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CROSS REFERENCES
Definition of the term-

Alien, see section 1101 (a) (3) of this title.
Attorney General, see section 1101 (a) (5) of this

title.

Crewman, see section 1101 (a) (10) of this title. Entry, see section 1101 (a) (13) of this title. Immigrant visa, see section 1101 (a) (16) of this

title.

Nonimmigrant, visa, see section 1101 (a) (26) of this title.

Person, as used in subchapter I of this chapter and this subchapter, see section 1101 (b) (3) of this title. Service, see section 1101 (a) (34) of this title. United States, see section 1101 (a) (38) of this title. Reentry permit, see section 1203 of this title.

§ 1323. Unlawful bringing of aliens into United States.

(a) Persons liable.

It shall be unlawful for any person, including any transportation company, or the owner, master, commanding officer, agent, charterer, or consignee of any vessel or aircraft, to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have an unexpired visa, if a visa was required under this chapter or regulations issued thereunder.

(b) Evidence.

If it appears to the satisfaction of the Attorney General that any alien has been so brought, such person, or transportation company, or the master, commanding officer, agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for each alien so brought and, except in the case of any such alien who is admitted, or permitted to land temporarily, in addition, a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter sum to be delivered by the collector of customs to the alien on whose account the assessment is made. No vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such sums or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs.

(c) Remission or refund.

Such sums shall not be remitted or refunded, unless it appears to the satisfaction of the Attorney General that such person, and the owner, master, commanding officer, agent, charterer, and consignee of the vessel or aircraft, prior to the departure of the vessel or aircraft from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an alien and that a visa was required.

(d) Alien stowaways.

The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside thereof who fails to detain on board or at such other

place as may be designated by an immigration officer any alien stowaway until such stowaway has been inspected by an immigration officer, or who fails to detain such stowaway on board or at such other designated place after inspection if ordered to do so by an immigration officer, or who fails to deport such stowaway on the vessel or aircraft on which he arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which he arrived when required to do so by an immigration officer, shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for each alien stowaway, in respect of whom any such failure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs. The provisions of section 1225 of this title for detention of aliens for examination before special inquiry officers and the right of appeal provided for in section 1226 of this title shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or removal or deportation of such alien from the United States. (June 27, 1952, ch. 477, title II, ch. 8, § 273, 66 Stat. 227.)

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Immigration officer, see section 1101 (a) (18) of this title.

United States, see section 1101 (a) (38) of this title. Funds collected to be held in trust, see section 725s (6) of Title 31, Money and Finance.

Revocation of visas or documents, notice prior to alien's embarkation as prerequisite to imposition of penalty, see section 1201 (1) of this title.

Stowaways on vessels and aircraft, penalties generally, see section 2199 of Title 18, Crimes and Criminal Procedure.

§ 1324. Bringing in and harboring certain aliens; persons liable; authority to arrest.

(a) Any person, including the owner, operator, pilot, master, commanding officer, agent, or consignee of any means of transportation who

(1) brings into or lands in the United States, by any means of transportation or otherwise, or attempts, by himself or through another, to bring into or land in the United States, by any means of transportation or otherwise;

(2) knowing that he is in the United States in violation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto, transports, or moves, or attempts to transport or move, within the United States by means of transportation or otherwise, in furtherance of such violation of law;

(3) willfully or knowingly conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any

place, including any building or any means of transportation; or

(4) willfully or knowingly encourages or induces, or attempts to encourage or induce, either directly or indirectly, the entry into the United States of

any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding five years, or both, for each alien in respect to whom any violation of this subsection occurs: Provided, however, That for the purposes of this section, employment (including the usual and normal practices incident to employment) shall not be deemed to constitute harboring.

(b) No officer or person shall have authority to make any arrest for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws. (June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228.)

CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title. Attorney General, see section 1101 (a) (5) of this

title.

Crewman, see section 1101 (a) (10) of this title. Entry, see section 1101 (a) (13) of this title. Immigration officer, see section 1101 (a) (18) of this

title.

Residence, see section 1101 (a) (33) of this title.
Service, see section 1101 (a) (34) of this title.

United States, see section 1101 (a) (38) of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 1325. Entry of alien at improper time or place; misrepresentation and concealment of facts.

