[Congressional Record (Bound Edition), Volume 155 (2009), Part 7]
[House]
[Pages 9226-9230]
[From the U.S. Government Publishing Office, www.gpo.gov]




          ALIEN SMUGGLING AND TERRORISM PREVENTION ACT OF 2009

  Ms. JACKSON-LEE of Texas. Madam Speaker, I move to suspend the rules 
and pass the bill (H.R. 1029) to amend the Immigration and Nationality 
Act and title 18, United States Code, to combat the crime of alien 
smuggling and related activities, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1029

       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 and 
     Terrorism Prevention Act of 2009''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Alien smuggling by land, air and sea is a transnational 
     crime that violates the integrity of United States borders, 
     compromises our Nation's sovereignty, places the country at 
     risk of terrorist activity, and contravenes the rule of law.
       (2) Aggressive enforcement activity against alien smuggling 
     is needed to protect our borders and ensure the security of 
     our Nation. The border security and anti-smuggling efforts of 
     the men and women on the Nation's front line of defense are 
     to be commended. Special recognition is due the Department of 
     Homeland Security through the United States Border Patrol, 
     United States Coast Guard, Customs and Border Protection, and 
     Immigration and Customs Enforcement, and the Department of 
     Justice through the Federal Bureau of Investigation.
       (3) The law enforcement community must be given the 
     statutory tools necessary to address this security threat. 
     Only through effective alien smuggling statutes can the 
     Justice Department, through the United States Attorneys' 
     Offices and the Domestic Security Section of the Criminal 
     Division, prosecute these cases successfully.
       (4) Alien smuggling has a destabilizing effect on border 
     communities. State and local law enforcement, medical 
     personnel, social service providers, and the faith community 
     play important roles in combating smuggling and responding to 
     its effects.
       (5) Existing penalties for alien smuggling are insufficient 
     to provide appropriate punishment for alien smugglers.
       (6) Existing alien smuggling laws often fail to reach the 
     conduct of alien smugglers, transporters, recruiters, guides, 
     and boat captains.
       (7) Existing laws concerning failure to heave to are 
     insufficient to appropriately punish boat operators and crew 
     who engage in the reckless transportation of aliens on the 
     high seas and seek to evade capture.
       (8) Much of the conduct in alien smuggling rings occurs 
     outside of the United States. Extraterritorial jurisdiction 
     is needed to ensure that smuggling rings can be brought to 
     justice for recruiting, sending, and facilitating the 
     movement of those who seek to enter the United States without 
     lawful authority.
       (9) Alien smuggling can include unsafe or recklessly 
     dangerous conditions that expose individuals to particularly 
     high risk of injury or death.

     SEC. 3. CHECKS AGAINST TERRORIST WATCHLIST.

       The Secretary of Homeland Security shall, to the extent 
     practicable, check against all available terrorist watchlists 
     those persons suspected of alien smuggling and smuggled 
     individuals who are interdicted at the land, air, and sea 
     borders of the United States.

     SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN 
                   SMUGGLERS.

       Section 274(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)) is amended--
       (1) by amending the subsection heading to read as follows: 
     ``Bringing In, Harboring, and Smuggling of Unlawful and 
     Terrorist Aliens.--'';
       (2) by amending paragraphs (1) through (2) to read as 
     follows:
       ``(1)(A) Whoever, knowing or in reckless disregard of the 
     fact that an individual is an alien who lacks lawful 
     authority to come to,

[[Page 9227]]

     enter, or reside in the United States, knowingly--
       ``(i) brings that individual to the United States in any 
     manner whatsoever regardless of any future official action 
     which may be taken with respect to such individual;
       ``(ii) recruits, encourages, or induces that individual to 
     come to, enter, or reside in the United States;
       ``(iii) transports or moves that individual in the United 
     States, in furtherance of their unlawful presence; or
       ``(iv) harbors, conceals, or shields from detection the 
     individual in any place in the United States, including any 
     building or any means of transportation;

