Expanded forfeiture for smuggling or harboring

Subsection 274(b) of the Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended— (1) by amending paragraph (1) to read as follows: (1) Any property, real or personal, which facilitates or is intended to facilitate, or which has been used in or is intended to be used in the commission of a violation of subsection (a) or of sections 274A(a)(1) or 274A(a)(2), or which constitutes or is derived from or traceable to the proceeds obtained directly or indirectly from a commission of a violation of subsection (a), shall be subject to seizure and forfeiture, except that— (A) no property, 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 property was a consenting party or privy to the illegal act; (B) no property 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 property 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; and (C) no property shall be forfeited under this paragraph to the extent of an interest of any owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of the owner, unless such action or omission was committed by an employee or agent of the owner, and facilitated or was intended to facilitate, or was used in or intended to be used in, the commission of a violation of subsection (a) or of section 274A(a)(1) or 274A(a)(2) which was committed by the owner or which intended to further the business interests of the owner, or to confer any other benefit upon the owner.. (2) by striking from paragraph (2)— (A) conveyance both places it appears and inserting in lieu thereof property; and (B) is being used in and inserting in lieu thereof is being used in, is facilitating, has facilitated, or was intended to facilitate; (3) by striking from paragraphs (4) and (5) a conveyance and conveyance each place such phrase or word appears and inserting in lieu thereof property; (4) by striking from paragraph (4)— (A) or at the end of subparagraph (C), and (B) the period at the end of subparagraph (D) and insetting; or; and (5) by adding after paragraph (4)(E): (E) transfer custody and ownership of forfeited property to any Federal, State, or local agency pursuant to the Tariff Act of 1930, as amended (19 U.S.C. 1616a(c))..