Improved Immigration Law Enforcement Act of 1993

Summary: Improved Immigration Law Enforcement Act of 1993 - Increases FY 1994 personnel levels and funding for the Border Patrol and support personnel levels for the Immigration and Naturalization Service (INS). 
Provides for inservice training to familiarize Border Patrol personnel with the rights and varied cultural backgrounds of aliens and citizens.  Authorizes FY 1994 appropriations. 
Increases FY 1994 personnel levels in: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor, and assigns such additional personnel to areas with high concentrations of undocumented aliens; and (2) the Investigations Division within INS, and assigns such additional personnel to investigate violations of the employer sanctions provisions of the Immigration and Nationality Act (the Act). 
Increases for FY 1994 the number of Assistant United States Attorney positions, and assigns such additional personnel to prosecute persons who harbor or bring into the United States illegal aliens. 
Amends the Act to increase penalties for harboring or bringing into the United States aliens for profit (but specifies that mere employment of an individual by itself shall not be deemed to constitute harboring). 
Expresses the sense of the Senate that the Attorney General and the Secretary of State should initiate programs with Mexico and Canada to prevent and prosecute the smuggling of aliens into the United States.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Immigration Law Enforcement 
Act of 1993''.

SEC. 2. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL.

    The number of full-time positions in the Border Patrol of the 
Department of Justice for fiscal year 1994 shall be increased to 6,600.

SEC. 3. INCREASED FUNDING FOR THE BORDER PATROL.

    In addition to funds otherwise available for such purposes, there 
are authorized to be appropriated to the Attorney General $50,000,000 
for the fiscal year 1993, which amount shall be available only for 
equipment, support services, and initial training for the Border 
Patrol. Funds appropriated pursuant to this section are authorized to 
remain available until expended.

SEC. 4. INSERVICE TRAINING FOR THE BORDER PATROL.

    (a) Requirement.--Section 103 of the Immigration and Nationality 
Act (8 U.S.C. 1103) is amended by adding at the end the following new 
subsection:
    ``(e)(1) The Attorney General shall continue to provide for such 
programs of inservice training for full-time and part-time personnel of 
the Border Patrol in contact with the public as will familiarize the 
personnel with the rights and varied cultural backgrounds of aliens and 
citizens in order to ensure and safeguard the constitutional and civil 
rights, personal safety, and human dignity of all individuals, aliens 
as well as citizens, within the jurisdiction of the United States with 
whom they have contact in their work.
    ``(2) The Attorney General shall provide that the annual report of 
the Service include a description of steps taken to carry out paragraph 
(1).''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $1,000,000 for fiscal year 1994 to 
carry out the inservice training described in section 103(e) of the 
Immigration and Nationality Act. The funds appropriated pursuant to 
this subsection are authorized to remain available until expended.

SEC. 5. INCREASE IN I.N.S. SUPPORT PERSONNEL.

    In order to provide support for the increased personnel levels of 
the border patrol authorized in section 2, the number of full-time 
support positions for investigation, detention and deportation, 
intelligence, information and records, legal proceedings, and 
management and administration in the Immigration and Naturalization 
Service shall be increased by 580 positions above the number of 
equivalent positions as of September 30, 1992.

SEC. 6. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.

    (a) In General.--The number of full-time positions in the Wage and 
Hour Division with the Employment Standards Administration of the 
Department of Labor for the fiscal year 1994 shall be increased by 250 
positions above the number of equivalent positions available to the 
Wage and Hour Division as of September 30, 1992.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of wage and hour laws in areas where the Attorney General 
has notified the Secretary of Labor that there are high concentrations 
of undocumented aliens.

SEC. 7. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS PROVISIONS.

    (a) In General.--The number of full-time positions in the 
Investigations Division within the Immigration and Naturalization 
Service of the Department of Justice for the fiscal year 1994 shall be 
increased by 250 positions above the number of equivalent positions 
available to such Division as of September 30, 1992.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of the employer sanctions provisions contained in section 
274A of the Immigration and Nationality Act, including investigating 
reports of violations received from officers of the Employment 
Standards Administration of the Department of Labor.

SEC. 8. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

    (a) In General.--The number of Assistant United States Attorneys 
that may be employed by the Department of Justice for the fiscal year 
1994 shall be increased by 21 above the number of Assistant United 
States Attorneys that could be employed as of September 30, 1992.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be specially trained to be 
used for the prosecution of persons who bring into the United States or 
harbor illegal aliens, fraud, and other criminal statutes involving 
illegal aliens.

SEC. 9. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Subsection 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in paragraph (1), by striking ``five years'' and 
        inserting ``10 years (or 20 years in the case of an offense 
        described in paragraph (3))'', and
            (2) by adding at the end the following new paragraph:
            ``(3) For purposes of paragraph (1), an offense described 
        in this paragraph if--
                    ``(A) the offense involves 5 or more aliens;
                    ``(B) the offense involves other criminal activity;
                    ``(C) one or more of the aliens referred to in 
                paragraph (1) were under the age of 18 at the time of 
                the offense and the offense was committed either for 
                the purpose of illegal adoption or for the purpose of 
                sexual or commercial exploitation; or
                    ``(D) the offense involves the dangerous, inhumane 
                treatment, or death of, or serious bodily injury to, an 
                alien referred to in paragraph (1).''.

SEC. 10. CHANGES IN CRIMINAL PENALTIES FOR BRINGING IN ALIENS.

    Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) 
is amended--
            (1) in subsection (a)(2), by inserting before the period at 
        the end thereof the following: ``, except that a person who 
        commits an offense under subparagraph (B)(ii) shall be fined in 
        accordance with that title, or imprisoned not more than 10 
        years, or both'', and
            (2) by adding at the end thereof the following new 
        subsection:
    ``(d) For purposes of this section, the mere employment of an 
individual (including the usual and normal practices incident to 
employment) by itself shall not be deemed to constitute harboring.''.

SEC. 11. NEGOTIATIONS WITH MEXICO AND CANADA.

    It is the sense of the Congress that--
            (1) the Attorney General, jointly with the Secretary of 
        State, should initiate discussions with Mexico and Canada to 
        establish formal bilateral programs with those countries to 
        prevent and to prosecute the smuggling of undocumented aliens 
        into the United States;
            (2) not later than one year after the date of enactment of 
        this Act, the Attorney General shall report to the Congress the 
        progress made in establishing such programs; and
            (3) in any such program established under this Act, major 
        emphasis should be placed on deterring and prosecuting persons 
        involved in the organized and continued smuggling of 
        undocumented aliens.