Amends the Immigration and Nationality Act to provide that, in the case of an offense (with respect to bringing in and harboring certain aliens) involving ten or more aliens committed for the purpose of commercial advantage or private financial gain, violators shall be fined, imprisoned for up to ten years, or both, for each alien in respect to whom such a violation occurs.
Revises seizure and forfeiture provisions regarding the bringing in and harboring of aliens to provide that any property which has been or is being used in the commission of a violation, or is derived from or traceable to any proceeds obtained as the result of a violation, or which is used to facilitate or is intended to be used in the commission of such a violation, shall be seized and subject to forfeiture, with exceptions. (Current law provides that any conveyance which has been or is being used in the commission of a violation shall be seized and subject to forfeiture, with exceptions.)
Directs the Attorney General to develop a plan to coordinate efforts to combat alien smuggling by organized crime syndicates, including: (1) increased coordination by Federal agencies; (2) procedures for Federal, State, and local coordination in information gathering, investigations, and prosecution; (3) a timetable for the creation of an alien smuggling task force in adversely affected areas; and (4) establishment of a national data base of information essential to combat alien smuggling. Sets forth reporting requirements.
Applies penalties under the Racketeer Influenced and Corrupt Organizations Act to peonage and slavery.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2757 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2757
To amend the Immigration and Nationality Act regarding alien smuggling,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 1993
Mr. Kennedy (for himself, Mr. King, Mr. Lantos, Mr. Porter, Ms. Pelosi,
Mr. Gilman, and Mr. Dornan) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act regarding alien smuggling,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) Criminal Penalties.--Section 274(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)) is amended by inserting before
the period ``; or in the case of an offense involving 10 or more aliens
done for the purpose of commercial advantage or private financial gain,
shall be fined in accordance with title 18, United States Code, or
imprisoned not more than 10 years, or both, for each alien in respect
to whom any violation of this paragraph occurs''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to violations committed on or after the date of the
enactment of this Act.
SEC. 2. SEIZURE AND FORFEITURE OF PROPERTY USED FOR ALIEN SMUGGLING.
(a) In General.--Section 274(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324(b)(1)) is amended to read as follows:
``(1)(A) Except as provided in subparagraph (B), any property
(including any vessel, vehicle, aircraft, or other asset) which has
been or is being used in the commission of a violation of subsection
(a) and (i) constitutes, or is derived from or traceable to, any
proceeds obtained, directly or indirectly, as the result of a violation
of subsection (a), or (ii) is used to facilitate, or is intended to be
so used in the commission of a violation of subsection (a), shall be
seized and subject to forfeiture.
``(B)(i) No property used by any person as a common carrier in the
transaction of business as a common carrier shall be forfeited under
this section unless the owner or other person in charge of the property
was a consenting party or privy to a violation under this section.
``(ii) No property shall be forfeited under this subsection by
reason of any act or omission established by the owner to have been
committed or omitted by a person other than the owner while the
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.''.
(b) Conforming Amendments.--Section 274(b) of such Act ( 8 U.S.C.
1324) is amended--
(1) in paragraph (2)--
(A) by striking ``conveyance'' and inserting
``property'' each place it appears, and
(B) by striking ``is being used in'' and inserting
``is being used in, is facilitating, has facilitated,
is facilitating or was intended to facilitate''; and
(2) in paragraphs (4) and (5), by striking ``a
conveyance'', ``any conveyance'', and ``conveyance'' and
inserting ``property'' each place it appears.
SEC. 3. REPORT CONCERNING ALIEN SMUGGLING.
(a) Plan.--The Attorney General, in consulation with the Director
of the Immigration and Naturalization Service, shall develop a plan to
coordinate efforts to combat alien smuggling by organized crime
syndicates. Such plan shall include the following:
(1) Increased coordination by all appropriate departments
and agencies of the Federal Government to combat alien
smuggling.
(2) Procedures and guildelines for the coordination of
enforcement efforts among Federal, State, and local authorities
in gathering information, investigations, and prosecution.
(3) A timetable for the creation of a comprehensive alien
smuggling task force in adversely affected areas.
(4) Establishment of a national data-base of information
essential to combat alien smuggling.
(b) Report to Congress.--Not more than 90 days after the date of
the enactment of this Act, the Attorney General shall submit a report
outlining such plan to the appropriate committees of the Congress.
SEC. 4. APPLYING RACKETEERING INFLUENCED AND CORRUPT ORGANIZATIONS
(RICO) PENALTIES TO PEONAGE AND SLAVERY.
Section 1961(1) of title 18, United States Code, is amended by
inserting ``sections 1581-1588 (relating to peonage and slavery),''
after ``section 1513 (relating to retaliating against a witness,
victim, or informant),''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on International Law, Immigration, and Refugees.
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