106TH CONGRESS
2D SESSION
H. R. 238
AN ACT
To improve the prevention and punishment of
criminal smuggling, transporting, and harboring
of aliens, and for other purposes.
106TH CONGRESS
2D SESSION
H. R. 238
AN ACT
To improve the prevention and punishment of criminal smug-
gling, transporting, and harboring of aliens, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives 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
2001, 2002, 2003, 2004, and 2005 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), pursu-
ant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Com-
mission 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 smug-
gling, 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 de-
fendant received or expected to receive as compensa-
tion 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 enhance-
ments for intentionally or recklessly creating a sub-
stantial risk of serious bodily injury or causing bod-
ily injury, serious injury, permanent or life threat-
ening 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 REN-
DERING EMERGENCY ASSISTANCE.
(a) IN GENERAL.—Section 274(a)(1) of the Immi-
gration 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 ac-
tions 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 com-
mitted after the termination of such 90-day period.
SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES RE-
GARDING 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:
‘‘§ 5H1.14. Plea bargaining and other prosecutorial
policies.
‘‘Plea bargaining and other prosecutorial policies,
and differences in those policies among different districts,