II

106TH CONGRESS

1ST SESSION S. 1644

To provide additional measures for the prevention and punishment of alien

smuggling, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27, 1999

Mr. ABRAHAM (for himself, Mr. SCHUMER, Mrs. FEINSTEIN, and Mr. KYL)

introduced the following bill; which was read twice and referred to the

Committee on the Judiciary

A BILL

To provide additional measures for the prevention and

punishment of alien smuggling, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Alien Smuggling Pre5 vention and Enforcement Act of 1999’’.

6 SEC. 2. INCREASED PERSONNEL FOR INVESTIGATING AND

7 COMBATING ALIEN SMUGGLING.

8 The Attorney General in each of the fiscal years

9 2000, 2001, 2002, 2003, and 2004 shall increase the

10 number of positions for full-time, active duty investigators
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1 or other enforcement personnel within the Immigration

2 and Naturalization Service who are assigned to combating

3 alien smuggling by not less than 50 positions above the

4 number of such positions for which funds were allotted

5 for the preceding fiscal year.

6 SEC. 3. INCREASING CRIMINAL SENTENCES AND FINES FOR

7 ALIEN SMUGGLING.

8 Pursuant to its authority under section 994(p) of title

9 28, United States Code, the United States Sentencing

10 Commission shall promulgate sentencing guidelines or

11 amend existing sentencing guidelines for smuggling, trans12 porting, harboring, or inducing aliens under sections

13 274(a)(1)(A) of the Immigration and Nationality Act (8

14 U.S.C. 1324(a)(1)(A)) so as to—

15 (1) double the minimum term of imprisonment

16 under that section for offenses other than those cur17 rently covered by guideline 2L1.1(b)(1) involving the

18 smuggling, transporting, harboring, or inducing of—

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

20 months;

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

22 months;

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

24 months; and
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1 (D) 101 aliens or more from 37 months to

2 74 months;

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

4 of the offenses described in subparagraphs (A)

5 through (D) of paragraph (1) to the greater of the

6 current minimum level or twice the amount the de7 fendant received or expected to receive as compensa8 tion for the illegal activity; and

9 (3) increase by at least 2 offense levels above

10 the applicable enhancement in effect on the date of

11 enactment of this Act the sentencing enhancements

12 for intentionally or recklessly creating a substantial

13 risk of serious bodily injury or causing bodily injury,

14 serious injury, permanent or life threatening injury,

15 or death.

16 SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES RE17 GARDING THE EFFECT OF PROSECUTORIAL

18 POLICIES.

19 In the exercise of its authority under section 994 of

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

21 Commission shall amend the Federal sentencing guidelines

22 to include the following:
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1 ‘‘§ 5H1.14. Plea bargaining and other prosecutorial

2 policies.

3 ‘‘Plea bargaining and other prosecutorial policies,

4 and differences in those policies among different districts,

5 are not a ground for imposing a sentence outside the ap6 plicable guidelines range.’’.

7 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

9 available for such purpose, there are authorized to be ap10 propriated to the Immigration and Naturalization Service

11 of the Department of Justice such sums as may be nec12 essary to carry out section 2 and to cover the operating

13 expenses of the Service and the Department in conducting

14 undercover investigations of alien smuggling activities and

15 in prosecuting violations of section 274(a)(1)(A) of the

16 Immigration and Nationality Act (relating to alien smug17 gling), resulting from the increase in personnel under sec18 tion 2.

19 (b) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to subsection (a) are authorized to re21 main available until expended.

22 SEC. 6. ANNUAL REPORT.

23 Beginning one year after the date of enactment of

24 this Act, and annually thereafter, the Attorney General

25 shall submit to the Judiciary Committees of the House

26 of Representatives and the Senate a report on the strategy
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1 utilized by the Immigration and Naturalization Service in

2 dealing with alien smuggling.

3 SEC. 7. ALIEN SMUGGLING DEFINED.

4 In sections 2, 5, and 6, the term ‘‘alien smuggling’’

5 means any act prohibited by paragraph (1) or (2) of sec6 tion 274(a) of the Immigration and Nationality Act (8

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

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