II 

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.

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 ‘‘Human Trafficking 

5 and Smuggling Penalty Enhancement Act of 2004’’. 

6 SEC. 2. ENHANCED PENALTIES FOR SLAVERY AND ALIEN 

7 SMUGGLING. 

8 (a) DEATH RESULTING FROM SLAVERY.—Chapter 

9 77 of title 18, United States Code, is amended— 
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1 (1) in section 1581(a), by striking ‘‘or if’’ and 

2 inserting ‘‘the defendant shall be fined under this 

3 title, punished by death or imprisonment for any 

4 term of years or for life, or both. If’’; 

5 (2) in section 1583, by striking ‘‘or if’’ and in6 serting ‘‘the defendant shall be fined under this title, 

7 punished by death or imprisonment for any term of 

8 years or for life, or both. If’’; 

9 (3) in section 1584, by striking ‘‘or if’’ and in10 serting ‘‘the defendant shall be fined under this title, 

11 punished by death or imprisonment for any term of 

12 years or for life, or both. If’’; 

13 (4) in section 1589, by striking ‘‘or if’’ and in14 serting ‘‘the defendant shall be fined under this title, 

15 punished by death or imprisonment for any term of 

16 years or for life, or both. If’’; 

17 (5) in section 1590, by striking ‘‘or if’’ and in18 serting ‘‘the defendant shall be fined under this title, 

19 punished by death or imprisonment for any term of 

20 years or for life, or both. If’’; and 

21 (6) in section 1591(b)— 

22 (A) by redesignating paragraphs (1) and 

23 (2) as paragraphs (2) and (3), respectively; and 
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1 (B) by inserting before paragraph (2), as 

2 redesignated by subparagraph (A), the fol3 lowing: 

4 ‘‘(1) if the offense resulted in the death of the 

5 victim, a fine under this title, death or imprisonment 

6 for any term of years or for life, or both;’’. 

7 (b) ALIEN SMUGGLING.—Section 274(a) of the Im8 migration and Nationality Act (8 U.S.C. 1324(a)) is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (A)— 

12 (i) by amending clause (i) to read as 

13 follows: 

14 ‘‘(i) knowing or in reckless disregard of the fact 

15 that a person is an alien, brings or attempts to bring 

16 to the United States in any manner whatsoever such 

17 person at a place other than a designated port of 

18 entry or a place designated by the Under Secretary 

19 for Border and Transportation Security, regardless 

20 of— 

21 ‘‘(I) whether such alien has received prior 

22 official authorization to come to, enter, or re23 side in the United States; 
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1 ‘‘(II) whether the person bringing or at2 tempting to bring such alien to the United 

3 States intended to violate any criminal law; or 

4 ‘‘(III) any future official action which may 

5 be taken with respect to such alien;’’; 

6 (ii) in clause (iv), by striking ‘‘or’’ at 

7 the end; 

8 (iii) in clause (v)— 

9 (I) in subclause (I), by striking 

10 ‘‘, or’’ and inserting a semicolon; 

11 (II) in subclause (II), by striking 

12 the comma and inserting ‘‘; or’’; and 

13 (III) by inserting after subclause 

14 (II) the following: 

15 ‘‘(III) attempts to commit any of the preceding 

16 acts; or’’; and 

17 (iv) by inserting after clause (v) the 

18 following: 

19 ‘‘(vi) knowing or in reckless disregard of the 

20 fact that a person is an alien, causes or attempts to 

21 cause such alien to be transported or moved across 

22 an international boundary, knowing that such trans23 portation or moving is part of such alien’s effort to 

24 enter or attempt to enter the United States without 

25 prior official authorization,’’; and 
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1 (B) in subparagraph (B)— 

2 (i) in clause (i)— 

3 (I) by striking ‘‘subparagraph 

4 (A)(i) or (v)(I)’’ and inserting ‘‘clause 

5 (i), (v)(I), or (vi) of subparagraph 

6 (A)’’; and 

7 (II) by striking ‘‘10 years’’ and 

8 inserting ‘‘20 years’’; 

