in
     subparagraph (B) shall be fined under title 18, United States
     Code, or imprisoned for not more than 5 years, or both.
       ``(B) An alien described in this subparagraph is an alien
     who--
       ``(i) is an unauthorized alien (as defined in section
     274A(h)(3)), and
       ``(ii) has been brought into the United States in violation
     of this subsection.''.
       (c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i)
     of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended
     to read as follows:

[[Page H11793]]

       ``(i) 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,''.
       (d) Applying Certain Penalties on a Per Alien Basis.--
     Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by
     striking ``for each transaction constituting a violation of
     this paragraph, regardless of the number of aliens involved''
     and inserting ``for each alien in respect to whom a violation
     of this paragraph occurs''.
       (e) Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section
     994(p) of title 28, United States Code, the United States
     Sentencing Commission shall promulgate sentencing guidelines
     or amend existing sentencing guidelines for offenders
     convicted of offenses related to smuggling, transporting,
     harboring, or inducing aliens in violation of section 274(a)
     (1)(A) or (2) of the Immigration and Nationality Act (8
     U.S.C. 1324(a)(1)(A), (2)(B)) in accordance with this
     subsection.
       (2) Requirements.--In carrying out this subsection, the
     Commission shall, with respect to the offenses described in
     paragraph (1)--
       (A) increase the base offense level for such offenses at
     least 3 offense levels above the applicable level in effect
     on the date of the enactment of this Act;
       (B) review the sentencing enhancement for the number of
     aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the
     sentencing enhancement by at least 50 percent above the
     applicable enhancement in effect on the date of the enactment
     of this Act;
       (C) impose an appropriate sentencing enhancement upon an
     offender with 1 prior felony conviction arising out of a
     separate and prior prosecution for an offense that involved
     the same or similar underlying conduct as the current
     offense, to be applied in addition to any sentencing
     enhancement that would otherwise apply pursuant to the
     calculation of the defendant's criminal history category;
       (D) impose an additional appropriate sentencing enhancement
     upon an offender with 2 or more prior felony convictions
     arising out of separate and prior prosecutions for offenses
     that involved the same or similar underling conduct as the
     current offense, to be applied in addition to any sentencing
     enhancement that would otherwise apply pursuant to the
     calculation of the defendant's criminal history category;
       (E) impose an appropriate sentencing enhancement on a
     defendant who, in the course of committing an offense
     described in this subsection--
       (i) murders or otherwise causes death, bodily injury, or
     serious bodily injury to an individual;
       (ii) uses or brandishes a firearm or other dangerous
     weapon; or
       (iii) engages in conduct that consciously or recklessly
     places another in serious danger of death or serious bodily
     injury;
       (F) consider whether a downward adjustment is appropriate
     if the offense is a first offense and involves the smuggling
     only of the alien's spouse or child; and
       (G) consider whether any other aggravating or mitigating
     circumstances warrant upward or downward sentencing
     adjustments.
       (3) Emergency authority to sentencing commission.--The
     Commission shall promulgate the guidelines or amendments
     provided for under this subsection as soon as practicable in
     accordance with the procedure set forth in section 21(a) of
     the Sentencing Act of 1987, as though the authority under
     that Act had not expired.
       (f) Effective Date.--This section and the amendments made
     by this section shall apply with respect to offenses
     occurring on or after the date of the enactment of this Act.

     SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES
                   ATTORNEYS.

       (a) In General.--The number of Assistant United States
     Attorneys employed by the Department of Justice for the
     fiscal year 1997 shall be increased by at least 25 above the
     number of Assistant United States Attorneys that were
     authorized to be employed as of September 30, 1996.
       (b) Assignment.--Individuals employed to fill the
     additional positions described in subsection (a) shall
     prosecute persons who bring into the United States or harbor
     illegal aliens or violate other criminal statutes involving
     illegal aliens.

     SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

       (a) In General.--Title II is amended by adding at the end
     the following new section:


                  ``undercover investigation authority

       ``Sec. 294. (a) In General.--With respect to any undercover
     investigative operation of the Service which is necessary for
     the detection and prosecution of crimes against the United
     States--
       ``(1) sums appropriated for the Service may be used for
     leasing space within the United States and the territories
     and possessions of the United States without regard to the
     following provisions of law:
       ``(A) section 3679(a) of the Revised Statutes (31 U.S.C.
     1341),
       ``(B) section 3732(a) of the Revised Statutes (41 U.S.C.
     11(a)),
       ``(C) section 305 of the Act of June 30, 1949 (63 Stat.
     396; 41 U.S.C. 255),
       ``(D) the third undesignated paragraph under the heading
     `Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40
     U.S.C. 34),
       ``(E) section 3648 of the Revised Statutes (31 U.S.C.
     3324),
       ``(F) section 3741 of the Revised Statutes (41 U.S.C. 22),
     and
       ``(G) 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 appropriated for the Service 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 appropriated for the Service, and the proceeds
     from the undercover operation, may be deposited in banks or
     other financial institutions without regard to the provisions
     of section 648 of title 18, United States Code, and of
     section 3639 of the Revised Statutes (31 U.S.C. 3302); and
       ``(4) the proceeds from the 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 authority set forth in this subsection may be exercised
     only upon written certification of the Commissioner, in
     consultation with the Deputy Attorney General, that any
     action authorized by paragraph (1), (2), (3), or (4) is
     necessary for the conduct of the undercover operation.
       ``(b) Disposition of Proceeds No Longer Required.--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 the operation, the proceeds or the balance of the
     proceeds remaining at the time shall be deposited into the
     Treasury of the United States as miscellaneous receipts.
       ``(c) Disposition of Certain Corporations and Business
     Entities.--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 Service,
     as much in advance as the Commissioner or Commissioner's
     designee determines 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) Financial Audits.--The 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.''.
       (b) Clerical Amendment.--The table of contents is amended
     by inserting after the item relating to section 293 the
     following:

``Sec. 294. Undercover investigation authority.''.
                Subtitle B--Deterrence of Document Fraud

     SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
                   GOVERNMENT-ISSUED DOCUMENTS.

       (a) Fraud and Misuse of Government-Issued Identification
     Documents.--(1) Section 1028(b) of title 18, United States
     Code, is amended--
       (A) in paragraph (1), by inserting ``except as provided in
     paragraphs (3) and (4),'' after ``(1)'' and by striking
     ``five years'' and inserting ``15 years'';
       (B) in paragraph (2), by inserting ``except as provided in
     paragraphs (3) and (4),'' after ``(2)'' and by striking
     ``and'' at the end;
       (C) by redesignating paragraph (3) as paragraph (5); and
       (D) by inserting after paragraph (2) the following new
     paragraphs:
       ``(3) a fine under this title or imprisonment for not more
     than 20 years, or both, if the offense is committed to
     facilitate a drug trafficking crime (as defined in section
     929(a)(2) of this title);
       ``(4) a fine under this title or imprisonment for not more
     than 25 years, or both, if the offense is committed to
     facilitate an act of international terrorism (as defined in
     section 2331(1) of this title); and''.
       (2) Sections 1425 through 1427, sections 1541 through 1544,
     and section 1546(a) of title 18, United States Code, are each
     amended by striking ``imprisoned not more'' and all that
     follows through ``years'' each place it appears and inserting
     the following: ``imprisoned not more than 25 years (if the
     offense was committed to facilitate an act of international
     terrorism (as defined in section 2331 of this title)), 20
     years (if the offense was committed to facilitate a drug
     trafficking crime (as defined in section 929(a) of this
     title)), 10 years (in the case of the first or second such
     offense, if the offense was not committed to facility such an
     act of international terrorism or a drug trafficking crime),
     or 15 years (in the case of any other offense)''.
       (b) Changes to the Sentencing Levels.--
       (1) In general.--Pursuant to the Commission's authority
     under section 994(p) of title 28, United States Code, the
     United States Sentencing Commission shall promulgate
     sentencing guidelines or amend existing sentencing guidelines
     for offenders convicted of violating, or conspiring to
     violate, sections 1028(b)(1), 1425 through 1427, 1541 through
     1544, and 1546(a) of title 18, United States Code, in
     accordance with this subsection.
       (2) Requirements.--In carrying out this subsection, the
     Commission shall, with respect to the offenses referred to in
     paragraph (1)--
       (A) increase the base offense level for such offenses at
     least 2 offense levels above the level in effect on the date
     of the enactment of this Act;
       (B) review the sentencing enhancement for number of
     documents or passports involved (U.S.S.G. 2L2.1(b)(2)), and
     increase the upward adjustment by at least 50 percent above
     the applicable enhancement in effect on the date of the
     enactment of this Act;
       (C) impose an appropriate sentencing enhancement upon an
     offender with 1 prior felony

