Special Counsel to investigate the charge or to bring a complaint before an administrative law judge during such 90-day period.". (b) EFFECTIVE DATE.-The amendments made by subsection (a) shall apply to charges received on or after the date of the enactment of this Act. SEC. 538. SPECIAL COUNSEL ACCESS TO EMPLOYMENT ELIGIBILITY VERIFICATION FORMS. (a) IN GENERAL.-Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended by inserting ", the Special Counsel for Immigration-Related Unfair Employment Practices," after "officers of the Service,”. (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 539. ADDITIONAL RELIEF IN ORDERS. (a) IN GENERAL.-[Omitted; added clauses (v) through (viii) to section 274B(g)(2)(B).] (b) EFFECTIVE DATE.-The amendments made by subsection (a) shall apply to orders with respect to unfair immigration-related employment practices occurring on or after the date of the enactment of this Act. Subtitle D-General Enforcement SEC. 541. AUTHORIZING INCREASE BY 1,000 IN BORDER PATROL PERSONNEL. There are authorized to be appropriated for fiscal year 1991 such additional sums as may be necessary to provide for an increase of 1,000 in the authorized personnel level of the border patrol of the Immigration and Naturalization Service, above the authorized level of the patrol as of September 30, 1990. SEC. 542. APPLICATION OF INCREASE IN PENALTIES TO ENHANCE ENFORCEMENT ACTIVITIES. (a) IN GENERAL.-Section 280 (8 U.S.C. 1330) is amended (1) by inserting "(a)" after "280.", and (2) [Omitted; added subsection (b) at the end of section 280.] (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall apply to fines and penalties collected on or after January 1, 1991. SEC. 543. INCREASE IN FINE LEVELS; AUTHORITY OF THE INS TO COLLECT FINES. (a) CIVIL PENALTIES.— (1) FAILURE TO DELIVER MANIFEST.-Section 231(d) (8 U.S.C. 1221(d)) is amended by striking "collector of customs at the port of arrival or departure the sum of $10" and inserting "Commissioner the sum of $300". (2) FAILURE TO PROVIDE FOR DEPORTATION.-Section 237(b) (8 U.S.C. 1227(b)) is amended by striking "district director of customs of the district in which port of arrival is situated or in which any vessel or aircraft of the line may be found, the sum of $300" and inserting "Commissioner the sum of $2,000". (3) IMPROPER AIRCRAFT ENTRY.-Section 239 (8 U.S.C. 1229) is amended by striking "$500" each place it appears and inserting "$2,000". (4) FAILURE TO CONTROL CREW.- -Section 254(a) (8 U.S.C. 1284(a)) is amended(A) in the first sentence, by striking "collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the orders of the officer occurs the sum of $1,000" and inserting "Commissioner the sum of $3,000", and (B) in the third sentence by striking "$200" and inserting "$500". (5) EMPLOYMENT OF CERTAIN CREW.-Section 255 (8 U.S.C. 1285) is amended(A) in the second sentence, by striking "collector of customs of the customs district in which the port of arrival is located the sum of $50" and inserting "Commissioner the sum of $1,000", and (B) in the third sentence, by striking "collector of customs" and inserting "Commissioner". (6) IMPROPER DISCHARGE OF CREW.-Section 256 (8 U.S.C. 1286) is amended(A) in the second sentence, by striking "collector of customs of the customs district in which the violation occurred the sum of $1,000" and inserting "Commissioner the sum of $3,000”, (B) in the third sentence, by striking "collector of customs" and inserting "Commissioner", and (C) in the fourth sentence, by striking "$500" and inserting "$1,500". (7) ASSISTING UNLAWFUL ENTRY OF CREW.-Section 257 (8 U.S.C. 1287) is amended by striking "$5,000" and inserting "$10,000". (8) DUTY TO PREVENT UNAUTHORIZED ENTRIES.-Section 271(a) (8 U.S.C. 1321) is amended by striking "$1,000" and inserting "$3,000". (9) BRINGING IN CERTAIN ALIENS.-Section 272 (8 U.S.C. 1322) is amended(A) in subsection (a)— (i) by striking "collector of customs of the customs district in which the place of arrival is located" and inserting "Commissioner", and (ii) by striking "$1,000" and inserting "$3,000"; (B) in subsection (b) 24. (i) by striking "collector of customs of the customs district in which the place of arrival is located" and inserting "Commissioner", and (ii) by striking "$250" and inserting "$3,000"; and (C) in subsection (c), by striking "collector of customs" and inserting "Commissioner". (10) UNLAWFUL BRINGING OF ALIENS.