‘‘(2) In a prosecution for a violation of this section, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(A) as soon as practicable upon reaching 
shore, delivered the person with respect to which the 
necessity arose to emergency medical or law enforce-
ment personnel, 
‘‘(B) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity re-
sulting giving rise to the defense; and 
‘‘(C) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien, 
as that term is defined in section 101(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1101 
(a)(3)), into the land territory of the United States 
without 
lawful 
authority, 
unless 
exigent 
cir-
cumstances existed that placed the life of a person 
on the vessel in danger, in which case the reporting 
requirement of subparagraph (B) is satisfied by no-
tifying the Coast Guard as soon as practicable after 
delivering that person to emergency medical or law 
enforcement personnel ashore.’’. 
(c) DEFINITION.—Section 2237(e) of title 18, United 
States Code, is amended— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) the term ‘transportation under inhumane 
conditions’ means the transportation of persons in 
an engine compartment, storage compartment, or 
other confined space, transportation at an excessive 
speed, transportation of a number of persons in ex-
cess of the rated capacity of the means of transpor-
tation, or intentionally grounding a vessel in which 
persons are being transported.’’. 
SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, and in accord-
ance with this section, the United States Sentencing Com-
mission shall review and, if appropriate, amend the sen-
tencing guidelines and policy statements applicable to per-
sons convicted of alien smuggling offenses and criminal 
failure to heave to or obstruction of boarding. 
(b) CONSIDERATIONS.—In carrying out this sub-
section, the Sentencing Commission, shall— 
(1) consider providing sentencing enhancements 
or stiffening existing enhancements for those con-
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victed of offenses described in paragraph (1) of this 
subsection that— 
(A) involve a pattern of continued and fla-
grant violations; 
(B) are part of an ongoing commercial or-
ganization or enterprise; 
(C) involve aliens who were transported in 
groups of 10 or more; 
(D) involve the transportation or abandon-
ment of aliens in a manner that endangered 
their lives; or 
(E) involve the facilitation of terrorist ac-
tivity; and 
(2) consider cross-references to the guidelines 
for Criminal Sexual Abuse and Attempted Murder. 
(c) EXPEDITED
PROCEDURES.—The Commission 
may promulgate the guidelines or amendments under this 
subsection in accordance with the procedures set forth in 
section 21(a) of the Sentencing Act of 1987, as though 
the authority under that Act had not expired. 
Æ 
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