     or attempts or conspires to do so, shall be punished as 
     provided in subparagraph (C).
       ``(B) Whoever, knowing that an individual is an alien, 
     brings that individual to the United States in any manner 
     whatsoever at a place, other than a designated port of entry 
     or place designated by the Secretary of Homeland Security, 
     regardless of whether such individual has received prior 
     official authorization to come to, enter, or reside in the 
     United States and regardless of any future official action 
     which may be taken with respect to such individual, or 
     attempts or conspires to do so, shall be punished as provided 
     in subparagraph (C).
       ``(C) Whoever commits an offense under this paragraph 
     shall, for each individual in respect to whom such a 
     violation occurs--
       ``(i) if the offense results in the death of any person, be 
     fined under title 18, United States Code, and subject to the 
     penalty of death or imprisonment for any term of years or for 
     life;
       ``(ii) if the offense involves kidnapping, an attempt to 
     kidnap, the conduct required for aggravated sexual abuse (as 
     defined in section 2241 of title 18, United States Code, 
     without regard to where it takes place), or an attempt to 
     commit such abuse, or an attempt to kill, be fined under 
     title 18, United States Code, or imprisoned for any term of 
     years or life, or both;
       ``(iii) if the offense involves an individual who the 
     defendant knew was engaged in or intended to engage in 
     terrorist activity (as defined in section 212(a)(3)(B)), be 
     fined under title 18, United States Code, or imprisoned not 
     more than 30 years, or both;
       ``(iv) if the offense results in serious bodily injury (as 
     defined in section 1365 of title 18, United States Code) or 
     places in jeopardy the life of any person, be fined under 
     title 18, United States Code, or imprisoned not more than 20 
     years, or both;
       ``(v) if the offense is a violation of paragraph (1)(A)(i) 
     and was committed for the purpose of profit, commercial 
     advantage, or private financial gain, or if the offense was 
     committed with the intent or reason to believe that the 
     individual unlawfully brought into the United States will 
     commit an offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, be fined 
     under title 18, United States Code, and imprisoned, in the 
     case of a first or second violation, not less than 3 nor more 
     than 10 years, and for any other violation, not less than 5 
     nor more than 15 years;
       ``(vi) if the offense is a violation of paragraphs 
     (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
     committed for the purpose of profit, commercial advantage, or 
     private financial gain, be fined under title 18, United 
     States Code, or imprisoned not more than 10 years, or both;
       ``(vii) if the offense involves the transit of the 
     defendant's spouse, child, sibling, parent, grandparent, or 
     niece or nephew, and the offense is not described in any of 
     clauses (i) through (vi), be fined under title 18, United 
     States Code, or imprisoned not more than 1 year, or both; and
       ``(viii) in any other case, be fined under title 18, United 
     States Code, or imprisoned not more than 5 years, or both.
       ``(2)(A) There is extraterritorial jurisdiction over the 
     offenses described in paragraph (1).
       ``(B) In a prosecution for a violation of, or an attempt or 
     conspiracy to violate, subsection (a)(1)(A)(i), 
     (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no 
     defense based on necessity can be raised unless the 
     defendant--
       ``(i) as soon as practicable, reported to the Coast Guard 
     the circumstances of the necessity, and if a rescue is 
     claimed, the name, description, registry number, and location 
     of the vessel engaging in the rescue; and
       ``(ii) did not bring, attempt to bring, or in any manner 
     intentionally facilitate the entry of any alien into the land 
     territory of the United States without lawful authority, 
     unless exigent circumstances existed that placed the life of 
     that alien in danger, in which case the reporting requirement 
     set forth in clause (i) is satisfied by notifying the Coast 
     Guard as soon as practicable after delivering the alien to 
     emergency medical or law enforcement personnel ashore.
       ``(C) It is not a violation of, or an attempt or conspiracy 
     to violate, clause (iii) or (iv) of paragraph (1)(A), or 
     paragraph (1)(A)(ii) (except if a person recruits, 
     encourages, or induces an alien to come to or enter the 
     United States), for a religious denomination having a bona 
     fide nonprofit, religious organization in the United States, 
     or the agents or officer of such denomination or 
     organization, to encourage, invite, call, allow, or enable an 
     alien who is present in the United States to perform the 
     vocation of a minister or missionary for the denomination or 
     organization in the United States as a volunteer who is not 
     compensated as an employee, notwithstanding the provision of 
     room, board, travel, medical assistance, and other basic 
     living expenses, provided the minister or missionary has been 
     a member of the denomination for at least one year.
       ``(D) For purposes of this paragraph and paragraph (1)--
       ``(i) the term `United States' means the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the United States Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States; and
       ``(ii) the term `lawful authority' means permission, 
     authorization, or waiver that is expressly provided for in 
     the immigration laws of the United States or the regulations 
     prescribed under those laws and does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority that has been sought but not approved.''.

