[Congressional Record (Bound Edition), Volume 145 (1999), Part 16]
[Senate]
[Pages 22680-22682]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. COCHRAN (for himself and Mr. Dodd):
  S. 1642. A bill to amend part F of title X of the Elementary and 
Secondary Education Act of 1965 to improve and refocus civic education, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.


                    the education for democracy act

  Mr. COCHRAN. Mr. President, today I am introducing the Education for 
Democracy Act. I am pleased that the distinguished Senator from 
Connecticut (Mr. Dodd) has joined me as a cosponsor to reauthorize and 
improve existing federally supported civic education programs.
  ``We the People . . . The Citizen and the Constitution,'' has proven 
to be an excellent curriculum and a successful program for teaching the 
principles of the Constitution.
  Since 1985, the Center for Civic Education has administered the 
program. It is a rigorous course designed for high school civics 
classes that provides teacher training using a national network of law 
professionals as well as other community and business leaders.
  The most visible component of We the People, is the simulated 
Congressional hearings which are competitions at local, state and 
national levels. The final round of this annual competition is held in 
an actual United States Senate or House of Representatives hearing 
room, here in the Nation's Capital.
  The popularity of We the People is demonstrated by the 82,000 
teachers and the 26.5 million students who have participated since its 
beginning. Studies by the Education Testing Service have repeatedly 
indicated that We the People participants outperform other students in 
every area tested. In one, We the People high school students outscored 
university sophomore and junior political science students in every 
topic.
  A Stanford University study showed that these students develop a 
stronger attachment to political beliefs, attitudes and values 
essential to a functioning democracy than most adults and other 
students. Other studies reveal that We the People students are more 
likely to register to vote and more likely to assume roles of 
leadership, responsibility and demonstrate civic virtue.
  Mr. President, in addition to We the People, this bill reauthorizes 
the Civitas International Civic Education Exchange Program, which in 
cooperation with the United States Information Agency, links American 
civic educators with their counterparts in Eastern Europe and the 
states of the former Soviet Union. This program is highly effective in 
building a community with a common understanding of teaching and 
improving the state of democracy education, worldwide.
  Mississippi recently became the latest state to participate in this 
important international exchange program. Jones County Junior College 
in Ellisville, Mississippi will partner with universities in Texas and 
Florida in an exchange with Hungary and other countries.
  Ms. Susie Burroughs, Mississippi's new Civic Education program 
director, is committed to a deeper understanding of democracy and 
assisting others who desire to teach the ways of a free society in the 
world's newest democracies. I am pleased that Mississippi teachers will 
join the more than 8,000 other teachers who have participated in the 
Civitas training and exchange opportunities.
  Mr. President, We the People and Civitas are preparing America's 
students and teachers to live and lead in the world by the standards 
and ideals set by our Founding Fathers.
  I invite other Senators to cosponsor and support the Education for 
Democracy Act.

[[Page 22681]]


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      By Mr. ABRAHAM (for himself, Mr. Schumer, and Mrs. Feinstein):
  S. 1644. A bill to provide additional measures for the prevention and 
punishment of alien smuggling, and for other purposes; to the Committee 
on the Judiciary.


             alien smuggling prevention and enforcement act

  Mr. ABRAHAM. Mr. President, I rise to introduce the Alien Smuggling 
Prevention and Enforcement Act. This legislation, which I am 
introducing with my colleagues, Senator Schumer and Senator Feinstein, 
will give law enforcement new tools and resources in the continuing 
fight against the smuggling of illegal aliens.
  Despite continued efforts, Mr. President, alien smuggling remains a 
serious problem in America. Smugglers have responded to increases in 
the efforts of our border patrol by adopting more daring methods to 
smuggle individuals illegally into the United States. In many cases, 
these methods entail little or no concern for the safety of the 
individuals being smuggled. Moreover, these attempts increasingly 
involve organized criminal gangs. As recently as 1996, in the Illegal 
Immigration Reform and Immigrant Responsibility Act, Congress has acted 
to combat this dangerous form of smuggling. But it is clear that more 
needs to be done.
  I would like to quote from a story appearing in the August 15, 1999 
edition of the Detroit News. This story sums up well our current 
situation, demonstrating that we face a problem of national importance: 
``Illegal alien smuggling is a growing yet largely hidden business 
along the U.S.-Canadian border. Smugglers are getting as much as 
$50,000 per person to bring in aliens desperate to reach the United 
States. Yet immigration authorities, short of personnel and detention 
facilities, can do little to slow the activity.'' The story goes on to 
quote Carl L. McClafferty, chief of the Detroit sector of the Border 
Patrol, who notes ``We get spurts of drug smuggling, but we have a 
constant drone of alien smuggling. For us, alien smuggling is steady 
work.''
  My state of Michigan has been hit particularly hard by alien 
smugglers. Crackdowns in other areas of the country have made Detroit 
in particular a target for illegal entry. We simply do not have the 
staff on hand with the tools and resources needed to successfully 
combat this problem. This means more illegal aliens in our country. It 
also produces an added boost to criminal gang activities and all the 
problems these activities bring with them. And that, Mr. President, is 
why I am introducing this legislation.
  The Alien Smuggling Prevention and Enforcement Act would do the 
following.
  First, it would double the personnel devoted to combating alien 
smuggling. Today, Mr. President, approximately 260 people are employed 
by the Immigration and Naturalization Service (INS) to investigate and 
fight alien smuggling. This figure has not risen in the past three 
years. This legislation would require the INS to add 50 more 
investigators and other enforcement personnel each year over the next 5 
years, each of them devoted to combating alien smuggling.
  Second, this legislation would double criminal sentences for alien 
smugglers. Under U.S. Sentencing Commission guidelines, the current 
minimum sentence for smuggling one to five aliens is 10 months; for 
smuggling 6-24 aliens the minimum sentence is 18 months; for 25-100 
aliens it's 27 months; and for more than 100 aliens it's 37 months. 
Simply put, those sentences are not high enough to deter this heinous 
conduct. Nor are they severe enough, in moral terms, as punishment for 
acts involving intentional breaking of American law and the serious 
risk of injury and death to innocent parties and those being smuggled. 
This legislation would direct the U.S. Sentencing Commission to double 
the relevant sentences to 20 months, 36 months 54 months, and 74 
months, respectively.
  Third, this legislation would increase fines for those convicted of 
alien smuggling to twice the amount an alien smuggler received, or 
expected to receive, for his or her this illegal activity. Under U.S. 
Sentencing Commission guidelines, currently the minimum fine is $3,000 
for smuggling one to five aliens; for smuggling 6-24 aliens the fine is 
$4,000; for 25-100 aliens it's $6,000; and for more than 100 aliens 
it's $7,500. Again, that is simply not strict enough, particularly 
given the profits to be made from this illegal activity. This 
legislation would direct the U.S. Sentencing Commission to impose a 
fine above these minimum levels equal to twice the amount an alien 
smuggler received, or expected to receive, for his or her illegal 
activity.
  This legislation also would authorize additional operating expense 
money to conduct undercover operations and prosecute alien smuggling 
and require an annual report to Congress by the Commissioner of the INS 
on the agency's strategy to deal wit alien smuggling.
  Taken together, Mr. President, these measures will deter alien 
smuggling. By giving law enforcement personnel the tools they need to 
catch alien smugglers and seeing to it that they are punished as 
harshly as is called for by their crime, this legislation will help 
deter illegal immigration and deal a very real blow to criminal gang 
activity.
  I urge my colleagues to support this important legislation and ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1644

