[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2871 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 2871

   To provide for enhanced criminal penalties for crimes related to 
                      slavery and alien smuggling.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2004

 Mr. Graham of South Carolina (for himself and Mr. Cornyn) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for enhanced criminal penalties for crimes related to 
                      slavery and alien smuggling.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Trafficking and Smuggling 
Penalty Enhancement Act of 2004''.

SEC. 2. ENHANCED PENALTIES FOR SLAVERY AND ALIEN SMUGGLING.

    (a) Death Resulting From Slavery.--Chapter 77 of title 18, United 
States Code, is amended--
            (1) in section 1581(a), by striking ``or if'' and inserting 
        ``the defendant shall be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both. If'';
            (2) in section 1583, by striking ``or if'' and inserting 
        ``the defendant shall be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both. If'';
            (3) in section 1584, by striking ``or if'' and inserting 
        ``the defendant shall be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both. If'';
            (4) in section 1589, by striking ``or if'' and inserting 
        ``the defendant shall be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both. If'';
            (5) in section 1590, by striking ``or if'' and inserting 
        ``the defendant shall be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both. If''; and
            (6) in section 1591(b)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively; and
                    (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A), the following:
            ``(1) if the offense resulted in the death of the victim, a 
        fine under this title, death or imprisonment for any term of 
        years or for life, or both;''.
    (b) Alien Smuggling.--Section 274(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by amending clause (i) to read as 
                        follows:
            ``(i) knowing or in reckless disregard of the fact that a 
        person is an alien, brings or attempts to bring to the United 
        States in any manner whatsoever such person at a place other 
        than a designated port of entry or a place designated by the 
        Under Secretary for Border and Transportation Security, 
        regardless of--
                    ``(I) whether such alien has received prior 
                official authorization to come to, enter, or reside in 
                the United States;
                    ``(II) whether the person bringing or attempting to 
                bring such alien to the United States intended to 
                violate any criminal law; or
                    ``(III) any future official action which may be 
                taken with respect to such alien;'';
                            (ii) in clause (iv), by striking ``or'' at 
                        the end;
                            (iii) in clause (v)--
                                    (I) in subclause (I), by striking 
                                ``, or'' and inserting a semicolon;
                                    (II) in subclause (II), by striking 
                                the comma and inserting ``; or''; and
                                    (III) by inserting after subclause 
                                (II) the following:
            ``(III) attempts to commit any of the preceding acts; or''; 
        and
                            (iv) by inserting after clause (v) the 
                        following:
            ``(vi) knowing or in reckless disregard of the fact that a 
        person is an alien, causes or attempts to cause such alien to 
        be transported or moved across an international boundary, 
        knowing that such transportation or moving is part of such 
        alien's effort to enter or attempt to enter the United States 
        without prior official authorization,''; and
                    (B) in subparagraph (B)--
                            (i) in clause (i)--
                                    (I) by striking ``subparagraph 
                                (A)(i) or (v)(I)'' and inserting 
                                ``clause (i), (v)(I), or (vi) of 
                                subparagraph (A)''; and
                                    (II) by striking ``10 years'' and 
                                inserting ``20 years'';
                            (ii) in clause (ii)--
                                    (I) by striking ``subparagraph (A) 
                                (ii), (iii), (iv), or (v)(II)'' and 
                                inserting ``clause (ii), (iii), (iv), 
                                or (v)(II) of subparagraph (A)''; and
                                    (II) by striking ``5 years'' and 
                                inserting ``10 years''; and
                            (iii) in clause (iii)--
                                    (I) by striking ``subparagraph (A) 
                                (i), (ii), (iii), (iv), or (v)'' and 
                                inserting ``subparagraph (A)''; and
                                    (II) by striking ``20 years'' and 
                                inserting ``35 years'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by inserting ``, or facilitates or 
                        attempts to facilitate the bringing or 
                        transporting,'' after ``attempts to bring''; 
                        and
                            (ii) by inserting ``and regardless of 
                        whether the person bringing or attempting to 
                        bring such alien to the United States intended 
                        to violate any criminal law,'' after ``with 
                        respect to such alien''; and
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking the comma at 
                        the end and inserting a semicolon;
                            (ii) in clause (ii), by striking ``, or'' 
                        and inserting a semicolon;
                            (iii) in clause (iii), by striking the 
                        comma at the end and inserting ``; or'';
                            (iv) by inserting after clause (iii), the 
                        following:
                    ``(iv) an offense committed with knowledge or 
                reason to believe that the alien unlawfully brought to 
                or into the United States has engaged in or intends to 
                engage in terrorist activity (as defined in section 
                212(a)(3)(B)(iv)),''; and
                            (v) in the matter following clause (iv), as 
                        added by this subparagraph, by striking ``3 nor 
                        more than 10 years'' and inserting ``5 years 
                        and not more than 20 years''; and
            (3) in paragraph (3)(A), by striking ``5 years'' and 
        inserting ``10 years''.

SEC. 3. AMENDMENT TO SENTENCING GUIDELINES RELATING TO ALIEN SMUGGLING 
              OFFENSES.

    (a) Directive to United States Sentencing Commission.--Pursuant to 
its authority under section 994(p) of title 18, United States Code, and 
in accordance with this section, the United States Sentencing 
Commission shall review and, as appropriate, amend the Federal 
Sentencing Guidelines and related policy statements to implement the 
provisions of this Act.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the Sentencing Guidelines and Policy 
        Statements reflect--
                    (A) the serious nature of the offenses and 
                penalties referred to in this Act;
                    (B) the growing incidence of alien smuggling 
                offenses; and
                    (C) the need to deter, prevent, and punish such 
                offenses;
            (2) consider the extent to which the Sentencing Guidelines 
        and Policy Statements adequately address whether the guideline 
        offense levels and enhancements for violations of the sections 
        amended by this Act--
                    (A) sufficiently deter and punish such offenses; 
                and
                    (B) adequately reflect the enhanced penalties 
                established under this Act;
            (3) maintain reasonable consistency with other relevant 
        directives and sentencing guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (5) make any necessary conforming changes to the Sentencing 
        Guidelines; and
            (6) ensure that the Sentencing Guidelines adequately meet 
        the purposes of sentencing under section 3553(a)(2) of title 
        18, United States Code.
                                 <all>