Any alien who (1) enters the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offenses, be guilty of a misdemeanor and upon conviction thereof be punished by imprisonment for not more than six months, or by a fine of not more than $500, or by both, and for a subsequent commission of any such offenses shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than two years, or by a fine of not more than $1,000, or both. (June 27, 1952, ch. 477, title II, ch. 8, § 275, 66 Stat. 229.)

Definitions

CROSS REFERENCES

Entry, see section 1101 (a) (13) of this title. Immigration officer, see section 1101 (a) (18) of this title.

United States, see section 1101 (a) (38) of this title. Offenses classified, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 1326. Reentry of deported alien. Any alien who

(1) has been arrested and deported or excluded and deported, and thereafter

(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously excluded and deported, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,

shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than $1,000, or both. (June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat. 229.)

CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title. Attorney General, see section 1101 (a) (5) of this

title.

Entry, see section 1101 (a) (13) of this title. United States, see section 1101 (a) (38) of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 1327. Aiding or assisting subversive alien to enter. Any person who knowingly aids or assists any alien excludable under section 1182 (a) (27), (28), or (29) of this title to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment for not more than five years, or both. (June 27, 1952, ch. 477, title II, ch. 8, § 277, 66 Stat. 229.)

CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title.

Entry, see section 1101 (a) (13) of this title. United States, see section 1101 (a) (38) of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 1328. Importation of alien for immoral purpose.

The importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is forbidden. Whoever shall, directly or indirectly, import, or attempt to import into the United States any alien for the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, maintain, control, support, employ, or harbor in any house or other place, for the purpose of prostitution or for any other immoral purpose, any alien, in pursuance of such illegal importation, shall, in every such case, be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 and by imprisonment for a term of not more than ten years. The trial and punishment of offenses under this section may be in any district to or into which

such alien is brought in pursuance of importation by the person or persons accused, or in any district in which a violation of any of the provisions of this section occurs. In all prosecutions under this section, the testimony of a husband or wife shall be admissible and competent evidence against each other. (June 27, 1952, ch. 477, title II, ch. 8, § 278, 66 Stat. 230.)

CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title.

United States, see section 1101 (a) (38) of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 1329. Jurisdiction of district courts.

The district courts of the United States shall have jurisdiction of all causes, civil and criminal, arising under any of the provisions of this subchapter. It shall be the duty of the United States attorney of the proper district to prosecute every such suit when brought by the United States. Notwithstanding any other law, such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with a violation under sections 1325 or 1326 of this title may be apprehended. No suit or proceeding for a violation of any of the provisions of this subchapter shall be settled, compromised, or discontinued without the consent of the court in which it is pending and any such settlement, compromise, or discontinuance shall be entered of record with the reasons therefor. (June 27, 1952, ch. 477, title II, ch. 8, § 279, 66 Stat. 230.)

CROSS REFERENCES

Jurisdiction of all offenses against the laws of the United States, see section 3231 of Title 18, Crimes and Criminal Procedure.

United States defined, see section 1101 (a) (38) of this title.

§ 1330. Collection of penalties and expenses.

Notwithstanding any other provisions of this subchapter, the withholding or denial of clearance of or a lien upon any vessel or aircraft provided for in sections 1221, 1227, 1229, 1253, 1281, 1283-1286 and 1321-1323 of this title shall not be regarded as the sole and exclusive means or remedy for the enforcement of payments of any fine, penalty or expenses imposed or incurred under such sections, but, in the discretion of the Attorney General, the amount thereof may be recovered by civil suit, in the name of the United States, from any person made liable under any of such sections. 1952, ch. 477, title II, ch. 8, § 280, 66 Stat. 230.)

(June 27,

include the furnishing and verification of the duplicate), $5;

(2) For the issuance of each immigrant visa, $20;

(3) For the issuance of each extension of a reentry permit, $10;

(4) For the filing of each application for adjustment of status under sections 1255 and 1258 of this title, for the creation of a record of admission for permanent residence under section 1259 of this title or for suspension of deportation, $25;

(5) For the issuance of each extension of stay to nonimmigrants, other than nonimmigrants described in section 1101 (a) (15) (F) of this title and, upon a basis of reciprocity, the nonimmigrants described in section 1101 (a) (15) (A) (iii) or 1101 (a) (15) (G) (v) of this title, $10;

(6) For filing with the Attorney General of each petition under sections 1154 (b), 1155 (b), and 1184 (c) of this title, $10; and

(7) For approval of each application for, including issuance of each certificate of, admission to practice as attorney or representative before the Service, pursuant to such regulations as may be prescribed by the Attorney General, $25.

