[Congressional Bills 103th Congress]
[From the U.S. Government Publishing 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),''.

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