     SEC. 5. MARITIME LAW ENFORCEMENT.

       (a) Penalties.--Subsection (b) of section 2237 of title 18, 
     United States Code, is amended to read as follows:
       ``(b) Whoever intentionally violates this section shall--
       ``(1) if the offense results in death or involves 
     kidnapping, an attempt to kidnap, the conduct required for 
     aggravated sexual abuse (as defined in section 2241 without 
     regard to where it takes place), or an attempt to commit such 
     abuse, or an attempt to kill, be fined under such title or 
     imprisoned for any term of years or life, or both;
       ``(2) if the offense results in serious bodily injury (as 
     defined in section 1365 of this title) or transportation 
     under inhumane conditions, be fined under this title, 
     imprisoned not more than 15 years, or both;
       ``(3) if the offense is committed in the course of a 
     violation of section 274 of the Immigration and Nationality 
     Act (alien smuggling); chapter 77 (peonage, slavery, and 
     trafficking in persons), section 111 (shipping), 111A 
     (interference with vessels), 113 (stolen property), or 117 
     (transportation for illegal sexual activity) of this title; 
     chapter 705 (maritime drug law enforcement) of title 46, or 
     title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 
     220), be fined under this title or imprisoned for not more 
     than 10 years, or both; and
       ``(4) in any other case, be fined under this title or 
     imprisoned for not more than 5 years, or both.''.
       (b) Limitation on Necessity Defense.--Section 2237(c) of 
     title 18, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(c)'';
       (2) by adding at the end the following:
       ``(2) In a prosecution for a violation of this section, no 
     defense based on necessity can be raised unless the 
     defendant--
       ``(A) as soon as practicable upon reaching shore, delivered 
     the person with respect to which the necessity arose to 
     emergency medical or law enforcement personnel;
       ``(B) as soon as practicable, reported to the Coast Guard 
     the circumstances of the necessity resulting giving rise to 
     the defense; and
       ``(C) did not bring, attempt to bring, or in any manner 
     intentionally facilitate the entry of any alien, as that term 
     is defined in section 101(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1101 (a)(3)), into the land 
     territory of the United States without lawful authority, 
     unless exigent circumstances existed that placed the life of 
     that alien in danger, in which case the reporting requirement 
     of subparagraph (B) is satisfied by notifying the Coast Guard 
     as soon as practicable after delivering that person to 
     emergency medical or law enforcement personnel ashore.''.
       (c) Definition.--Section 2237(e) of title 18, United States 
     Code, is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) the term `transportation under inhumane conditions' 
     means the transportation of persons in an engine compartment, 
     storage compartment, or other confined space, transportation 
     at an excessive speed, transportation of a number of persons 
     in excess of the rated capacity of the means of 
     transportation, or intentionally grounding a vessel in which 
     persons are being transported.''.

     SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission shall 
     review and, if appropriate, amend the sentencing guidelines 
     and policy statements applicable to persons convicted of 
     alien smuggling offenses and criminal failure to heave to or 
     obstruction of boarding.
       (b) Considerations.--In carrying out this section, the 
     Sentencing Commission, shall--
       (1) consider providing sentencing enhancements or 
     stiffening existing enhancements for those convicted of 
     offenses described in subsection (a) that--
       (A) involve a pattern of continued and flagrant violations;

[[Page 9228]]

       (B) are part of an ongoing commercial organization or 
     enterprise;
       (C) involve aliens who were transported in groups of 10 or 
     more;
       (D) involve the transportation or abandonment of aliens in 
     a manner that endangered their lives; or
       (E) involve the facilitation of terrorist activity; and
       (2) consider cross-references to the guidelines for 
     Criminal Sexual Abuse and Attempted Murder.
       (c) Expedited Procedures.--The Commission may promulgate 
     the guidelines or amendments under this section in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987, as though the authority under that 
     Act had not expired.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Jackson-Lee) and the gentleman from Utah (Mr. Chaffetz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.

                              {time}  1800


                             General Leave

  Ms. JACKSON-LEE of Texas. Madam Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON-LEE of Texas. I yield myself such time as I may consume.
  Madam Speaker, this legislation, sponsored by Baron Hill of Indiana, 
is particularly important to Texas, and I want to congratulate the 
gentleman for his foresight and his leadership. Maybe in his research 
he knows that just a few short years ago we lost a number of 
individuals, obviously smuggled for wrong reasons into Texas, who died 
in an overheated 18-wheeler. And so this is a legislative initiative 
that is long overdue.
  The legislation gives Federal prosecutors and agents stronger 
enforcement weapons against human smuggling in all its forms, including 
human trafficking and slavery, smuggling related to terrorism or 
espionage, and smuggling that involves kidnapping, rape, serious injury 
or death.
  The previous version of this bill passed the House in the last 
Congress 412-0.
  As I noted, in Texas, we see these losses regularly, including in our 
sister States, individuals dying who have been trafficked or smuggled, 
dying in the desert out of desperation and thirst. And as I indicated, 
the particular case that was so egregious in Texas, people smothered to 
death in an 18-wheeler in the heat of the summer.
  Like the previous bill, H.R. 1029 amends the alien smuggling 
provisions in the Immigration and Nationality Act, as well as the 
criminal provision for failure to ``heave to,'' to provide for 
extraterritorial jurisdiction, to increase maximum penalties for 
serious offenses, and to clarify the necessity defense that applies to 
legitimate maritime rescues.
  The bill also establishes for the first time in Federal law that it 
is a serious felony to transport persons under inhumane conditions, 
such as in an engine or storage compartment, or to intentionally run 
vessels ashore at high speed to escape apprehension. Those kinds of 
inhumane practices have resulted in death or serious injury to numerous 
alien passengers.
  The bill directs the Department of Homeland Security to check against 
all available terrorist watch lists those who are suspected of 
smuggling, as well as smuggled individuals who are interdicted at U.S. 
land, air and sea borders.
  I want to thank the gentleman for his foresight. As a member of the 
Homeland Security Committee as well, and a member of the committee, the 
chairperson of the committee that has oversight over the watch list, I 
know how important an act this is, that it further ensures the security 
of America.
  It provides tough penalties for the kind of serious smuggling 
