[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 993 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 993
To improve the prevention and punishment of criminal smuggling,
transporting, and harboring of aliens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 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 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)).
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