-Section 273 (8 U.S.C. 1323) is amended (A) in subsection (b), by striking "collector of customs of the customs district in which the port of arrival is located the sum of $1,000" and inserting "Commissioner the sum of $3,000”, and (B) in subsection (d)— (i) in the first sentence, by striking "collector of customs of the customs district in which the port of arrival is located the sum of $1,000" and inserting "Commissioner the sum of $3,000", and (ii) in the second sentence, by striking "collector of customs" and inserting "Commissioner". (b) CRIMINAL FINE LEVELS. (1) CREW MEMBER OVERSTAYING.-Section 252(c) (8 U.S.C. 1282(c)) is amended by striking "shall be guilty" and all that follows through "six months" and inserting "shall be fined not more than $2,000 (or, if greater, the amount provided under title 18, United States Code) or imprisoned not more than 6 months". (2) CONCEALMENT OF ALIENS.-Section 275 (8 U.S.C. 1325) is amended(A) by inserting "or attempts to enter" after "(1) enters", (B) by inserting "attempts to enter or" after "or (3)", and (C) by striking "shall, for the first commission", and all that follows through "$1,000" and inserting "shall, for the first commission of any such offense, be fined not more than $2,000 (or, if greater, the amount provided under title 18, United States Code) or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years". (3) UNLAWFUL REENTRY.-Section 276 (8 U.S.C. 1326) is amended by striking "shall be guilty" and all that follows through "$1,000" and inserting "shall be fined under title 18, United States Code, or imprisoned not more than 2 years". (4) AIDING IN ENTRY OF SUBVERSIVES.-Section 277 (8 U.S.C. 1327) is amended by striking "shall be guilty” and all that follows through "five years" and inserting “shall be fined under title 18, United States Code, or imprisoned not more than 10 years". (5) IMPORTING PROSTITUTES.-Section 278 (8 U.S.C. 1328) is amended by striking "shall, in every" and all that follows through "ten years" and inserting “shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both". (c) EFFECTIVE DATES.-The amendments made by subsections (a) and (b) shall apply to actions taken after the date of the enactment of this Act. SEC. 544. CIVIL PENALTIES FOR DOCUMENT FRAUD. (a) DOCUMENT FRAUD.-[Omitted; added section 274C.] (b) NEW GROUND OF DEPORTATION.-Section 241(a) (8 U.S.C. 1251(a)) is amended(1) by striking "or" at the end of paragraph (19), (2) by striking the period at the end of paragraph (20) and inserting "; or", and (3) by adding at the end the following new paragraph: "(21) is the subject of a final order for violation of section 274C.". (c) CLERICAL AMENDMENT.─[Omitted; conforming amendment to table of contents.] 24 Note that subsection (b) was stricken by § 603(a)(15)(B) of IA '90. (d) EFFECTIVE DATE.-The amendments made by this section shall apply to persons or entities that have committed violations on or after the date of the enactment of this Act. SEC. 545. DEPORTATION PROCEDURES; REQUIRED NOTICE OF DEPORTATION HEARING; LIMITATION ON DISCRETIONARY RELIEF. (a) IN GENERAL.-[Omitted; inserted section 242B.] (b) JUDICIAL REVIEW.-Section 106(a) (8 U.S.C. 1105a) is amended— (1) in paragraph (1), by striking "6 months" and inserting "90 days", (2) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively, and (3) by inserting after paragraph (5) the following new paragraph: "(6) whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order;". (c) REPORT ON CONSOLIDATION OF REQUESTS for RELIEF.-The Attorney General shall submit to the Congress by not later than 6 months after the date of the enactment of this Act, a report on abuses associated with the failure of aliens to consolidate requests for discretionary relief before immigration judges at the first hearing on the merits. The Attorney General shall take into account possible exceptions appropriate in the interest of justice and shall include in the report such recommendations for changes in regulations or law as may be needed to prevent such abuses. (d) REGULATIONS ON MOTIONS TO REOPEN AND TO RECONSIDER AND ON ADMINISTRATIVE APPEALS.