offenses I have just described, while distinguishing those offenses 
from family reunification or humanitarian efforts, for which the 
penalties are appropriately severe.
  While strengthening the current offense language, the bill preserves 
important case law. For instance, it will remain a violation of Federal 
law not only to bring illegal aliens to the United States, but to bring 
any alien across the border through places other than those designated 
as official entry ports.
  This is especially critical as Congress mandates that the Department 
of Homeland Security institute biometric entry and exit systems. For an 
orderly and fair immigration system to work, people must come in 
through the designated sites. And certainly, I agree with the gentleman 
as we look toward fixing that broken system.
  Finally, the bill directs the Sentencing Commission to consider 
providing sentencing enhancements for particularly egregious offenses, 
smuggling aliens in a life-threatening manner, abandoning them in the 
desert or on a spit of land that will be submerged at high tide, or 
smuggling aliens to facilitate acts of terrorism.
  I commend Baron Hill for his leadership and his persistence on this 
bill. And I commend Chairman John Conyers and Ranking Member Lamar 
Smith of the Judiciary Committee, and Chairman Bennie Thompson and 
Ranking Member Peter King of the Homeland Security Committee for their 
work in improving this bill and making it a consensus, bipartisan 
measure.
  I would like to include in the Record at this point an exchange of 
letters between our two committees.
                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, March 27, 2009.
     Hon. John Conyers, Jr.,
     Chairman, Committee on the Judiciary, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Mr. Chairman: I am writing to you regarding H.R. 1029, 
     the ``Alien Smuggling and Terrorism Prevention Act of 2009,'' 
     introduced on February 12, 2009, by Congressman Baron P. 
     Hill. This legislation was initially referred to the 
     Committee on the Judiciary and, in addition, to the Committee 
     on Homeland Security.
       I recognize and appreciate your desire to bring this bill 
     before the House in an expeditious manner. Accordingly, I am 
     willing to waive further consideration of H.R. 1029. However, 
     agreeing to waive consideration of this bill should not be 
     construed as the Committee on Homeland Security waiving, 
     altering, or otherwise affecting its jurisdiction over H.R. 
     1029.
       Further, I request your support for the appointment of 
     Committee on Homeland Security conferees during any House-
     Senate conference convened on this or similar legislation. 
     Finally, I request that a copy of this letter be included in 
     the Congressional Record during floor consideration of H.R. 
     1029. I look forward to working with you on this legislation 
     and other matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, D.C., March 26, 2008.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding your 
     Committee's jurisdictional interest in H.R. 1029, the Alien 
     Smuggling and Terrorism Prevention Act of 2009.
       I appreciate your willingness to support expediting floor 
     consideration of this important legislation. I acknowledge 
     that H.R. 1029 contains provisions under the jurisdiction of 
     the Committee on Homeland Security. I understand and agree 
     that your willingness to waive further consideration of the 
     bill is without prejudice to your Committee's jurisdictional 
     interests in this or similar legislation in the future. In 
     the event a House-Senate conference on this or similar 
     legislation is convened, I would support your request for an 
     appropriate number of conferees.
       I will include a copy of your letter and this response in 
     the Congressional Record in the debate on the bill. Thank you 
     for your cooperation as we work towards enactment of this 
     legislation.
           Sincerely,
                                                John Conyers, Jr.,
                                                         Chairman.

