[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 255 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 255

     To prevent commercial alien smuggling, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2005

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To prevent commercial 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. SHORT TITLE.

    This Act may be cited as--
            (1) the ``Commercial Alien Smuggling Elimination Act of 
        2005''; or
            (2) the ``CASE Act of 2005''.

SEC. 2. 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. 3. 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.''.

SEC. 4. BRINGING IN AND HARBORING CERTAIN ALIENS.

    (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; and
            ``(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.''.
    (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) In general.--There is established in the Department 
        of Homeland Security a program for the payment of rewards to 
        carry out the purposes of this section.
            ``(2) Purpose.--The rewards program shall be designed to 
        assist in the elimination of commercial alien smuggling 
        involving the transportation of aliens in groups of 10 or 
        more--
                    ``(A) in a manner that endangers their lives; or
                    ``(B) who present a life-threatening health risk to 
                people in the United States.
            ``(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 commercial 
                alien smuggling involving the transportation of aliens 
                in groups of 10 or more--
                            ``(i) in a manner that endangers their 
                        lives; or
                            ``(ii) who present a life-threatening 
                        health risk to people in the United States;
                    ``(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 
                a commercial 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 a 
                commercial alien smuggling operation involving the 
                transportation of aliens in groups of 10 or more--
                            ``(i) in a manner that endangers their 
                        lives; or
                            ``(ii) who present a life-threatening 
                        health risk to people in the United States.
            ``(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 
                commercial alien smuggling operation involving the 
                transportation of aliens in groups of 10 or more--
                            ``(i) in a manner that endangers their 
                        lives; or
                            ``(ii) who present a life-threatening 
                        health risk to people in the United States.
                    ``(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 
        for assisting in the investigation, disruption, or prosecution 
        of a commercial smuggling operation.''.
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