-Within 6 months after the date of the enactment of this Act, the Attorney General shall issue regulations with respect to (1) the period of time in which motions to reopen and to reconsider may be offered in deportation proceedings, which regulations include a limitation on the number of such motions that may be filed and a maximum time period for the filing of such motions; and (2) the time period for the filing of administrative appeals in deportation proceedings and for the filing of appellate and reply briefs, which regulations include a limitation on the number of administrative appeals that may be made, a maximum time period for the filing of such motions and briefs, the items to be included in the notice of appeal, and the consolidation of motions to reopen or to reconsider with the appeal of the order of deportation. (e) CONFORMING AMENDMENT.-The 8th sentence of section 242(b) (8 U.S.C. 1252(b)) is amended to read as follows: "Such regulations shall include requirements consistent with section 242B.". (f) CLERICAL AMENDMENT.—[Omitted; conforming amendment to table of contents.] (g) EFFECTIVE DATES. (1) NOTICE-RELATED PROVISIONS.— (A) Subsections (a), (b), (c), and (e)(1) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)), and the amendment made by subsection (e), shall be effective on a date specified by the Attorney General in the certification described in subparagraph (B), which date may not be earlier than 6 months after the date of such certification. (B) The Attorney General shall certify to the Congress when the central address file system (described in section 242B(a)(4) of the Immigration and Nationality Act) has been established. (C) The Comptroller General shall submit to Congress, within 3 months after the date of the Attorney General's certification under subparagraph (B), a report on the adequacy of such system. (2) CERTAIN LIMITS ON DISCRETIONARY RELIEF; SANCTIONS FOR FRIVOLOUS BEHAVIOR.-Subsections (d), (e)(2), and (e)(3) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)) shall be effective on the date of the enactment of this Act. (3) LIMITS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR IN ASYLUM HEARING. Subsection (e)(4) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)) shall be effective on February 1, 1991. (4) CONSOLIDATION OF RELIEF IN JUDICIAL REVIEW.-The amendments made by subsection (b) shall apply to final orders of deportation entered on or after January 1, 1991. TITLE VI-EXCLUSION AND DEPORTATION SEC. 601. REVISION OF GROUNDS FOR EXCLUSION. (a) REVISED GROUNDS FOR EXCLUSION.-[Omitted; amended subsection (a) of section 212 in its entirety.] (b) Notice of Grounds for EXCLUSION.—[Omitted; amended subsection (b) of section 212 in its entirety.] (c) REVIEW OF EXCLUSION LISTS.—The Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien(1) whose name is in such system, and (2) who either (A) applies for entry after the effective date of the amendments made by this section, or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the alien's continued excludability under the Immigration and Nationality Act, if the alien is no longer excludable because of an amendment made by this section the alien's name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be excludable the alien shall be informed of such determination. (d) CONFORMING AMENDMENTS TO SECTION 212. (1) Subsection (c) of section 212 (8 U.S.C. 1182) is amended by striking “paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a)" and inserting "subsection (a) (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))". (2) Subsection (d) of such section is amended (A) by striking paragraphs (1), (2), (6), (9), and (10); (B) in paragraph (3)— (i) by striking "under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27), (29), and (33))" and inserting "under subsection (a) (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)" each place it appears, and (ii) by adding at the end the following new sentence: "The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph."; (C) in paragraph (4), by striking "(26)" and inserting “(7)(B)(i)"; (D) in paragraph (7), by striking "of this section, except paragraphs (20), (21), and (26)," and inserting "(other than paragraph (7))"; (E) in paragraph (8), by striking “(26), (27), and (29)" and inserting “(3)(A), (3)(B), (3)(C), and (7)(B)"; and (F) [Omitted; added paragraph (11) at the end of section 212(d).] (6) Subsection (k) of such section is amended by striking "paragraph (14), (20), or (21)" and inserting "paragraph (5)(A) or (7)(A)(i)”. (7) Subsection (1) of such section is amended by striking "paragraph (26)(B)” and inserting "paragraph (7)(B)(i)”. (e) EFFECTIVE Date.—(1) Except as provided in paragraph (2), the amendments made by this section and by section 603(a) of this Act shall apply to individuals entering the United States on or after June 1, 1991. (2) The amendments made by paragraphs (5) and (13) of section 603(a) shall apply to applications for adjustment of status made on or after June 1, 1991. SEC. 602. REVISION OF GROUNDS FOR DEPORTATION. (a) REVISED Grounds for DepORTATION.-[Omitted; amended subsection (a) of section 241 in its entirety.] (b) CONFORMING AMENDMENTS TO SECTION 241.- 25 25 Additional technical corrections to section 241 were made by § 307(k) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1756), effective as if included in this subsection. (1) Subsections (b), (c), (f), and (g) of section 241 are repealed. (2) Subsection (e) of such section is amended (A) by striking "subsection (a) (6) or (7) of this section" and inserting "paragraph (4) of subsection (a)", and (B) by redesignating such subsection as subsection (b). (c) SAVINGS PROVISION.-Notwithstanding the amendments made by this section, any alien who was deportable because of a conviction (before the date of the enactment of this Act) of an offense referred to in paragraph (15), (16), (17), or (18) of section 241(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act, shall be considered to remain so deportable. Except as otherwise specifically provided in such section and subsection (d), the provisions of such section, as amended by this section, shall apply to all aliens described in subsection (a) thereof notwithstanding that (1) any such alien entered the United States before the date of the enactment of this Act, or (2) the facts, by reason of which an alien is described in such subsection, occurred before the date of the enactment of this Act. (d) EFFECTIVE DATE.-The amendments made by this section, and by section 603(b) of this Act, shall not apply to deportation proceedings for which notice has been provided to the alien before March 1, 1991. SEC. 603. CONFORMING AMENDMENTS. 26 (a) RELATING TO GROUNDS FOR EXCLUSION.- (A) in subsection (f)(3), by striking "paragraphs (11), (12), and (31)” and inserting "paragraphs (2)(D), (6)(E), and (9)(A)", (B) in subsection (f)(3), by striking "paragraphs (9) and (10) of section 212(a) and paragraph (23)” and inserting "subparagraphs (A) and (B) of section 212(a)(2) and subparagraph (C) thereof", and (C) in subsection (h), by striking “212(a)(34)” and inserting “212(a)(2)(E)”. (2) Section 102 (8 U.S.C. 1102) is amended (A) by striking “(27)” in paragraphs (1) and (2) and inserting “(3) (other than subparagraph (E))", and (B) by striking “paragraphs (27) and (29)” in paragraph (3) and inserting "paragraph (3) (other than subparagraph (E))". (3) Section 203(a)(7) (8 U.S.C. 1153(a)(7)) is amended by striking "section 212(a)(14)" and inserting "section 212(a)(5)". (4) Sections 207(c)(3) and 209(c) (8 U.S.C. 1157(c)(3), 1159(c)) are each amended (A) by striking “(14), (15), (20), (21), (25), and (32)” and inserting “(4), (5), and (7)(A)", and (B) by striking "(other than paragraph" and all that follows through "narcotics)" and inserting “(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))”. (5) 27 Section 210 (8 U.S.C. 1160) is amended (A) in subsection (a)(3)(B)(i), by striking "212(a)(19)" and inserting "212(a)(6)(C)(i)", (B) in subsection (c)(2)(A), by striking "(14), (20), (21), (25), and (32)" and inserting "(5) and (7)(A)", (C) in subsection (c)(2)(B)(ii)(I), by striking "Paragraph (9) and (10)” and inserting "Paragraphs (2)(A) and (2)(B)", (D) in subsection (c)(2)(B)(ii)(II), by striking "(15)" and inserting "(4)", (E) in subsection (c)(2)(B)(ii)(III), by striking "(23)" and inserting “(2)(C)", (F) in subsection (c)(2)(B)(ii)(IV), by striking "Paragraphs (27), (28), and (29) (relating to national security and members of certain organizations)" and inserting "Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof", (G) in subsection (c)(2)(B)(ii), by striking subclause (V), and (H) in subsection (c)(2)(C), by striking "212(a)(15)" and inserting "212(a)(4)". 26 Additional technical corrections to various provisions were made by § 307(1) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1756-7), effective as if included in this subsection. 27 Note that section 210(b)(7)(B) of the INA was amended, by § 307(j) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1756), by striking "212(a)(19)" and inserting "212(a)(6)(C)(i)", effective as if included in this paragraph. |