The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S11494-S11496 on Sept. 27, 1999.
The publication is reproduced in full below:
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 of 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.
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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 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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