       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 ``Alien Smuggling Prevention 
     and Enforcement Act of 1999''.

     SEC. 2. INCREASED PERSONNEL FOR INVESTIGATING AND COMBATING 
                   ALIEN SMUGGLING.

       The Attorney General in each of the fiscal years 2000, 
     2001, 2002, 2003, and 2004 shall increase the number of 
     positions for full-time, active duty investigators or other 
     enforcement personnel within the Immigration and 
     Naturalization Service who are assigned to combating alien 
     smuggling by not less than 50 positions above the number of 
     such positions for which funds were allotted for the 
     preceding fiscal year.

     SEC. 3. INCREASING CRIMINAL SENTENCES AND FINES FOR ALIEN 
                   SMUGGLING.

       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) double the minimum term of imprisonment under that 
     section for offenses other than those currently covered by 
     guideline 2L1.1(b)(1) involving the smuggling, transporting, 
     harboring, or inducing of--
       (A) 1 to 5 aliens from 10 months to 20 months;
       (B) 6 to 24 aliens from 18 months to 36 months;
       (C) 25 to 100 aliens from 27 months to 54 months; and
       (D) 101 aliens or more from 37 months to 74 months;
       (2) increase the minimum level of fines for each of the 
     offenses described in subparagraphs (A) through (D) of 
     paragraph (1) to the greater of the current minimum level or 
     twice the amount the defendant received or expected to 
     receive as compensation for the illegal activity; and
       (3) increase by at least 2 offense levels above the 
     applicable enhancement in effect on the date of enactment of 
     this Act the sentencing enhancements for intentionally or 
     recklessly creating a substantial risk of serious bodily 
     injury or causing bodily injury, serious injury, permanent or 
     life threatening injury, or death.

     SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES REGARDING THE 
                   EFFECT OF PROSECUTORIAL POLICIES.

       In the exercise of its authority under section 994 of title 
     28, United States Code, the United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     include the following:

     ``Sec. 5H1.14. Plea bargaining and other prosecutorial 
       policies.

       ``Plea bargaining and other prosecutorial policies, and 
     differences in those policies among different districts, are 
     not a ground for imposing a sentence outside the applicable 
     guidelines range.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to funds otherwise available 
     for such purpose, there are authorized to be appropriated to 
     the Immigration and Naturalization Service of the

[[Page 22682]]

     Department of Justice such sums as may be necessary to carry 
     out section 2 and to cover the operating expenses of the 
     Service and the Department in conducting undercover 
     investigations of alien smuggling activities and in 
     prosecuting violations of section 274(a)(1)(A) of the 
     Immigration and Nationality Act (relating to alien 
     smuggling), resulting from the increase in personnel under 
     section 2.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.

     SEC. 6. ANNUAL REPORT.

       Beginning one year after the date of enactment of this Act, 
     and annually thereafter, the Attorney General shall submit to 
     the Judiciary Committees of the House of Representatives and 
     the Senate a report on the strategy utilized by the 
     Immigration and Naturalization Service in dealing with alien 
     smuggling.

     SEC. 7. ALIEN SMUGGLING DEFINED.

       In sections 2, 5, and 6, the term ``alien smuggling'' means 
     any act prohibited by paragraph (1) or (2) of section 274(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1324(a)).

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