  I urge my colleagues to support this important legislation.
  Mr. Speaker, this legislation, sponsored by Baron Hill of Indiana, 
gives Federal prosecutors and agents stronger enforcement weapons 
against human smuggling in all its forms, including human trafficking 
and slavery; smuggling related to terrorism or espionage; and smuggling 
that involves kidnaping, rape, serious injury, or death.

[[Page 9229]]

  The previous version of this bill passed the House in the last 
Congress unanimously, 412 to 0.
  Like the previous bill, H.R. 1029 amends the alien smuggling 
provisions in the Immigration and Nationality Act, as well as the 
criminal provision for failure to ``heave to,'' to provide for 
extraterritorial jurisdiction, to increase maximum penalties for 
serious offenses, and to clarify the necessity defense that applies to 
legitimate maritime rescues.
  The bill also establishes for the first time in Federal law that it 
is a serious felony to transport persons under inhumane conditions, 
such as in an engine or storage compartment, or to intentionally run 
vessels ashore at high speed to escape apprehension. Those kinds of 
inhumane practices have resulted in death or serious injury to numerous 
alien passengers.
  The bill directs the Department of Homeland Security to check against 
all available terrorist watch lists those who are suspected of 
smuggling, as well as smuggled individuals, who are interdicted at U.S. 
land, air, and sea borders.
  It provides tough penalties for the kind of serious smuggling 
offenses I've just described, while distinguishing those offenses from 
family reunification or humanitarian efforts, for which the penalties 
are appropriately less severe.
  While strengthening the current offense language, the bill preserves 
important case law. For instance, it will remain a violation of federal 
law not only to bring illegal aliens to the United States, but to bring 
any alien across the border through places other than those designated 
as official entry ports.
  This is especially critical as Congress mandates that the Department 
of Homeland Security institute biometric entry and exit systems. For an 
orderly and fair immigration system to work, people must come in 
through the designated sites.
  Finally, the bill directs the Sentencing Commission to consider 
providing sentencing enhancements for particularly egregious offenses--
smuggling aliens in a life-threatening manner, abandoning them in the 
desert or on a spit of land that will be submerged at high tide, or 
smuggling aliens to facilitate acts of terrorism.
  I commend Baron Hill for his leadership and persistence on this bill. 
And I commend Chairman John Conyers and Ranking Member Lamar Smith of 
the Judiciary Committee, and Chairman Bennie Thompson and Ranking 
Member Peter King of the Homeland Security Committee, for their work in 
improving this bill and making it a consensus, bipartisan measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Hill introduced H.R. 1029, the Alien Smuggling and Terrorism 
Prevention Act of 2009, which improves the Federal Government's ability 
to combat alien smuggling. I am a cosponsor of this legislation.
  But alien smuggling defines a group of crimes that involve the 
recruiting, transportation or harboring of an alien who does not have 
the lawful authority to be in the United States of America. This 
legislation is a direct response to the increasing concern of Federal 
prosecutors that the current alien smuggling statute is inadequate in 
the face of rampant alien smuggling and human trafficking by organized 
criminal syndicates.
  The current statute is a patchwork of amendments that does not 
provide the tough penalties necessary to punish these dangerous 
criminals and to deter the criminal organizations that dominate the 
smuggling world today. These organizations are increasingly 
sophisticated, international, profitable, and their means are ruthless 
and inhumane.
  For example, the recent media reports indicate kidnappings on the 
rise in Phoenix, Arizona. There were almost 370 reported kidnappings 
for ransom there last year. However, it is difficult to know how many 
kidnappings actually occurred because many kidnappings were not 
reported to law enforcement officials.
  Most of the kidnappings involve drug smugglers and human traffickers 