The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State in amounts corresponding, as nearly as practicable, to the total of all similar visa, entry, residence, or other fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis. (June 27, 1952, ch. 477. title II, ch. 9, § 281, 66 Stat. 230.)

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May 7, 1926. April 15, 1942 Feb. 10, 1950. June 10, 28, July 12, 1949. Mar. 27, 1946 Dec. 17, 1937 Aug. 29, 1950. Feb. 20, 1956. Dec. 19, 1930 June 29, 1925.

Dec. 22, 1931. July 2, 1925 June 9, 1947 July 2, 4, 1936 Aug. 15, 1933 Dec. 7, 15, 1953 Apr. 8, 1925

Oct. 22, 1925 Aug. 19, 1947 Dec. 12, 30, 1952, Jun. 9, 1953.

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Ireland.

Israel.

Italy.

Japan

Latvia. Liberia.

Lichenstein.
Lithuania.
Luxembourg.

Mexico..
Monaco.
Morocco

Netherlands.

New Zealand.

Nicaragua. Norway.

Pakistan.

Panama.

Peru

Philippines.

Portugal.

Rumania.

Spain

Sweden

Switzerland.

Thailand.

Tunis.
Turkey

Union of South

Africa.

United Kingdom. Uruguay

Venezuela.

Yugoslavia.

Aug. 1, 1949. Mar. 27, 1951 Mar. 2, 1955 Sept. 28, 1948. May 21, 1952. Feb. 18, 1935. Aug. 31, 1925 Oct. 27, 28, 1947..

Oct. 22, 1947. Apr. 17, 1937 Apr. 25, 1936. Oct. 28, 1953 Mar. 31, 1952 Mar. 16, 1949. Jan. 21, 1946.

Mar. 14, 1949.. July 10, 1925. July 7, 1947 Oct. 10, 1949 May 11, 13, 1925. May 22, 25, 1956. May 20, 1929. Nov. 24, 1952 Feb. 22, 1950. Aug. 25, 1939. Jan. 21, 1952 Apr. 10, 1947. Oct. 22, 1947. Sept. 19, 1925 Mar. 16, 1949 Oct. 11, 1955 Mar. 24, 1937.. Apr. 3, 1956 Nov. 9, 12, 1948. Nov. 3, 8, 1949. Jan. 5, 12, 1937. Dec. 24, 1925 Mar. 23, 25, 1950.

Jan. 29, 1949
June 10, 1925
May 30, 1956
June 1, 1925
June 21, 1926
June 4, 1956
Aug. 11, 1948
Mar. 13, 1946
Apr. 21, 1926
Feb. 27, 1939
June 6, 1956
Aug.
1, 1949
June 1. 1951
Oct. 28, 1947
Sept. 29, 1948
Sept. 18, 1952
Mar. 27, 1935
Aug. 31, 1925
Oct. 28, 1947
Nov. 13, 1947
Apr. 17, 1937
May 26, 1936
Nov. 12, 1953
Mar. 21, 1952
Mar. 31, 1949
Apr. 15, 1946

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Definition of the term

63 Stat. 2737. TIAS 3508. 189 LNTS 113.

62 Stat. 3824. 64 Stat. B 122.

UST 471.

Alien, see section 1101 (a) (3) of this title.
Attorney General, see section 1101 (a) (5) of this

title.

Entry, see section 1101 (a) (13) of this title. Immigrant visa, see section 1101 (a) (16) of this

title.

National of the United States, see section 1101 (a) (22) of this title.

National, see section 1101 (a) (21) of this title. Nonimmigrant alien, see section 1101 (a) (15) (A-I) of this title.

Nonimmigrant visa, see section 1101 (a) (26) of this title.

Residence, see section 1101 (a) (33) of this title. Service, see section 1101 (a) (34) of this title. Reentry permit, see section 1203 of this title.

§ 1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public.

