S.Amdt. 1192

1. Adds SEC. 1122. AIRPORT SPACE FOR BIOMETRIC DATA COLLECTION on page 942, between lines 17 and 18

   Adds a sectionPrinted page

   Inserted: SEC. 1122. AIRPORT SPACE FOR BIOMETRIC DATA COLLECTION.

   Inserted: (a) In General.--Section 234 (8 U.S.C. 1224) is amended to read as follows:

   Inserted: "SEC. 234. DESIGNATION OF INTERNATIONAL AIRPORTS AT WHICH ALIENS ARE PERMITTED TO ENTER OR EXIT THE UNITED STATES.

   Inserted: "(a) Designation.--The Secretary of Homeland Security is authorized--

   Inserted: "(1) to designate international airports in the United States that may accept aliens arriving to or exiting from the United States by aircraft; and

   Inserted: "(2) to withdraw any designation made pursuant to paragraph (1) if the designated airport fails to provide, at no cost to the Federal Government, adequate space and facilities, as determined by the Secretary, for--

   Inserted: "(A) the inspection of aliens arriving to the United States; and

   Inserted: "(B) the collection of biometric information from aliens departing from the United States;

   Inserted: "(3) to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as the Secretary determines to be necessary to administer and enforce this chapter; and

   Inserted: "(4) to provide for the application to civil air navigation of the provisions of this chapter, if not expressly provided in this chapter, to the extent and upon such conditions as the Secretary determines to be necessary.

   Inserted: "(b) Civil Penalties.--

   Inserted: "(1) In general.--Any person who violates any requirement provided by the Secretary of Homeland Security pursuant to subsection (a) shall be subject to a civil penalty of $2,000, which may be remitted or mitigated by the Secretary in accordance with such proceedings as the Secretary shall prescribe.

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   Inserted: "(2) Lien; seizure.--If a violation described in paragraph (1) is committed by the owner or person in command of an aircraft--

   Inserted: "(A) the penalty imposed under this subsection shall be a lien upon the aircraft;

   Inserted: "(B) such lien may be collected by proceedings in rem that conform as nearly as possible to civil suits in admiralty; and

   Inserted: "(C) such aircraft may be libeled therefore in the appropriate United States court.

   Inserted: "(D) such aircraft may be summarily seized by, and placed in the custody of, such persons as the Secretary may prescribe.

   Inserted: "(3) No judicial review.--The determination by the Secretary of Homeland Security and the remission or mitigation of the civil penalty imposed under this subsection shall be final.

   Inserted: "(4) Release of lien.--An aircraft seized pursuant to paragraph (2)(D) may be released from such custody upon deposit of such amount not exceeding $2,000 as the Secretary of Homeland Security may prescribe, or of a bond in such sum and with such sureties as the Secretary may prescribe, conditioned upon the payment of the penalty.".

   Inserted: (b) Clerical Amendment.--The table of contents is amended by striking the item relating to section 234 and inserting the following:

   Inserted: "Sec. 234. Designation of international airports at which aliens are permitted to enter or exit the United States.".

   Inserted: (c) Rulemaking.--

   Inserted: (1) Secretary of homeland security.--The Secretary shall prescribe such regulations as may be necessary to carry out the amendments made by this section.

   Inserted: (2) Judicial procedures.--The Supreme Court of the United States, and, under its direction, other courts of the United States, are authorized to prescribe such rules regulating proceedings against aircraft subject to a penalty imposed pursuant to section 234(b) of the Immigration and Nationality Act, as amended by subsection (a), which are not otherwise provided by law.

   Original wording

   On page 942, between lines 17 and 18, insert the following:

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As printed