preying on one another. The kidnap victims are typically drug or alien 
smugglers or their family members who are taken by fellow criminals and 
held for ransom. These victims are inviting targets because they often 
have a lot of money, or can raise large sums of cash on short notice, 
and are unlikely to go to law enforcement.
  It may only be a matter of time before the kidnappers start targeting 
law-abiding citizens, so we must do more to deter, identify and arrest 
these alien smugglers.
  H.R. 1029 directs the Department of Homeland Security to check the 
names of alien smuggling suspects who have been interdicted at a land, 
air or sea border against all available terrorist watch lists.
  The bill also creates enhanced penalties for alien smuggling, 
including tough sentences for smuggling that results in serious bodily 
injury or death. Any person convicted of kidnapping, aggravated sexual 
abuse or an attempt to kill as part of an alien smuggling scheme will 
now face life in prison.
  H.R. 1029 imposes a penalty of up to 30 years imprisonment for 
smugglers who know that the alien they bring to the United States 
intends to engage in terrorist activities.
  Lastly, the bill amends the criminal statutes to add penalties for 
maritime offenses committed in the course of smuggling, trafficking, 
shipping, stolen property or drug trafficking.
  H.R. 1029 will help Federal law enforcement and prosecutors put alien 
smugglers behind bars and send a clear message that these criminal 
syndicates and the violence they pose to innocent civilians will not be 
tolerated.
  I urge my colleagues to support this bill, and I reserve the balance 
of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, it is my pleasure to now yield 
to the distinguished sponsor of the legislation, Mr. Baron Hill of 
Indiana, for such time as he might consume.
  Mr. HILL. Mr. Speaker, in the year 2007, I introduced the Alien 
Smuggling and Terrorism Prevention Act. And as has already been 
mentioned, it passed this House without any opposition, and it has 
bipartisan support.
  When I came to Congress, back to Congress, I should say, in the year 
2006, immigration was a very hot issue, and so I wanted to look at ways 
that we could provide Americans some relief. And one of the shocking 
things that I learned was the fact that if you smuggle an illegal alien 
in here, either against their will or willfully, it is only a 
misdemeanor, with a prison term for under 1 year and a small fine; and 
I didn't think that that was justified.
  As has already been mentioned here by Congresswoman Jackson-Lee, it 
passed overwhelmingly without opposition, and this year it does have, 
again, bipartisan support. The bill failed in the Senate. For whatever 
reason, the Senate did not pass it. That is the reason why I have 
introduced it again, and have bipartisan support.
  I'm glad that Representative Chaffetz is on the bill, and also the 
ranking member of the Judiciary Committee, Representative Lamar Smith.
  My bill, as has already been said, would significantly increase 
penalties against human smugglers and traffickers, raising the crime 
from a misdemeanor to a felony.
  Smugglers would see increased prison time if convicted of smuggling 
persons under inhumane conditions, or for the purpose of criminal 
exploitation, or in the event that they are smuggling someone into the 
United States with the intent to carry out acts of terror.
  In the case of serious bodily injury, rape or murder, the smuggler or 
trafficker could face upwards of life in prison.
  This bill serves two important goals. First, it holds those who 
smuggle and traffic persons into the United States responsible for 
their crimes. It is estimated that over 17,000 people are smuggled into 
the United States each year. These are people who are forced into awful 
situations against their will. Those found trafficking for those 
purposes deserve a fitting punishment, and my bill works to ensure that 
justice is served.
  Second, H.R. 1029 works to stem the flow of illegal immigration. I 
believe this bill will act as a deterrent for illegal alien smugglers 
and, therefore, greatly cut down on illegal immigration.
  I believe that we need to ensure that our Border Patrol and Coast 
Guard have the tools they need to keep our borders safe.
  This bill is critical in bolstering our economic and national 
security and,

