Home > 106th Congressional Bills > H.R. 5292 (ih) To increase State flexibility in funding child protection programs, and for other purposes. [Introduced in House] ...H.R. 5292 (ih) To increase State flexibility in funding child protection programs, and for other purposes. [Introduced in House] ...
provide, in the States, training in fraud detection and prevention to
State and local law enforcement officers stationed, or intended to be
stationed, in divisions of motor vehicles.
Subtitle C--Securing the Interior; Tools for Border Security
CHAPTER 1--INCREASE IN STAFF FOR ICE
SEC. 81. PERSONNEL INCREASE.
(a) Authorization.--There are authorized to be appropriated to the
Secretary of Homeland Security such sums as may be necessary so as to
increase by 225 the number of positions for full-time special agents of
U.S. Immigration and Customs Enforcement carrying out duties related to
border security above the number of such positions which existed at the
end of fiscal year 2004.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) since U.S. Immigration and Customs Enforcement plays a
key role in the fight against terrorism and in securing the
borders, the Secretary of Homeland Security should work
expeditiously to ensure all special agents and national
security analytical support staff receive a Top Secret security
clearance; and
(2) maintenance of Top Secret security clearance must be a
requirement of continued employment as a special agent.
SEC. 82. ICE STRATEGY AND STAFFING ASSESSMENT.
(a) In General.--Not later than December 31 of each year, the
Secretary of Homeland Security shall submit to the Government
Accountability Office and the appropriate congressional committees (as
defined by section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)) a written report describing its strategy for deploying human
resources (including investigators and support personnel) to accomplish
its border security mission.
(b) Review.--Not later than 90 days after receiving any report
under subsection (a), the Government Accountability Office shall submit
to each appropriate congressional committee (as defined by section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101)) a written evaluation
of such report, including recommendations pertaining to how U.S.
Immigration and Customs Enforcement could better deploy human resources
to achieve its border security mission through legislative or
administrative action.
CHAPTER 2--INCREASE IN DETENTION SPACE
SEC. 85. INCREASE IN DETENTION SPACE.
(a) Funding Increase.--There are authorized to be appropriated to
the Secretary of Homeland Security such sums as may be necessary to
ensure an average daily bed occupancy rate of 22,500 for detention and
removal operations of U.S. Immigration and Customs Enforcement.
(b) Personnel Increase.--There are authorized to be appropriated to
the Secretary of Homeland Security such sums as may be necessary so as
to increase by 541 the number of positions for full-time employees of
U.S. Immigration and Customs Enforcement carrying out duties in
detention and removal operations above the number of such positions
which existed at the end of fiscal year 2004.
(c) Sense of Congress.--It is the sense of the Congress that the
Office of Detention and Removal Operation should be placed under the
operational control of the Commissioner of U.S. Customs and Border
Protection, since the largest client of such office is the Border
Patrol. The Secretary of Homeland Security is directed to move the
Office of Detention and Removal Operations from U.S. Immigration and
Customs Enforcement to U.S. Customs and Border Protection.
(d) Report on Homeland Security Detention Needs.--The Secretary of
Homeland Security shall submit to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) a report on detention and removal operations,
detailing the amount of additional detention space and resources
required to detain all persons presenting a possible threat to homeland
security. This report shall include information on alternatives to
detention including electronic monitoring, telephone and voice
recognition programs for those on bond, and conducting deportation
proceedings prior to prisoners release from Federal, State, and local
prisons. Additionally the report should provide information on
countries to which removal is problematic.
SEC. 86. SENSE OF CONGRESS REGARDING PROCESSING OF CRIMINAL ALIENS
WHILE INCARCERATED.
It is the sense of the Congress that immigration cases involving
incarcerated criminal aliens should be processed while the criminal
alien is in prison. In order to maximize the use of existing detention
space, the Department of Homeland Security should work with prisons in
which criminal aliens are incarcerated to complete their removal or
deportation proceeding before such aliens are released from prison and
sent to Federal detention.
SEC. 87. SENSE OF CONGRESS REGARDING INCREASE IN PROSECUTORS AND
IMMIGRATION JUDGES.
It is the sense of the Congress that--
(1) prosecutors and immigration judges are critical for the
prompt and proper enforcement of our immigration laws, and are
an important part of a comprehensive strategy;
(2) an insufficient number of prosecutors and immigration
judges currently exists to enforce the immigration laws of the
United States; and
(3) therefore, appropriations should be authorized for
appropriate staff increases for judicial and prosecutorial
offices, commensurate with other personnel increases directed
in this Act.
CHAPTER 3--ENHANCING LAW ENFORCEMENT ACCESS TO INFORMANTS
SEC. 91. NEW CLASS OF NONIMMIGRANT ALIENS.
(a) In General.--Section 101(a)(15)(S) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the comma at the end and
inserting ``; or'';
(3) by inserting after clause (ii) the following:
``(iii) who the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines--
``(I) is in possession of critical reliable
information concerning a commercial alien
smuggling organization or enterprise;
``(II) is willing to supply or has supplied
such information to a Federal or State court;
and
``(III) whose presence in the United States
the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines is essential to the success of an
authorized criminal investigation, the
successful prosecution of an individual
involved in the commercial alien smuggling
organization or enterprise, or the disruption
of such organization or enterprise,'';
(4) by inserting ``, or with respect to clause (iii), the
Secretary of Homeland Security, the Secretary of State, or the
Attorney General'' after ``jointly''; and
(5) by striking ``(i) or (ii)'' and inserting ``(i), (ii),
or (iii)''.
