[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 238 Engrossed in House (EH)]


  2d Session

                               H. R. 238

_______________________________________________________________________

                                 AN ACT

    To improve the prevention and punishment of criminal smuggling, 
     transporting, and harboring of aliens, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 238

_______________________________________________________________________

                                 AN ACT


 
    To improve the prevention and punishment of criminal smuggling, 
     transporting, and harboring of aliens, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASED PERSONNEL FOR INVESTIGATING AND COMBATING ALIEN 
              SMUGGLING.

    The Attorney General in each of the fiscal years 2001, 2002, 2003, 
2004, and 2005 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. 2. INCREASING CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.

    (a) In General.--Subject to subsection (b), 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 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 two offense levels above the 
        applicable enhancement in effect on the date of the 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.
    (b) Exceptions.--Subsection (a) shall not apply to an offense 
that--
            (1) was committed other than for profit; or
            (2) involved the smuggling, transporting, or harboring only 
        of the defendant's spouse or child (or both the defendant's 
        spouse and child).

SEC. 3. ELIMINATION OF PENALTY ON PERSONS RENDERING EMERGENCY 
              ASSISTANCE.

    (a) In General.--Section 274(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end 
the following:
    ``(C) In no case may any penalty for a violation of subparagraph 
(A) be imposed on any person based on actions taken by the person to 
render emergency assistance to an alien found physically present in the 
United States in life threatening circumstances.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date of the enactment of this Act, and 
shall apply to offenses committed after the termination of such 90-day 
period.

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. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.

    (a) In General.--Section 924(c)(1) of title 18, United States Code, 
is amended--
            (1) in subparagraph (A)--
                    (A) by inserting after ``device)'' the following: 
                ``or any violation of section 274(a)(1)(A) of the 
                Immigration and Nationality Act''; and
                    (B) by striking ``or drug trafficking crime--'' and 
                inserting ``, drug trafficking crime, or violation of 
                section 274(a)(1)(A) of the Immigration and Nationality 
                Act--''; and
            (2) in subparagraph (D)(ii), by striking ``or drug 
        trafficking crime'' and inserting ``, drug trafficking crime, 
        or violation of section 274(a)(1)(A) of the Immigration and 
        Nationality Act''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 90 days after the date of the enactment of this Act, and 
shall apply to offenses committed after the termination of such 90-day 
period.

SEC. 6. 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 1 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 1.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.

SEC. 7. ALIEN SMUGGLING DEFINED.

    In sections 1 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)).

            Passed the House of Representatives October 3, 2000.

            Attest:

                                                                 Clerk.