I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. INCREASED PERSONNEL FOR INVESTIGATING

4 AND COMBATING ALIEN SMUGGLING.

5 The Attorney General in each of the fiscal years

6 2002, 2003, 2004, 2005, and 2006 shall increase the

7 number of positions for full-time, active duty investigators

8 or other enforcement personnel within the Immigration

9 and Naturalization Service who are assigned to combating

10 alien smuggling by not less than 50 positions above the
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1 number of such positions for which funds were allotted

2 for the preceding fiscal year.

3 SEC. 2. INCREASING CRIMINAL SENTENCES AND FINES FOR

4 ALIEN SMUGGLING.

5 (a) IN GENERAL.—Subject to subsection (b), pursu6 ant to its authority under section 994(p) of title 28,

7 United States Code, the United States Sentencing Com8 mission shall promulgate sentencing guidelines or amend

9 existing sentencing guidelines for smuggling, transporting,

10 harboring, or inducing aliens under sections 274(a)(1)(A)

11 of the Immigration and Nationality Act (8 U.S.C.

12 1324(a)(1)(A)) so as to—

13 (1) double the minimum term of imprisonment

14 under that section for offenses involving the smug15 gling, transporting, harboring, or inducing of—

16 (A) 1 to 5 aliens from 10 months to 20

17 months;

18 (B) 6 to 24 aliens from 18 months to 36

19 months;

20 (C) 25 to 100 aliens from 27 months to 54

21 months; and

22 (D) 101 aliens or more from 37 months to

23 74 months;

24 (2) increase the minimum level of fines for each

25 of the offenses described in subparagraphs (A)
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1 through (D) of paragraph (1) to the greater of the

2 current minimum level or twice the amount the de3 fendant received or expected to receive as compensa4 tion for the illegal activity; and

5 (3) increase by at least two offense levels above

6 the applicable enhancement in effect on the date of

7 the enactment of this Act the sentencing enhance8 ments for intentionally or recklessly creating a sub9 stantial risk of serious bodily injury or causing bod10 ily injury, serious injury, permanent or life threat11 ening injury, or death.

12 (b) EXCEPTIONS.—Subsection (a) shall not apply to

13 an offense that—

14 (1) was committed other than for profit; or

15 (2) involved the smuggling, transporting, or

16 harboring only of the defendant’s spouse or child (or

17 both the defendant’s spouse and child).

18 SEC. 3. ELIMINATION OF PENALTY ON PERSONS REN19 DERING EMERGENCY ASSISTANCE.

20 (a) IN GENERAL.—Section 274(a)(1) of the Immi21 gration and Nationality Act (8 U.S.C. 1324(a)(1)) is

22 amended by adding at the end the following:

23 ‘‘(C) In no case may any penalty for a violation of

24 subparagraph (A) be imposed on any person based on ac25 tions taken by the person to render emergency assistance
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1 to an alien found physically present in the United States

2 in life threatening circumstances.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect 90 days after the date of

5 the enactment of this Act, and shall apply to offenses com6 mitted after the termination of such 90-day period.

7 SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES RE8 GARDING THE EFFECT OF PROSECUTORIAL

9 POLICIES.

10 In the exercise of its authority under section 994 of

11 title 28, United States Code, the United States Sentencing

12 Commission shall amend the Federal sentencing guidelines

13 to include the following:

14 ‘‘§ 5H1.14. Plea bargaining and other prosecutorial

15 policies

16 ‘‘Plea bargaining and other prosecutorial policies,

17 and differences in those policies among different districts,

18 are not a ground for imposing a sentence outside the ap19 plicable guidelines range.’’.

20 SEC. 5. ENHANCED PENALTIES FOR PERSONS COMMITTING

21 OFFENSES WHILE ARMED.

22 (a) IN GENERAL.—Section 924(c)(1) of title 18,

23 United States Code, is amended—

24 (1) in subparagraph (A)—
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1 (A) by inserting after ‘‘device)’’ the fol2 lowing: ‘‘or any violation of section

3 274(a)(1)(A) of the Immigration and Nation4 ality Act’’; and

5 (B) by striking ‘‘or drug trafficking

6 crime—’’ and inserting ‘‘, drug trafficking

7 crime, or violation of section 274(a)(1)(A) of

8 the Immigration and Nationality Act—’’; and

9 (2) in subparagraph (D)(ii), by striking ‘‘or

10 drug trafficking crime’’ and inserting ‘‘, drug traf11 ficking crime, or violation of section 274(a)(1)(A) of

12 the Immigration and Nationality Act’’.

13 (b) EFFECTIVE DATE.—The amendments made by

14 subsection (a) shall take effect 90 days after the date of

15 the enactment of this Act, and shall apply to offenses com16 mitted after the termination of such 90-day period.

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—In addition to funds otherwise

19 available for such purpose, there are authorized to be ap20 propriated to the Immigration and Naturalization Service

21 of the Department of Justice such sums as may be nec22 essary to carry out section 1 and to cover the operating

23 expenses of the Service and the Department in conducting

24 undercover investigations of alien smuggling activities and

25 in prosecuting violations of section 274(a)(1)(A) of the
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1 Immigration and Nationality Act (relating to alien smug2 gling), resulting from the increase in personnel under sec3 tion 1.

4 (b) AVAILABILITY OF FUNDS.—Amounts appro5 priated pursuant to subsection (a) are authorized to re6 main available until expended.

7 SEC. 7. ALIEN SMUGGLING DEFINED.

8 In sections 1 and 6, the term ‘‘alien smuggling’’

9 means any act prohibited by paragraph (1) or (2) of sec10 tion 274(a) of the Immigration and Nationality Act (8

11 U.S.C. 1324(a)).

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