Speech #960335674

Subsection (b) of section 274 (8 U.S.C. 1324) is amended to read as follows: "(b) (1) Any conveyance. including any vessel. vehicle. or aircraft. which is used in the commission of a violation of subsection (a) shall be subject to seizure and forfeiture. except that"(A) 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 "(B) 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 the owner in violation of the criminal laws of the United States or of any State. "(2) Any conveyance subject to seizure under this section may be seized without warrant if there is probable cause to believe the conveyance has been used in a violation of subsection (a) and circumstances exist where a warrant is not constitutionally required. "(3) All provisions of law relating to the seizure. summary and judicial forfeiture. and condemnation of property for the violation of the customs laws. the disposition of such property or the proceeds from the sale thereof. the remission or mitigation of such forfeitures. and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred. or alleged to have been incurred. under the provisions of this section. insofar as applicable and not inconsistent with the provisions hereof. except that duties imposed on custom officers or other persons regarding the seizure and forfeiture of conveyances under the customs laws shall be performed with respect to seizures and forfeitures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General. "(4) Whenever a conveyance is forfeited under this section the Attorney General may"(A) retain the conveyance for official use. "(B) sell the conveyance. in which case the proceeds from any such sale shall be used to pay all proper expenses of the proceeding for forfeiture and sale including expenses of seizure. maintenance of custody. advertising. and court costs. or "(C) require that the General Services Administration take custody of the conveyance and remove it for disposition in accordance with law. "(5) In all suits or actions brought for the forfeiture of any conveyance seized under this section. where the conveyance is claimed by any person. the burden of proof shall lie upon such claimant: Provided. That probable cause shall be first shown for the institution of such suit or action. In determining whether probable cause exists. any of the following shall be prima facie evidence that an alien involved in the alleged violation was not lawfully entitled to enter. or reside within. the United States: "(A) Records of any judicial or administrative proceeding in which that aliens status was an issue and in which it was determined that the alien was not lawfully entitled to enter. or reside within the United States. "(B) Official records of the Service showing that the alien was not lawfully entitled to enter. or reside within. the United States. "(C) Testimony. by an immigration officer having personal knowledge of the facts concerning that aliens status. that the alien was not entitled to enter. or reside within. the United States.". SEC. 13. Section 286 (8 U.S.C. 1356) is amended(1) by redesignating subsection (b) as subsection (c) and by inserting "and subsection (b)" in that subsection after "Except as otherwise provided in subsection (a)". and (2) by inserting after subsection (a) the following new subsection: "(b) Moneys expended from appropriatlions for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service.". SEC. 14. Section 316(b) (8 U.S.C. 1427(b)) is amended by adding at the end the following: "The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.". SEC. 15. (a) Section 329(b) (8 U.S.C. 1440 (b)) is amended by inserting "and" at the end of paragraph (3). by striking out ". and" at the end of paragraph (4) and inserting in lieu thereof a period. and by striking out paragraph (5). (b) Section 334(a) (8 U.S.C. 1445(a)) Is amended by striking out "and duly verified by two witnesses.". (c) Section 335 (8 U.S.C. 1446) is amended(1) by striking out "and the oaths of petitioners witnesses to the petition for naturalization" in the second sentence of subsection (b). (2) by striking out subsections (f). (g). and (h). and (3) by redesignating subsection (i) as subsection (f). (d) Section 336 (8 U.S.C. 1447) 1S amended(1) by striking out "and the witnesses" each place it appears in subsections (a) and (b). (2) by striking out subsection (c). (3) by redesignating subsection (d) as subsection (c). (4) by redesignating subsection (e) as subsection (d) and striking out the last sentence thereof. and (5) by redesignating subsection (f) as subsection (e). (e) Section 328(b)(2) (8 U.S.C. 1439(b) (2)) is amended by striking out "and section 336(c)" and "and the witnesses". SEC. 16. Section 344(c) (8 U.S.C. 1455(c)) is amended by striking out "$6.000" each place it appears and inserting in lieu thereof "$40.000". SEC. 17. Section 13(b) of the Act of September 11. 1957 (71 Stat. 642. 