(a) Reentry permits issued under section 1203 of this title shall be printed on distinctive safety paper and shall be prepared and issued under regulations prescribed by the Attorney General.

(b) The Public Printer is authorized to print for sale to the public by the Superintendent of Documents, upon prepayment, copies of blank forms of manifests and crew lists and such other forms as may be prescribed and authorized by the Attorney General to be sold pursuant to the provisions of this subchapter. (June 27, 1952, ch. 477, title II, ch. 9, § 282, 66 Stat. 231.)

CROSS REFERENCES

Definition of the term Attorney General, see section 1101 (a) (5) of this title.

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§ 1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States.

When officers, inspectors, or other employees of the Service are ordered to perform duties in a foreign country, or are transferred from one station to another, in the United States or in a foreign country, or while performing duties in any foreign country become eligible for voluntary retirement and return to the United States, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight, unpacking, temporary storage, and drayage thereof in accordance with section 73b-1 of Title 5. The expense of transporting the remains of such officers, inspectors, or other employees who die while in, or in transit to, a foreign country in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses of such interment and of preparation for shipment, are authorized to be paid on the written order of the Attorney General. (June 27, 1952, ch. 477, title II, ch. 8, § 283, 66 Stat. 231.)

CROSS REFERENCES

Definition of the term

Attorney General, see section 1101 (a) (5) of this

title.

Service, see section 1101 (a) (34) of this title.
United States, see section 1101 (a) (38) of this title.

§ 1354. Applicability to members of the armed forces. Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uniform of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter. (June 27, 1952, ch. 477, title II, ch. 9, § 284, 66 Stat. 232.)

CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title. United States, see section 1101 (a) (38) of this title.

§ 1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts.

(a) Subject to such conditions and limitations as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating houses, or other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance with the provisions of section 5 of Title 41 and for the use of Government property in

connection with the exercise of such exclusive privileges a reasonable rental may be charged. The feeding of aliens, or the furnishing of any other necessary service in connection with any United States immigrant station, may be performed by the Service without regard to the foregoing provisions of this subsection if the Attorney General shall find that it would be advantageous to the Government in terms of economy and efficiency. No intoxicating liquors shall be sold at any immigrant station.

(b) Such articles determined by the Attorney General to be necessary to the health and welfare of aliens detained at any immigrant station, when not otherwise readily procurable by such aliens, may be sold at reasonable prices to such aliens through Government canteens operated by the Service, under such conditions and limitations as the Attorney General shall prescribe.

(c) All rentals or other receipts accruing from the disposal of privileges, and all moneys arising from the sale of articles through Service-operated canteens, authorized by this section, shall be covered into the Treasury to the credit of the appropriation for the enforcement of this subchapter. (June 27. 1952, ch. 477, title II, ch. 9, § 285, 66 Stat. 232.) CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title.
Attorney General, see section 1101 (a) (5) of this

title.

Service, see section 1101 (a) (34) of this title.
United States, see section 1101 (a) (38) of this title.

§ 1356. Disposition of monies collected under the provisions of this subchapter.

(a) All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in section 1228 (c) of this title paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropriation for the enforcement of this chapter for the fiscal year in which the expenses were incurred.

(b) Except as otherwise provided in subsection (a) of this section, or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under section 1351 of this title, shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively. (June 27, 1952, ch. 477, title II, ch. 9, § 286, 66 Stat. 232.) CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title.
Service, see section 1101 (a) (34) of this title.

§ 1357. Powers of immigration officers and employees. (a) Powers without warrant.

Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant

(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;

(2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, or expulsion of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States;

(3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States; and

(4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, or expulsion of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States. Any such employee shall also have the power to execute any warrant or other process issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens.

(b) Administration of oath; taking of evidence.

Any officer or employee of the Service designated by the Attorney General, whether individually or as one of a class, shall have power and authority to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States, or concerning any matter which is material or relevant to the enforcement of this chapter and the administration of the Service; and any person to whom such oath has been administered, under the provisions of this chapter, who shall knowingly or willfully give false evidence or swear to any false statement concerning any matter referred to in this subsection shall be guilty of perjury and shall be punished as provided by section 1621 of Title 18. (c) Search without warrant.

Any officer or employee of the Service authorized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal

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