I 
108TH CONGRESS 
1ST SESSION H. R. 2630
To prevent commercial alien smuggling, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Ms. JACKSON-LEE of Texas (for herself, Mr. CONYERS, Mr. GUTIERREZ, Mr. 
REYES, Mr. RODRIGUEZ, Mr. GREEN of Texas, Mr. GONZALEZ, Mr. 
LAMPSON, Mr. FROST, Mr. GRIJALVA, Ms. SOLIS, Mr. SANDLIN, Mr. 
BECERRA, Ms. WATSON, Mr. MEEK of Florida, Ms. EDDIE BERNICE 
JOHNSON of Texas, Ms. LEE, Mr. HINCHEY, Mr. MEEKS of New York, 
Mr. MENENDEZ, Mr. BACA, Mr. ORTIZ, Ms. VELA´ZQUEZ, Mrs. 
NAPOLITANO, Mr. HONDA, Mr. SERRANO, Mr. HINOJOSA, Mr. FARR, Mr. 
BERMAN, Ms. LORETTA SANCHEZ of California, Ms. LINDA T. SA´NCHEZ 
of California, Mr. LEWIS of Georgia, Ms. MILLENDER-MCDONALD, Mr. 
MEEHAN, and Ms. LOFGREN) introduced the following bill; which was re-
ferred 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as—
(1) the ‘‘Commercial Alien Smuggling Elimi-
nation Act of 2003’’; or
(2) the ‘‘CASE Act of 2003’’. 
SEC. 2. NEW CLASS OF NONIMMIGRANT ALIENS. 
(a) IN GENERAL.—Section 101(a)(15)(S) of the Im-
migration 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 Se-
curity, 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 sup-
plied such information to a Federal or 
State court; and 
‘‘(III) whose presence in the United 
States the Secretary of Homeland Secu-
rity, the Secretary of State, or the Attor-
ney General determines is essential to the 
success of an authorized criminal investiga-
tion, the successful prosecution of an indi-
vidual involved in the commercial alien
smuggling organization or enterprise, or 
the disruption of such organization or en-
terprise,’’; 
(4) by inserting ‘‘, or with respect to clause 
(iii), the Secretary of Homeland Security, the Sec-
retary 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 non-
immigrants 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 Sec-
retary 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 sta-
tus pursuant to such section, must be protected, such offi-
cial 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 PERMA-
NENT 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 para-
graph (5); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) If, in the opinion of the Secretary of Homeland 
Security, the Secretary of State, or the Attorney Gen-
eral—
‘‘(A) a nonimmigrant admitted into the United 
States under section 101(a)(15)(S)(iii) has supplied 
information described in subclause (I) of such sec-
tion; and 
‘‘(B) the provision of such information has sub-
stantially contributed to the success of a commercial 
alien smuggling investigation, the disruption of a 
commercial alien smuggling operation, or the pros-
ecution 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 per-
manent 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 Sec-
retary 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 com-
mercial 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 Immi-
gration 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 dis-
cretion 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 infor-
mation or testimony leading to—
‘‘(A) the arrest or conviction of any indi-
vidual 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 indi-
vidual committing such an act; 
‘‘(C) the arrest or conviction of any indi-
vidual aiding or abetting the commission of 
such an act; 
‘‘(D) the prevention, frustration, or favor-
able resolution of such an act, including the dis-
mantling of a commercial alien smuggling orga-
nization in whole or in significant part; or 
‘‘(E) the identification or location of an in-
dividual who holds a key leadership position in 
a commercial alien smuggling operation involv-
ing 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 du-
ties, furnishes information described in paragraph 
(4) shall not be eligible for a reward under this sub-
section 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 indi-
vidual, 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, ex-
cept as personally authorized by the Secretary 
of Homeland Security if such Secretary deter-
mines, in consultation, as appropriate, with the 
Attorney General and the Secretary of State, 
that the offer or payment of an award of a larg-
er amount is necessary to combat a commercial 
alien smuggling operation involving the trans-
portation 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 person-
ally approved by the Secretary of Homeland Se-
curity. 
‘‘(C) CERTIFICATION FOR PAYMENT.—Any 
reward granted under this subsection shall be 
certified for payment by the Secretary of Home-
land Security.’’. 
(c) OUTREACH PROGRAM.—Section 274 of the Immi-
gration 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 Home-
land Security, in consultation, as appropriate, with the At-
torney 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, disrup-
tion, or prosecution of a commercial smuggling oper-
ation.’’.
Æ