[[Page H11794]]

     conviction arising out of a separate and prior prosecution
     for an offense that involved the same or similar underlying
     conduct as the current offense, to be applied in addition to
     any sentencing enhancement that would otherwise apply
     pursuant to the calculation of the defendant's criminal
     history category;
       (D) impose an additional appropriate sentencing enhancement
     upon an offender with 2 or more prior felony convictions
     arising out of separate and prior prosecutions for offenses
     that involved the same or similar underlying conduct as the
     current offense, to be applied in addition to any sentencing
     enhancement that would otherwise apply pursuant to the
     calculation of the defendant's criminal history category; and
       (E) consider whether any other aggravating or mitigating
     circumstances warrant upward or downward sentencing
     adjustments.
       (3) Emergency authority to sentencing commission.--The
     Commission shall promulgate the guidelines or amendments
     provided for under this subsection as soon as practicable in
     accordance with the procedure set forth in section 21(a) of
     the Sentencing Act of 1987, as though the authority under
     that Act had not expired.
       (c) Effective Date.--This section and the amendments made
     by this section shall apply with respect to offenses
     occurring on or after the date of the enactment of this Act.

     SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES
                   FOR DOCUMENT FRAUD.

       (a) Activities Prohibited.--Section 274C(a) (8 U.S.C.
     1324c(a)) is amended--
       (1) in paragraph (1), by inserting before the comma at the
     end the following: ``or to obtain a benefit under this Act'';
       (2) in paragraph (2), by inserting before the comma at the
     end the following: ``or to obtain a benefit under this Act'';
       (3) in paragraph (3)--
       (A) by inserting ``or with respect to'' after ``issued
     to'';
       (B) by adding before the comma at the end the following:
     ``or obtaining a benefit under this Act''; and
       (C) by striking ``or'' at the end;
       (4) in paragraph (4)--
       (A) by inserting ``or with respect to'' after ``issued
     to'';
       (B) by adding before the period at the end the following:
     ``or obtaining a benefit under this Act''; and
       (C) by striking the period at the end and inserting ``,
     or''; and
       (5) by adding at the end the following new paragraphs:
       ``(5) to prepare, file, or assist another in preparing or
     filing, any application for benefits under this Act, or any
     document required under this Act, or any document submitted
     in connection with such application or document, with
     knowledge or in reckless disregard of the fact that such
     application or document was falsely made or, in whole or in
     part, does not relate to the person on whose behalf it was or
     is being submitted, or
       ``(6)(A) to present before boarding a common carrier for
     the purpose of coming to the United States a document which
     relates to the alien's eligibility to enter the United
     States, and (B) to fail to present such document to an
     immigration officer upon arrival at a United States port of
     entry.''.
       (b) Definition of Falsely Make.--Section 274C (8 U.S.C.
     1324c), as amended by section 213 of this division, is
     further amended by adding at the end the following new
     subsection:
       ``(f) Falsely Make.--For purposes of this section, the term
     `falsely make' means to prepare or provide an application or
     document, with knowledge or in reckless disregard of the fact
     that the application or 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 fact which is material to the purpose for
     which it was submitted.''.
       (c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C.
     1324c(d)(3)) is amended by striking ``each document used,
     accepted, or created and each instance of use, acceptance, or
     creation'' each place it appears and inserting ``each
     document that is the subject of a violation under subsection
     (a)''.
       (d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
     1324c(d)) is amended by adding at the end the following new
     paragraph:
       ``(7) Waiver by attorney general.--The Attorney General may
     waive the penalties imposed by this section with respect to
     an alien who knowingly violates subsection (a)(6) if the
     alien is granted asylum under section 208 or withholding of
     deportation under section 243(h).''.
       (e) Effective Date.--Section 274C(f) of the Immigration and
     Nationality Act, as added by subsection (b), applies to the
     preparation of applications before, on, or after the date of
     the enactment of this Act.

     SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE
                   AS PREPARER OF FALSE APPLICATION FOR
                   IMMIGRATION BENEFITS.

       Section 274C (8 U.S.C. 1324c) is amended by adding at the
     end the following new subsection:
       ``(e) Criminal Penalties for Failure To Disclose Role as
     Document Preparer.--(1) Whoever, in any matter within the
     jurisdiction of the Service, knowingly and willfully fails to
     disclose, conceals, or covers up the fact that they have, on
     behalf of any person and for a fee or other remuneration,
     prepared or assisted in preparing an application which was
     falsely made (as defined in subsection (f)) for immigration
     benefits, shall be fined in accordance with title 18, United
     States Code, imprisoned for not more than 5 years, or both,
     and prohibited from preparing or assisting in preparing,
     whether or not for a fee or other remuneration, any other
     such application.
       ``(2) Whoever, having been convicted of a violation of
     paragraph (1), knowingly and willfully prepares or assists in
     preparing an application for immigration benefits pursuant to
     this Act, or the regulations promulgated thereunder, whether
     or not for a fee or other remuneration and regardless of
     whether in any matter within the jurisdiction of the Service,
     shall be fined in accordance with title 18, United States
     Code, imprisoned for not more than 15 years, or both, and
     prohibited from preparing or assisting in preparing any other
     such application.''.

     SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT
                   WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
                   OR FACT.

       The fourth paragraph of section 1546(a) of title 18, United
     States Code, is amended by striking ``containing any such
     false statement'' and inserting ``which contains any such
     false statement or which fails to contain any reasonable
     basis in law or fact''.

     SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.

       Section 1015 of title 18, United States Code, is amended--
       (1) by striking the dash at the end of paragraph (d) and
     inserting ``; or'', and
       (2) by inserting after paragraph (d) the following:
       ``(e) Whoever knowingly makes any false statement or claim
     that he is, or at any time has been, a citizen or national of
     the United States, with the intent to obtain on behalf of
     himself, or any other person, any Federal or State benefit or
     service, or to engage unlawfully in employment in the United
     States; or
       ``(f) Whoever knowingly makes any false statement or claim
     that he is a citizen of the United States in order to
     register to vote or to vote in any Federal, State, or local
     election (including an initiative, recall, or referendum)--
     ''.

     SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL
                   ELECTION.

       (a) In General.--Title 18, United States Code, is amended
     by inserting after section 610 the following:

     ``Sec. 611. Voting by aliens

       ``(a) It shall be unlawful for any alien to vote in any
     election held solely or in part for the purpose of electing a
     candidate for the office of President, Vice President,
     Presidential elector, Member of the Senate, Member of the
     House of Representatives, Delegate from the District of
     Columbia, or Resident Commissioner, unless--
       ``(1) the election is held partly for some other purpose;
       ``(2) aliens are authorized to vote for such other purpose
     under a State constitution or statute or a local ordinance;
     and
       ``(3) voting for such other purpose is conducted
     independently of voting for a candidate for such Federal
     offices, in such a manner that an alien has the opportunity
     to vote for such other purpose, but not an opportunity to
     vote for a candidate for any one or more of such Federal
     offices.
       ``(b) Any person who violates this section shall be fined
     under this title, imprisoned not more than one year, or
     both.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of chapter 29 of title 18, United States Code, is
     amended by inserting after the item relating to section 610
     the following new item:

``611. Voting by aliens.''.

     SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED
                   OFFENSES.

       Section 982(a) of title 18, United States Code, is amended
     by inserting after paragraph (5) the following new paragraph:
       ``(6)(A) The court, in imposing sentence on a person
     convicted of a violation of, or conspiracy to violate,
     section 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
     this title, or a violation of, or conspiracy to violate,
     section 1028 of this title if committed in connection with
     passport or visa issuance or use, shall order that the person
     forfeit to the United States, regardless of any provision of
     State law--
       ``(i) any conveyance, including any vessel, vehicle, or
     aircraft used in the commission of a violation of, or a
     conspiracy to violate, subsection (a); and
       ``(ii) 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, or a conspiracy to violate,
     subsection (a), section 274A(a)(1) or 274A(a)(2) of the
     Immigration and Nationality Act, or section 1028, 1425, 1426,
     1427, 1541, 1542, 1543, 1544, or 1546 of this title; or
       ``(II) that is used to facilitate, or is intended to be
     used to facilitate, the commission of a violation of, or a
     conspiracy to violate, subsection (a), section 274A(a)(1) or
     274A(a)(2) of the Immigration and Nationality Act, or section
     1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
     this title.
     The court, in imposing sentence on such person, shall order
     that the person forfeit to the United States all property
     described in this subparagraph.
       ``(B) The criminal forfeiture of property under
     subparagraph (A), 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), other than subsections (a) and
     (d) of such section 413.''.

     SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.

       (a) Amendments to Title 18.--Sections 1581, 1583, 1584, and
     1588 of title 18, United States Code, are amended by striking
     ``five'' each place it appears and inserting ``10''.
       (b) Review of Sentencing Guidelines.--The United States
     Sentencing Commission shall ascertain whether there exists an
     unwarranted disparity--

[[Page H11795]]

       (1) between the sentences for peonage, involuntary
     servitude, and slave trade offenses, and the sentences for
     kidnapping offenses in effect on the date of the enactment of
     this Act; and
       (2) between the sentences for peonage, involuntary
     servitude, and slave trade offenses, and the sentences for
     alien smuggling offenses in effect on the date of the
     enactment of this Act and after the amendment made by
     subsection (a).
       (c) Amendment of Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section
     994(p) of title 28, United States Code, the United States
     Sentencing Commission shall review its guidelines on
     sentencing for peonage, involuntary servitude, and slave
     trade offenses under sections 1581 through 1588 of title 18,
     United States Code, and shall amend such guidelines as
     necessary to--
       (A) reduce or eliminate any unwarranted disparity found
     under subsection (b) that exists between the sentences for
     peonage, involuntary servitude, and slave trade offenses, and
     the sentences for kidnapping offenses and alien smuggling
     offenses;
       (B) ensure that the applicable guidelines for defendants
     convicted of peonage, involuntary servitude, and slave trade
     offenses are sufficiently stringent to deter such offenses
     and adequately reflect the heinous nature of such offenses;
     and
       (C) ensure that the guidelines reflect the general
     appropriateness of enhanced sentences for defendants whose
     peonage, involuntary servitude, or slave trade offenses
     involve--
       (i) a large number of victims;
       (ii) the use or threatened use of a dangerous weapon; or
       (iii) a prolonged period of peonage or involuntary
     servitude.
       (2) Emergency authority to sentencing commission.--The
     Commission shall promulgate the guidelines or amendments
     provided for under this subsection as soon as practicable in
     accordance with the procedure set forth in section 21(a) of
     the Sentencing Act of 1987, as though the authority under
     that Act had not expired.
       (d) Effective Date.--This section and the amendments made
     by this section shall apply with respect to offenses
     occurring on or after the date of the enactment of this Act.

     SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.

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

     SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.

       Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by striking the period at the end of subparagraph (B)
     and inserting ``, and''; and
       (3) by inserting after subparagraph (B) the following:
       ``(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).''.



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G. Wellington Smith, P.C.
1600 Nueces St.,
Austin, TX 78701

Phone: (512) 476-7163
Fax: (512) 476-3869