[[Page 9230]]

therefore, I strongly urge the passage of H.R. 1029.
  Mr. CHAFFETZ. Mr. Speaker, I would just inquire as to how many more 
speakers.
  Ms. JACKSON-LEE of Texas. I have the right to close. I believe there 
are no more speakers.
  Mr. CHAFFETZ. I have no more speakers as well. I yield back the 
balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, again, I'd like to 
congratulate the gentleman from Indiana (Mr. Hill) for his leadership 
on this issue. This is a legislative initiative that really is long 
overdue. And I'd like to respond as well to the point that he made that 
was very, very succinct but also very, very potent about the need for 
comprehensive reform. He is right. As he returned to the United States 
Congress, it was an enormously vigorous debate. I believe some of the 
satellite hearings might have wound up in Indiana that were held by the 
U.S. House of Representatives.
  If we are to complement this legislation, we also need to engage in 
comprehensive immigration reform so there are laws that will govern the 
ingress and egress of individuals here in the United States. That is a 
very important statement and challenge that we have. And, therefore, as 
we move this legislation along and give a firm response of intolerance 
to those who would human traffic or engage in trafficking slaves, or to 
cause the loss of life or the dastardly treatment of individuals, we 
are making the statement that we will take it seriously and that they 
will be punished.
  In addition, I think it's very important that we complement this 
legislation with strong response to the violence at the border that has 
occurred due to drug cartels. I look forward to having the opportunity 
to present to our Judiciary Committee legislation that I will introduce 
on this issue of providing more resources for the, if you will, 
inhibiting and prohibiting the kind of dastardly violence that is 
occurring and providing the resources for DEA and ATF that I think are 
so very necessary.
  Mr. Speaker, again I want to congratulate Mr. Hill on this 
legislation, and I would enthusiastically urge my colleagues to support 
this important legislation.
  Mr. Speaker, I rise in support of H.R. 1029, ``Alien Smuggling and 
Terrorism Prevention Act of 2009.'' I want to thank my colleague 
Congressman Baron Hill of Indiana for introducing this resolution.
  Mr. Speaker, as a Member of the Committee on Homeland Security, and 
as a Member of the Subcommittee on Immigration, I have long been an 
outspoken leader on this issue. Alien smuggling is not only a threat to 
our national security, but it also diminishes the value of human lives, 
and as the world's moral leader we must take a tough stance against 
these horrific practices. In fact as part of the Save America Act, 
immigration legislation that I introduced, I address this very issue. 
My legislation would create a special class of aliens who act as 
informants to assist U.S. authorities in the prosecution and 
apprehension of alien smugglers. In special cases these individuals 
would receive permanent resident status if the information 
substantially led to a successful prosecution and apprehension of those 
involved in alien smuggling.
  A few years ago in Texas, prosecutors indicted 14 people who 
allegedly organized or facilitated the smuggling incident when a 
crowded trailer was found abandoned at a truck stop in Victoria, 100 
miles southwest of Houston, Texas. The 14 were charged with various 
counts of conspiracy to conceal or transport immigrants. Twelve could 
face the death penalty if prosecutors decide to pursue it. More than 70 
immigrants from Mexico, Central America, and the Dominican Republic 
were crammed into the tractor-trailer. Among the dead was a 5-year-old 
boy from Mexico. Seventeen immigrants died at the scene, and 2 others 
died later.
  My preference is to provide the Border Patrol with the additional 
agents, equipment, and resources it needs to secure the border. I have 
introduced legislation that would meet these needs by providing 
critical resources and support for the men and women who enforce our 
immigration, customs, and other laws. This would include adding 15,000 
Border Patrol agents over the next five years, increasing the number of 
agents from 11,000 to 26,000. It would require the Secretary of 
Homeland Security to respond rapidly to border crises by deploying up 
to 1,000 additional Border Patrol agents to a State when a border 
security emergency is declared by the Governor. It would add 100,000 
more detention beds to ensure that those who are apprehended entering 
the United States unlawfully are sent home instead of being released 
into our communities. And, it would provide critical equipment and 
infrastructure improvements, including additional helicopters, power 
boats, police-type vehicles, portable computers, reliable radio 
communications, hand-held GPS devices, body armor, and night-vision 
equipment.
  Mr. Speaker, I rise in strong support of this legislation for the 
following reasons. This bill makes a strong statement against alien 
smuggling while maintaining core Democratic principles. It is a tough 
yet fair approach to border security. It is a holistic anti-smuggling 
regime that reaches those who recruit aliens in their home countries, 
smuggle aliens across the land borders, or transport or harbor aliens 
in the United States.
  This legislation ensures border security. It recognizes the 
contribution of the Border Patrol, Coast Guard, Customs & Border 
Protection, Immigration & Customs Enforcement, FBI, Assistant United 
States Attorneys, and Department of Justice prosecutors who are on the 
front lines of interdiction and investigation of alien smugglers. It 
gives agents and prosecutors tools to address alien smuggling and 
terrorism by re-structuring the Alien Smuggling statutes.
  This legislation is tough on crime. It brings in new penalties of up 
to life in prison for rape, kidnapping, or attempted murder in the 
course of alien smuggling. H.R. 1029 revises the current statutes to 
provide stiff sentences for those who commit alien smuggling that 
facilitates terrorist activity, or those whose smuggling results in 
serious bodily injury or placing the life of another in jeopardy. It 
creates the first federal crime that recognizes transportation in 
inhumane conditions as a ground for an increased sentence.
  The Act recognizes the needs of the Coast Guard for effective 
maritime anti-smuggling tools, including tough penalties for those who 
do not heave to, and risk their passengers' lives by intentionally 
beaching their vessels at high speed in an attempt to discharge their 
human cargo. It directs the Sentencing Guidelines Commission to put 
``teeth'' into the statute by adopting sentencing enhancements for 
terrorism, moving large groups of aliens, or abandoning aliens in harsh 
conditions such as the desert or at sea. It maintains the current 
sentencing structure in which smuggling for profit or to facilitate a 
crime results in mandatory minimum sentences, and maintains the current 
sentencing structure in capital cases.
  Alien smuggling will not stop until we establish an immigration 
policy that substantially reduces the need for illegal entry into the 
United States.
  I urge my colleagues to support this legislation.
  I yield back my time.
  The SPEAKER pro tempore (Mr. Lujan). The question is on the motion 
offered by the gentlewoman from Texas (Ms. Jackson-Lee) that the House 
suspend the rules and pass the bill, H.R. 1029, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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