(b) Admission of Nonimmigrants.--Section 214(k) of the Immigration
and Nationality Act (8 U.S.C. 1184(k)) is amended--
(1) by adding at the end of paragraph (1) the following:
``The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal
year may not exceed 400.''; and
(2) by adding at the end the following:
``(5) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a
nonimmigrant described in clause (iii) of section 101(a)(15)(S), or
that of any family member of such a nonimmigrant who is provided
nonimmigrant status pursuant to such section, must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
SEC. 92. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON
ADMITTED FOR PERMANENT RESIDENCE.
Section 245(j) of the Immigration and Nationality Act (8 U.S.C.
1255(j)) is amended--
(1) in paragraph (3), by striking ``(1) or (2),'' and
inserting ``(1), (2), (3), or (4),'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) If, in the opinion of the Secretary of Homeland Security, the
Secretary of State, or the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(iii) has supplied information described
in subclause (I) of such section; and
``(B) the provision of such information has substantially
contributed to the success of a commercial alien smuggling
investigation, the disruption of a commercial alien smuggling
operation, or the prosecution of an individual described in
subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of the alien
(and the spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under that section) to that of an alien
lawfully admitted for permanent residence if the alien is not described
in section 212(a)(3)(E).
``(4) The Secretary of Homeland Security may adjust the status of a
nonimmigrant admitted into the United States under section
101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and
daughters, and parents of the nonimmigrant if admitted under that
section) to that of an alien lawfully admitted for permanent residence
on the basis of a recommendation of the Secretary of State or the
Attorney General.''; and
(4) by adding at the end the following:
``(6) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a person
whose status is adjusted under this subsection must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
CHAPTER 4--INCREASED PENALTIES FOR SMUGGLING
SEC. 95. COMBATING AGGRAVATED ALIEN SMUGGLING.
(a) Criminal Penalties.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the
following:
``(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence otherwise
provided for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more;
``(C) aliens were transported in a manner that endangered
their lives or the aliens presented a life-threatening health
risk to people in the United States; or
``(D) aliens were transported for purposes of prostitution
or involuntary servitude.''.
(b) Rewards Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) is amended by adding at the end the
following:
``(e) Rewards Program.--
``(1) Purpose.--The rewards program shall be designed to
assist in the elimination of aggravated alien smuggling.
``(2) Definition.--For purposes of this subsection, the
term `aggravated alien smuggling' means a violation for which
increased penalties are provided under subsection (a)(4).
``(3) Administration.--The rewards program shall be
administered by the Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State.
``(4) Rewards authorized.--In the sole discretion of the
Secretary of Homeland Security, such Secretary, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, may pay a reward to any individual who
furnishes information or testimony leading to--
``(A) the arrest or conviction of any individual
conspiring or attempting to commit an act of aggravated
alien smuggling;
``(B) the arrest or conviction of any individual
committing such an act;
``(C) the arrest or conviction of any individual
aiding or abetting the commission of such an act;
``(D) the prevention, frustration, or favorable
resolution of such an act, including the dismantling of
an aggravated alien smuggling organization in whole or
in significant part; or
``(E) the identification or location of an
individual who holds a key leadership position in an
aggravated alien smuggling operation.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Amounts appropriated under this
paragraph shall remain available until expended.
``(6) Ineligibility.--An officer or employee of any
Federal, State, local, or foreign government who, while in
performance of his or her official duties, furnishes
information described in paragraph (4) shall not be eligible
for a reward under this subsection for such furnishing.
``(7) Protection measures.--If the Secretary of Homeland
Security, the Secretary of State, or the Attorney General
determines that the identity of an individual who furnishes
information or testimony described in paragraph (4), or the
identity of any spouse, parent, son, or daughter of such an
individual, must be protected, such official may take such
lawful action as the official considers necessary to effect
such protection.
``(8) Limitations and certification.--
``(A) Maximum amount.--No reward under this
subsection may exceed $100,000, except as personally
authorized by the Secretary of Homeland Security if
such Secretary determines, in consultation, as
appropriate, with the Attorney General and the
Secretary of State, that the offer or payment of an
award of a larger amount is necessary to combat a
aggravated alien smuggling operation.
``(B) Approval.--Any reward under this subsection
exceeding $50,000 shall be personally approved by the
Secretary of Homeland Security.
``(C) Certification for payment.--Any reward
granted under this subsection shall be certified for
payment by the Secretary of Homeland Security.''.
(c) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (b), is
further amended by adding at the end the following:
``(f) Outreach Program.--The Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, shall develop and implement an outreach program to
educate the public in the United States and abroad about--
``(1) the penalties for bringing in and harboring aliens in
violation of this section; and
``(2) the financial rewards and other incentives available
under subsection (e) for assisting in the investigation,
disruption, or prosecution of an aggravated alien smuggling
operation.''.
SEC. 96. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.
(a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
(1) triple the minimum term of imprisonment under that
section for offenses involving the smuggling, transporting,
harboring, or inducing of--
(A) 1 to 5 aliens from 10 months to 30 months;
(B) 6 to 24 aliens from 18 months to 54 months;
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