8 U.S.C. 1255b (b)). is amended by inserting after "Attorney General" the first place it appears the following: "that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the aliens immediate family and that adjustment of the aliens status to that of an alien lawfully admitted for permanent residence would be in the national interest.". SEC. 18. (a) Section 101 (8 U.S.C. 1101) Is amended(1) by striking out "Office of Education of the United States" in subsection (a) (15) (F) and inserting in lieu thereof "Secretary of Education". (2) by striking out the period at the end of each of subparagraphs (H). (J). and (K) of subsection (a) (15) and inserting in lieu thereof a semicolon. (3) by striking out the period at the end of subparagraph (L) of subsection (a) (15) and inserting in lieu thereof ". or". (4) by striking out the second sentence of subsection (a) (33). and (5) by striking out the period at the end of subparagraphs (C) and (E) of subsection (b) (1) and inserting in lieu thereof or." (b) Section 204 (8 U.S.C. 1154) is amended by redesignating the subsection (f). which was added by section 7(b) of Public Law 94571. as subsection (g). (c) Section 212 (8 U.S.C. 1182) is amended by adding at the end of the following new subsection: "(k) Any alien. excludable from the United States under paragraph (14). (20). or (21) of subsection (a). who Is in possession of an immigrant visa may. if otherwise admissible. be admitted in the discretion of the Attorney General if the Attorney General is satisfied that exclusion was not known to. and could not have been ascertained by the exercise of reasonable diligence by. the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or. in the case of an immigrant coming from foreign contiguous territory. before the time of the immigrants application for admission.". (d) Section 221(a) (8 U.S.C. 1201(a)) is amended by striking out the period after "is charged" and inserting in lieu thereof a comma. (e) (1) (A) The tenth sentence of subsection (b) of section 242 (8 U.S.C. 1252) is amended by striking out "or (18)" and inserting in lieu thereof "(18). or (19)". (B) Subsection (e) of such section is amended by striking out "or (18)" and inserting in lieu thereof "(18). or (19)". (2) Subsection (a) of section 244 (8 U.S.C. 1254) is amended by inserting "(other than an alien described in section 241 (a) (19))" after "in the case of an alien" in the matter before paragraph (1). (f) Section 244(d) (8 U.S.C. 1254(d)) is amended(1) by striking out "nonpreference". and (2) by striking out "203(a) (7)" and inserting in lieu thereof "201(a) or 202 (a)". (g) Section 309 (8 U.S.C. 1409) is amended(1) by striking out "(3). (4). (5). and (7) of section 301(a)" in subsection (a) and inserting in lieu thereof "(c). (d). (e). and (g) of section 301". and (2) by strikihg out "301(a) (7)" in subsection (b) and inserting in lieu thereof "301 (g) ". (h) Sections 320(b). 321(b). and 322(b) (8 U.S.C. 1431(b). 1432(b). 1433(b)) are 31272 cIO each anended by striking out "a child adopted whil." under the age of sixteen years who" and inrting in lieu thereof "an adopted child only if the child". (1) Tlne fourth sentence of section 337(a) (8 U.S.C. 1448(a)) is amended by striking out "or 323". (j) Section 341 (8 U.S.C. 1452) is amended by striking out "(3). (4). (5). or (7) of section 01(a)" and inserting in lieu thereof "(c). (a). (e). or (g) of section 301". (k) Scetion 349 (8 U.S.C. 1481). as amended by section 4 of Public Law 95432. is amended by striking out the second "(a)" after "349.". (1) Section 351 (8 U.S.C. 1483) is amended-(1) by striking out "paragraphs (7). (8). and (9) of section 349" in subsection (a) and Inserting In lieu thereof "paragraphs (6) and (7) of section 349(a) ". and (2) by striking out "(5). and (6)" in subsection (b) and inserting in lieu thereof "and (5) ". (mi) Section 404 (8 U.S.C. 1101 note is amended by inserting "(other than chapter 2 of title IV)" after "this Act". (n) The table of contents is amended by striking omt the items relating to sections 350. 352. 353. 354. and 355. (o) (1) Section 1429 of title 18. United States Code. is amended by striking out "subsection (e)" and inserting in lieu thereof "subsection (d)". (2) The Act of March 16. 1956 (8 U.S.C. 1401a) is amended by striking out "301(a) (7)" and inserting in lieu thereof "301(g)". SEC. 19. The numerical limitations contained in sections 201 and 202 of the Immigration and Nationality Act shall not apply to any alien who is present in the United States and who. on or before June 1. 1978-(1) qualified as a nonpreference min igrant under section 203(a) (8) of such Act (as In effect on June 1. 1978). (2) was determined to be exempt from the labor certification requirement of section 2.2(a) (14) of such Act because the alien had actually invested. before such date. capital in an enterprise in the United States of which the alien became a principal maniager and which employed a person or persons (other than the spouse or children of the alien) who are citizens of the United States or aliens lawfully admitted for permanen re.qtdence. and (3) applied for adjustment of status to that of an alien lawfully admitted for permanenit residence. SEC. 20. ia) (1) The Attorney General and the Secretary of State are authorized to establish a pilot program (hereinafter in this section referred to as the "program") under whl.h the requirement of section 212(a) (26) (B) of the Immigration and Nationality Ant may be waived by the Attorney General and the Secretary of State acting jointly In the case of an alien who(A) is applying for admission during fiscal year 1981 a sa nonimmigrant visitor (described in section 101(a) (15) (B) of the 1mmigration and Nationality Act) for a period not exceeding ninety days: (B) Is a national of a country which(i) extends. or has agreed to extend. reciprocal ptivileges to citizens and nationals of the United States. and (i) has been designated as a pilot country under subsection (b). (C) before such admission completes such immigration form as the Attorney General shall establish under paragraph (3) and execute.: a waiver of review and appeal described In paragraph (4). (D) has a roundtrip. nonrefundable. nontransferable. opendated transportation ticket which(I) Is issued by a carrier which has entered into an agreement described in subsection (c). and