[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 957 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 957

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2001

  Mr. Keller introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    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 2002, 2003, 2004, 
2005, and 2006 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 section 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).
                                 <all>