[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1078 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1078
To improve immigration law enforcement.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 1993
Mr. Gallegly (for himself, Mr. Sensenbrenner, Mr. Hyde, Mr. Hunter, Mr.
Oxley, Mr. Stump, Mr. Baker of Louisiana, Mr. Doolittle, Mr.
Rohrabacher, Mr. Moorhead, Mr. Dreier, Mr. McKeon, Mr. Stearns, Mr.
Archer, Mr. Cunningham, Mr. Lewis of California, Mr. McCandless, Mr.
Dornan, Mr. Weldon, Mr. Royce, Mr. Barton of Texas, Mr. Packard, Mr.
Gordon, Mr. Smith of Texas, Mr. Hefley, Mr. McCollum, Mr. Hancock, Mr.
Herger, Mr. Calvert, Mr. Horn, Mr. Kyl, Mr. Pombo, and Mr. Cox)
introduced the following bill; which was referred jointly to the
Committees on the Judiciary, Education and Labor, and Foreign Affairs
_______________________________________________________________________
A BILL
To improve immigration law enforcement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Immigration Law Enforcement
Act of 1993''.
SEC. 2. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL.
The number of full-time positions in the Border Patrol of the
Department of Justice for fiscal year 1994 shall be increased to 6,600.
SEC. 3. INCREASED FUNDING FOR THE BORDER PATROL.
In addition to funds otherwise available for such purposes, there
are authorized to be appropriated to the Attorney General $50,000,000
for the fiscal year 1993, which amount shall be available only for
equipment, support services, and initial training for the Border
Patrol. Funds appropriated pursuant to this section are authorized to
remain available until expended.
SEC. 4. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) Requirement.--Section 103 of the Immigration and Nationality
Act (8 U.S.C. 1103) is amended by adding at the end the following new
subsection:
``(e)(1) The Attorney General shall continue to provide for such
programs of inservice training for full-time and part-time personnel of
the Border Patrol in contact with the public as will familiarize the
personnel with the rights and varied cultural backgrounds of aliens and
citizens in order to ensure and safeguard the constitutional and civil
rights, personal safety, and human dignity of all individuals, aliens
as well as citizens, within the jurisdiction of the United States with
whom they have contact in their work.
``(2) The Attorney General shall provide that the annual report of
the Service include a description of steps taken to carry out paragraph
(1).''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $1,000,000 for fiscal year 1994 to
carry out the inservice training described in section 103(e) of the
Immigration and Nationality Act. The funds appropriated pursuant to
this subsection are authorized to remain available until expended.
SEC. 5. INCREASE IN I.N.S. SUPPORT PERSONNEL.
In order to provide support for the increased personnel levels of
the border patrol authorized in section 2, the number of full-time
support positions for investigation, detention and deportation,
intelligence, information and records, legal proceedings, and
management and administration in the Immigration and Naturalization
Service shall be increased by 580 positions above the number of
equivalent positions as of September 30, 1992.
SEC. 6. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.
(a) In General.--The number of full-time positions in the Wage and
Hour Division with the Employment Standards Administration of the
Department of Labor for the fiscal year 1994 shall be increased by 250
positions above the number of equivalent positions available to the
Wage and Hour Division as of September 30, 1992.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be assigned to investigate
violations of wage and hour laws in areas where the Attorney General
has notified the Secretary of Labor that there are high concentrations
of undocumented aliens.
SEC. 7. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS PROVISIONS.
(a) In General.--The number of full-time positions in the
Investigations Division within the Immigration and Naturalization
Service of the Department of Justice for the fiscal year 1994 shall be
increased by 250 positions above the number of equivalent positions
available to such Division as of September 30, 1992.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be assigned to investigate
violations of the employer sanctions provisions contained in section
274A of the Immigration and Nationality Act, including investigating
reports of violations received from officers of the Employment
Standards Administration of the Department of Labor.
SEC. 8. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.
(a) In General.--The number of Assistant United States Attorneys
that may be employed by the Department of Justice for the fiscal year
1994 shall be increased by 21 above the number of Assistant United
States Attorneys that could be employed as of September 30, 1992.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be specially trained to be
used for the prosecution of persons who bring into the United States or
harbor illegal aliens, fraud, and other criminal statutes involving
illegal aliens.
SEC. 9. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.
Subsection 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) in paragraph (1), by striking ``five years'' and
inserting ``10 years (or 20 years in the case of an offense
described in paragraph (3))'', and
(2) by adding at the end the following new paragraph:
``(3) For purposes of paragraph (1), an offense described
in this paragraph if--
``(A) the offense involves 5 or more aliens;
``(B) the offense involves other criminal activity;
``(C) one or more of the aliens referred to in
paragraph (1) were under the age of 18 at the time of
the offense and the offense was committed either for
the purpose of illegal adoption or for the purpose of
sexual or commercial exploitation; or
``(D) the offense involves the dangerous, inhumane
treatment, or death of, or serious bodily injury to, an
alien referred to in paragraph (1).''.
SEC. 10. CHANGES IN CRIMINAL PENALTIES FOR BRINGING IN ALIENS.
Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324)
is amended--
(1) in subsection (a)(2), by inserting before the period at
the end thereof the following: ``, except that a person who
commits an offense under subparagraph (B)(ii) shall be fined in
accordance with that title, or imprisoned not more than 10
years, or both'', and
(2) by adding at the end thereof the following new
subsection:
``(d) For purposes of this section, the mere employment of an
individual (including the usual and normal practices incident to
employment) by itself shall not be deemed to constitute harboring.''.
SEC. 11. NEGOTIATIONS WITH MEXICO AND CANADA.
It is the sense of the Congress that--
(1) the Attorney General, jointly with the Secretary of
State, should initiate discussions with Mexico and Canada to
establish formal bilateral programs with those countries to
prevent and to prosecute the smuggling of undocumented aliens
into the United States;
(2) not later than one year after the date of enactment of
this Act, the Attorney General shall report to the Congress the
progress made in establishing such programs; and
(3) in any such program established under this Act, major
emphasis should be placed on deterring and prosecuting persons
involved in the organized and continued smuggling of
undocumented aliens.
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