9 (ii) in clause (ii)— 

10 (I) by striking ‘‘subparagraph 

11 (A) (ii), (iii), (iv), or (v)(II)’’ and in12 serting ‘‘clause (ii), (iii), (iv), or 

13 (v)(II) of subparagraph (A)’’; and 

14 (II) by striking ‘‘5 years’’ and in15 serting ‘‘10 years’’; and 

16 (iii) in clause (iii)— 

17 (I) by striking ‘‘subparagraph 

18 (A) (i), (ii), (iii), (iv), or (v)’’ and in19 serting ‘‘subparagraph (A)’’; and 

20 (II) by striking ‘‘20 years’’ and 

21 inserting ‘‘35 years’’; 

22 (2) in paragraph (2)— 

23 (A) in the matter preceding subparagraph 

24 (A)— 
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1 (i) by inserting ‘‘, or facilitates or at2 tempts to facilitate the bringing or trans3 porting,’’ after ‘‘attempts to bring’’; and 

4 (ii) by inserting ‘‘and regardless of 

5 whether the person bringing or attempting 

6 to bring such alien to the United States in7 tended to violate any criminal law,’’ after 

8 ‘‘with respect to such alien’’; and 

9 (B) in subparagraph (B)— 

10 (i) in clause (i), by striking the 

11 comma at the end and inserting a semi12 colon; 

13 (ii) in clause (ii), by striking ‘‘, or’’ 

14 and inserting a semicolon; 

15 (iii) in clause (iii), by striking the 

16 comma at the end and inserting ‘‘; or’’; 

17 (iv) by inserting after clause (iii), the 

18 following: 

19 ‘‘(iv) an offense committed with knowledge 

20 or reason to believe that the alien unlawfully 

21 brought to or into the United States has en22 gaged in or intends to engage in terrorist activ23 ity (as defined in section 212(a)(3)(B)(iv)),’’; 

24 and 
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1 (v) in the matter following clause (iv), 

2 as added by this subparagraph, by striking 

3 ‘‘3 nor more than 10 years’’ and inserting 

4 ‘‘5 years and not more than 20 years’’; 

5 and 

6 (3) in paragraph (3)(A), by striking ‘‘5 years’’ 

7 and inserting ‘‘10 years’’. 

8 SEC. 3. AMENDMENT TO SENTENCING GUIDELINES RELAT9 ING TO ALIEN SMUGGLING OFFENSES. 

10 (a) DIRECTIVE TO UNITED STATES SENTENCING

11 COMMISSION.—Pursuant to its authority under section 

12 994(p) of title 18, United States Code, and in accordance 

13 with this section, the United States Sentencing Commis14 sion shall review and, as appropriate, amend the Federal 

15 Sentencing Guidelines and related policy statements to im16 plement the provisions of this Act. 

17 (b) REQUIREMENTS.—In carrying out this section, 

18 the United States Sentencing Commission shall— 

19 (1) ensure that the Sentencing Guidelines and 

20 Policy Statements reflect— 

21 (A) the serious nature of the offenses and 

22 penalties referred to in this Act; 

23 (B) the growing incidence of alien smug24 gling offenses; and 
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1 (C) the need to deter, prevent, and punish 

2 such offenses; 

3 (2) consider the extent to which the Sentencing 

4 Guidelines and Policy Statements adequately ad5 dress whether the guideline offense levels and en6 hancements for violations of the sections amended 

7 by this Act— 

8 (A) sufficiently deter and punish such of9 fenses; and 

10 (B) adequately reflect the enhanced pen11 alties established under this Act; 

12 (3) maintain reasonable consistency with other 

13 relevant directives and sentencing guidelines; 

14 (4) account for any additional aggravating or 

15 mitigating circumstances that might justify excep16 tions to the generally applicable sentencing ranges; 

17 (5) make any necessary conforming changes to 

18 the Sentencing Guidelines; and 

19 (6) ensure that the Sentencing Guidelines ade20 quately meet the purposes of sentencing under sec21 tion 3553(a)(2) of title 18, United States Code.

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