(Sec. 2) Directs the United States Sentencing Commission to promulgate revised sentencing guidelines for alien smuggling-related activities so as to: (1) double specified minimum prison terms for smuggling, transporting, harboring, or inducement; (2) increase minimum fines; and (3) increase by at least two offense levels sentencing for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury or death. Exempts from such provisions offenses: (1) committed other than for profit; or (2) involving a defendant's spouse, child, or both.
(Sec. 3) Amends the Immigration and Nationality Act (Act) to exempt from specified alien smuggling or harboring criminal penalties persons rendering life threatening emergency assistance to an alien in the United States.
(Sec. 4) Directs the Commission to revise Federal sentencing guidelines to provide that plea bargaining and other prosecutorial policies, and district policy differences, are not a ground for sentence imposition outside applicable guidelines.
(Sec. 5) Amends Federal criminal law to subject specified alien smuggling and harboring crimes under the Act committed by an armed person to enhanced penalties.
(Sec. 6) Authorizes Service appropriations for alien smuggling-related undercover and enforcement activities.
(Sec. 7) Defines alien smuggling for certain purposes of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR E13)
Referred to the Subcommittee on Immigration and Claims.
Subcommittee Hearings Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-850.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-850.
Placed on the Union Calendar, Calendar No. 505.
Mr. Rogan moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H8694-8697)
DEBATE - The House proceeded with forty minutes of debate on H.R. 238.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8694)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8694)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate.