IB
Union Calendar No. 505
106TH CONGRESS
2D SESSION
H. R. 238
[Report No. 106–850]
To amend section 274 of the Immigration and Nationality Act to impose
mandatory minimum sentences, and increase certain sentences, for bring-
ing in and harboring certain aliens and to amend title 18, United
States Code, to provide enhanced penalties for persons committing such
offenses while armed.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. ROGAN introduced the following bill; which was referred to the Committee
on the Judiciary
SEPTEMBER 14, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 6, 1999]
A BILL
To amend section 274 of the Immigration and Nationality
Act to impose mandatory minimum sentences, and in-
crease certain sentences, for bringing in and harboring
certain aliens and to amend title 18, United States Code,
to provide enhanced penalties for persons committing
such offenses while armed.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MANDATORY MINIMUM SENTENCES FOR BRING-
ING IN AND HARBORING CERTAIN ALIENS.
Section 274(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1324(a)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘A person’’
and inserting ‘‘Except as provided in subparagraphs
(C) and (D), a person’’; and
(2) by adding at the end the following:
‘‘(C)(i) Except as provided in clauses (ii) and (iii),
a person who violates subparagraph (A) shall, for each alien
in respect to whom such a violation occurs—
‘‘(I) in the case of a violation of clause (i), (ii),
(iii), or (iv) of subparagraph (A) in which the offense
was done for the purpose of commercial advantage or
financial gain, be fined under title 18, United States
Code, imprisoned not less than 2 years nor more than
10 years, or both;
‘‘(II) in the case of a violation of subparagraph
(A)(v) in which the offense was done for the purpose
of commercial advantage or financial gain, be fined
under title 18, United States Code, imprisoned not
less than 1 year nor more than 5 years, or both;
‘‘(III) in the case of a violation of subparagraph
(A) in which the offense was done for the purpose of
commercial advantage or financial gain and during
and in relation to which the person causes serious
bodily injury (as defined in section 1365 of title 18,
United States Code) to, or places in jeopardy the life
of, any person, be fined under title 18, United States
Code, imprisoned not less than 5 years nor more than
25 years, or both; and
‘‘(IV) in the case of a violation of subparagraph
(A) in which the offense was done for the purpose of
commercial advantage or financial gain and resulting
in the death of any person, be punished by death or
imprisoned for any term of years or for life (but not
less than 20 years), fined under title 18, United
States Code, or both.
‘‘(ii) In the case of a violation of subparagraph (A)
in which the offense was done for the purpose of commercial
advantage or financial gain after 1 prior conviction for any
other such violation of subparagraph (A) has become final,
the minimum term of imprisonment shall be not less than
two times the minimum term specified in clause (i).
‘‘(iii) In the case of a violation of subparagraph (A)
in which the offense was done for the purpose of commercial
advantage or financial gain after 2 or more prior convic-
tions for any other such violations of subparagraph (A)
have become final, the minimum term of imprisonment
shall be not less than five times the minimum term specified
in clause (i).
‘‘(D) 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.’’.
SEC. 2. ENHANCED PENALTIES FOR PERSONS COMMITTING
OFFENSES WHILE ARMED.
Section 924(c)(1) of title 18, United States Code, is
amended—
(1) in subparagraph (A)—
(A) by inserting after ‘‘device)’’ the fol-
lowing: ‘‘or any violation of section 274(a)(1)(A)
of the Immigration and Nationality Act’’; and
(B) by striking ‘‘or drug trafficking
crime—’’ and inserting ‘‘, drug trafficking
crime, or violation of section 274(a)(1)(A) of the
Immigration and Nationality Act—’’; and
(2) in subparagraph (D)(ii), by striking ‘‘or
drug trafficking crime’’ and inserting ‘‘, drug traf-
ficking crime, or violation of section 274(a)(1)(A) of
the Immigration and Nationality Act’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect 90
days after the date of the enactment of this Act, and shall
apply to offenses committed after the termination of such
90-day period.
Union Calendar No. 505
106TH CONGRESS
2D SESSION
H. R. 238
[Report No. 106–850]
A BILL
To amend section 274 of the Immigration and Na-
tionality Act to impose mandatory minimum sen-
tences, and increase certain sentences, for bring-
ing in and harboring certain aliens and to amend
title 18, United States Code, to provide enhanced
penalties for persons committing such offenses
while armed.
SEPTEMBER 14, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed