Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN
SMUGGLING OR DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c), by striking ``or section 1992
(relating to wrecking trains)'' and inserting ``section 1992
(relating to wrecking trains), a felony violation of section
1028 (relating to production of false identification
documentation), section 1425 (relating to the procurement of
citizenship or nationalization unlawfully), section 1426
(relating to the reproduction of naturalization or
citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers), section 1541 (relating
to passport issuance without authority), section 1542
(relating to false statements in passport applications),
section 1543 (relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or section
1546 (relating to fraud and misuse of visas, permits, and
other documents)'';
(2) by striking ``or'' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following new
paragraph:
``(m) a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324, 1327, or
1328) (relating to the smuggling of aliens);''.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.
Section 1961(1) of title 18, United States Code, as amended
by section 433 of Public Law 104-132, is amended--
(1) by striking ``if the act indictable under section 1028
was committed for the purpose of financial gain'';
(2) by inserting ``section 1425 (relating to the
procurement of citizenship or nationalization unlawfully),
section 1426 (relating to the reproduction of naturalization
or citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers),'' after ``section 1344
(relating to financial institution fraud),'';
(3) by striking ``if the act indictable under section 1542
was committed for the purpose of financial gain'';
(4) by striking ``if the act indictable under section 1543
was committed for the purpose of financial gain'';
(5) by striking ``if the act indictable under section 1544
was committed for the purpose of financial gain''; and
(6) by striking ``if the act indictable under section 1546
was committed for the purpose of financial gain''.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8
U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the
case of a violation of subparagraph (A)(ii), (iii), or (iv)
in which the offense was done for the purpose of commercial
advantage or private financial gain'' after ``subparagraph
(A)(i)''.
(b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a))
is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the comma at the end of clause (iv) and
inserting ``; or''; and
(C) by adding at the end the following new clause:
``(v)(I) engages in any conspiracy to commit any of the
preceding acts, or
``(II) aids or abets the commission of any of the preceding
acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or (v)(I)'' after
``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)'' and inserting
``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or (iv)'' and inserting
``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)'' and inserting
``(iv), or (v)'';
(3) in paragraph (2)(B), by striking ``be fined'' and all
that follows and inserting the following: ``be fined under
title 18, United States Code, and shall be imprisoned, in the
case of a first or second violation of subparagraph (B)(iii),
not more than 10 years, in the case of a first or second
violation of subparagraph (B)(i) or (B)(ii), not less than 3
nor more than 10 years, and for any other violation, not less
than 5 nor more than 15 years.''; and
(4) by adding at the end the following new paragraph:
``(3)(A) Any person who, during any 12-month period,
knowingly hires for employment at least 10 individuals with
actual knowledge that the individuals are aliens described in
subparagraph (B) shall be fined under title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(B) An alien described in this subparagraph is an alien
who--
``(i) is an unauthorized alien (as defined in section
274A(h)(3)), and
``(ii) has been brought into the United States in violation
of this subsection.''.
(c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i)
of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended
to read as follows:
[[Page H11793]]
``(i) an offense committed with the intent or with reason
to believe that the alien unlawfully brought into the United
States will commit an offense against the United States or
any State punishable by imprisonment for more than 1 year,''.
(d) Applying Certain Penalties on a Per Alien Basis.--
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by
striking ``for each transaction constituting a violation of
this paragraph, regardless of the number of aliens involved''
and inserting ``for each alien in respect to whom a violation
of this paragraph occurs''.
(e) Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall promulgate sentencing guidelines
or amend existing sentencing guidelines for offenders
convicted of offenses related to smuggling, transporting,
harboring, or inducing aliens in violation of section 274(a)
(1)(A) or (2) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A), (2)(B)) in accordance with this
subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses described in
paragraph (1)--
(A) increase the base offense level for such offenses at
least 3 offense levels above the applicable level in effect
on the date of the enactment of this Act;
(B) review the sentencing enhancement for the number of
aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the
sentencing enhancement by at least 50 percent above the
applicable enhancement in effect on the date of the enactment
of this Act;
(C) impose an appropriate sentencing enhancement upon an
offender with 1 prior felony conviction arising out of a
separate and prior prosecution for an offense that involved
the same or similar underlying conduct as the current
offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category;
(D) impose an additional appropriate sentencing enhancement
upon an offender with 2 or more prior felony convictions
arising out of separate and prior prosecutions for offenses
that involved the same or similar underling conduct as the
current offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category;
(E) impose an appropriate sentencing enhancement on a
defendant who, in the course of committing an offense
described in this subsection--
(i) murders or otherwise causes death, bodily injury, or
serious bodily injury to an individual;
(ii) uses or brandishes a firearm or other dangerous
weapon; or
(iii) engages in conduct that consciously or recklessly
places another in serious danger of death or serious bodily
injury;
(F) consider whether a downward adjustment is appropriate
if the offense is a first offense and involves the smuggling
only of the alien's spouse or child; and
(G) consider whether any other aggravating or mitigating
circumstances warrant upward or downward sentencing
adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(f) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES
ATTORNEYS.
(a) In General.--The number of Assistant United States
Attorneys employed by the Department of Justice for the
fiscal year 1997 shall be increased by at least 25 above the
number of Assistant United States Attorneys that were
authorized to be employed as of September 30, 1996.
(b) Assignment.--Individuals employed to fill the
additional positions described in subsection (a) shall
prosecute persons who bring into the United States or harbor
illegal aliens or violate other criminal statutes involving
illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) In General.--Title II is amended by adding at the end
the following new section:
``undercover investigation authority
``Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
``(1) sums appropriated for the Service may be used for
leasing space within the United States and the territories
and possessions of the United States without regard to the
following provisions of law:
``(A) section 3679(a) of the Revised Statutes (31 U.S.C.
1341),
``(B) section 3732(a) of the Revised Statutes (41 U.S.C.
11(a)),
``(C) section 305 of the Act of June 30, 1949 (63 Stat.
396; 41 U.S.C. 255),
``(D) the third undesignated paragraph under the heading
`Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40
U.S.C. 34),
``(E) section 3648 of the Revised Statutes (31 U.S.C.
3324),
``(F) section 3741 of the Revised Statutes (41 U.S.C. 22),
and
``(G) subsections (a) and (c) of section 304 of the Federal
Property and Administrative Services Act of 1949 (63 Stat.
395; 41 U.S.C. 254 (a) and (c));
``(2) sums appropriated for the Service may be used to
establish or to acquire proprietary corporations or business
entities as part of an undercover operation, and to operate
such corporations or business entities on a commercial basis,
without regard to the provisions of section 304 of the
Government Corporation Control Act (31 U.S.C. 9102);
``(3) sums appropriated for the Service, and the proceeds
from the undercover operation, may be deposited in banks or
other financial institutions without regard to the provisions
of section 648 of title 18, United States Code, and of
section 3639 of the Revised Statutes (31 U.S.C. 3302); and
``(4) the proceeds from the undercover operation may be
used to offset necessary and reasonable expenses incurred in
such operation without regard to the provisions of section
3617 of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any
action authorized by paragraph (1), (2), (3), or (4) is
necessary for the conduct of the undercover operation.
``(b) Disposition of Proceeds No Longer Required.--As soon
as practicable after the proceeds from an undercover
investigative operation, carried out under paragraphs (3) and
(4) of subsection (a), are no longer necessary for the
conduct of the operation, the proceeds or the balance of the
proceeds remaining at the time shall be deposited into the
Treasury of the United States as miscellaneous receipts.
``(c) Disposition of Certain Corporations and Business
Entities.--If a corporation or business entity established or
acquired as part of an undercover operation under paragraph
(2) of subsection (a) with a net value of over $50,000 is to
be liquidated, sold, or otherwise disposed of, the Service,
as much in advance as the Commissioner or Commissioner's
designee determines practicable, shall report the
circumstances to the Attorney General, the Director of the
Office of Management and Budget, and the Comptroller General.
The proceeds of the liquidation, sale, or other disposition,
after obligations are met, shall be deposited in the Treasury
of the United States as miscellaneous receipts.
``(d) Financial Audits.--The Service shall conduct detailed
financial audits of closed undercover operations on a
quarterly basis and shall report the results of the audits in
writing to the Deputy Attorney General.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 293 the
following:
``Sec. 294. Undercover investigation authority.''.
Subtitle B--Deterrence of Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Fraud and Misuse of Government-Issued Identification
Documents.--(1) Section 1028(b) of title 18, United States
Code, is amended--
(A) in paragraph (1), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(1)'' and by striking
``five years'' and inserting ``15 years'';
(B) in paragraph (2), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(2)'' and by striking
``and'' at the end;
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following new
paragraphs:
``(3) a fine under this title or imprisonment for not more
than 20 years, or both, if the offense is committed to
facilitate a drug trafficking crime (as defined in section
929(a)(2) of this title);
``(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed to
facilitate an act of international terrorism (as defined in
section 2331(1) of this title); and''.
(2) Sections 1425 through 1427, sections 1541 through 1544,
and section 1546(a) of title 18, United States Code, are each
amended by striking ``imprisoned not more'' and all that
follows through ``years'' each place it appears and inserting
the following: ``imprisoned not more than 25 years (if the
offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20
years (if the offense was committed to facilitate a drug
trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed to facility such an
act of international terrorism or a drug trafficking crime),
or 15 years (in the case of any other offense)''.
(b) Changes to the Sentencing Levels.--
(1) In general.--Pursuant to the Commission's authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate
sentencing guidelines or amend existing sentencing guidelines
for offenders convicted of violating, or conspiring to
violate, sections 1028(b)(1), 1425 through 1427, 1541 through
1544, and 1546(a) of title 18, United States Code, in
accordance with this subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses referred to in
paragraph (1)--
(A) increase the base offense level for such offenses at
least 2 offense levels above the level in effect on the date
of the enactment of this Act;
(B) review the sentencing enhancement for number of
documents or passports involved (U.S.S.G. 2L2.1(b)(2)), and
increase the upward adjustment by at least 50 percent above
the applicable enhancement in effect on the date of the
enactment of this Act;
(C) impose an appropriate sentencing enhancement upon an
offender with 1 prior felony
[[Page H11794]]
conviction arising out of a separate and prior prosecution
for an offense that involved the same or similar underlying
conduct as the current offense, to be applied in addition to
any sentencing enhancement that would otherwise apply
pursuant to the calculation of the defendant's criminal
history category;
(D) impose an additional appropriate sentencing enhancement
upon an offender with 2 or more prior felony convictions
arising out of separate and prior prosecutions for offenses
that involved the same or similar underlying conduct as the
current offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category; and
(E) consider whether any other aggravating or mitigating
circumstances warrant upward or downward sentencing
adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(c) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES
FOR DOCUMENT FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C.
1324c(a)) is amended--
(1) in paragraph (1), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(2) in paragraph (2), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(3) in paragraph (3)--
(A) by inserting ``or with respect to'' after ``issued
to'';
(B) by adding before the comma at the end the following:
``or obtaining a benefit under this Act''; and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by inserting ``or with respect to'' after ``issued
to'';
(B) by adding before the period at the end the following:
``or obtaining a benefit under this Act''; and
(C) by striking the period at the end and inserting ``,
or''; and
(5) by adding at the end the following new paragraphs:
``(5) to prepare, file, or assist another in preparing or
filing, any application for benefits under this Act, or any
document required under this Act, or any document submitted
in connection with such application or document, with
knowledge or in reckless disregard of the fact that such
application or document was falsely made or, in whole or in
part, does not relate to the person on whose behalf it was or
is being submitted, or
``(6)(A) to present before boarding a common carrier for
the purpose of coming to the United States a document which
relates to the alien's eligibility to enter the United
States, and (B) to fail to present such document to an
immigration officer upon arrival at a United States port of
entry.''.
(b) Definition of Falsely Make.--Section 274C (8 U.S.C.
1324c), as amended by section 213 of this division, is
further amended by adding at the end the following new
subsection:
``(f) Falsely Make.--For purposes of this section, the term
`falsely make' means to prepare or provide an application or
document, with knowledge or in reckless disregard of the fact
that the application or document contains a false,
fictitious, or fraudulent statement or material
representation, or has no basis in law or fact, or otherwise
fails to state a fact which is material to the purpose for
which it was submitted.''.
(c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ``each document used,
accepted, or created and each instance of use, acceptance, or
creation'' each place it appears and inserting ``each
document that is the subject of a violation under subsection
(a)''.
(d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
1324c(d)) is amended by adding at the end the following new
paragraph:
``(7) Waiver by attorney general.--The Attorney General may
waive the penalties imposed by this section with respect to
an alien who knowingly violates subsection (a)(6) if the
alien is granted asylum under section 208 or withholding of
deportation under section 243(h).''.
(e) Effective Date.--Section 274C(f) of the Immigration and
Nationality Act, as added by subsection (b), applies to the
preparation of applications before, on, or after the date of
the enactment of this Act.
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE
AS PREPARER OF FALSE APPLICATION FOR
IMMIGRATION BENEFITS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the
end the following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as
Document Preparer.--(1) Whoever, in any matter within the
jurisdiction of the Service, knowingly and willfully fails to
disclose, conceals, or covers up the fact that they have, on
behalf of any person and for a fee or other remuneration,
prepared or assisted in preparing an application which was
falsely made (as defined in subsection (f)) for immigration
benefits, shall be fined in accordance with title 18, United
States Code, imprisoned for not more than 5 years, or both,
and prohibited from preparing or assisting in preparing,
whether or not for a fee or other remuneration, any other
such application.
``(2) Whoever, having been convicted of a violation of
paragraph (1), knowingly and willfully prepares or assists in
preparing an application for immigration benefits pursuant to
this Act, or the regulations promulgated thereunder, whether
or not for a fee or other remuneration and regardless of
whether in any matter within the jurisdiction of the Service,
shall be fined in accordance with title 18, United States
Code, imprisoned for not more than 15 years, or both, and
prohibited from preparing or assisting in preparing any other
such application.''.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT
WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
OR FACT.
The fourth paragraph of section 1546(a) of title 18, United
States Code, is amended by striking ``containing any such
false statement'' and inserting ``which contains any such
false statement or which fails to contain any reasonable
basis in law or fact''.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of paragraph (d) and
inserting ``; or'', and
(2) by inserting after paragraph (d) the following:
``(e) Whoever knowingly makes any false statement or claim
that he is, or at any time has been, a citizen or national of
the United States, with the intent to obtain on behalf of
himself, or any other person, any Federal or State benefit or
service, or to engage unlawfully in employment in the United
States; or
``(f) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to
register to vote or to vote in any Federal, State, or local
election (including an initiative, recall, or referendum)--
''.
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL
ELECTION.
(a) In General.--Title 18, United States Code, is amended
by inserting after section 610 the following:
``Sec. 611. Voting by aliens
``(a) It shall be unlawful for any alien to vote in any
election held solely or in part for the purpose of electing a
candidate for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the
House of Representatives, Delegate from the District of
Columbia, or Resident Commissioner, unless--
``(1) the election is held partly for some other purpose;
``(2) aliens are authorized to vote for such other purpose
under a State constitution or statute or a local ordinance;
and
``(3) voting for such other purpose is conducted
independently of voting for a candidate for such Federal
offices, in such a manner that an alien has the opportunity
to vote for such other purpose, but not an opportunity to
vote for a candidate for any one or more of such Federal
offices.
``(b) Any person who violates this section shall be fined
under this title, imprisoned not more than one year, or
both.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 18, United States Code, is
amended by inserting after the item relating to section 610
the following new item:
``611. Voting by aliens.''.
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED
OFFENSES.
Section 982(a) of title 18, United States Code, is amended
by inserting after paragraph (5) the following new paragraph:
``(6)(A) The court, in imposing sentence on a person
convicted of a violation of, or conspiracy to violate,
section 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title, or a violation of, or conspiracy to violate,
section 1028 of this title if committed in connection with
passport or visa issuance or use, shall order that the person
forfeit to the United States, regardless of any provision of
State law--
``(i) any conveyance, including any vessel, vehicle, or
aircraft used in the commission of a violation of, or a
conspiracy to violate, subsection (a); and
``(ii) any property real or personal--
``(I) that constitutes, or is derived from or is traceable
to the proceeds obtained directly or indirectly from the
commission of a violation of, or a conspiracy to violate,
subsection (a), section 274A(a)(1) or 274A(a)(2) of the
Immigration and Nationality Act, or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of this title; or
``(II) that is used to facilitate, or is intended to be
used to facilitate, the commission of a violation of, or a
conspiracy to violate, subsection (a), section 274A(a)(1) or
274A(a)(2) of the Immigration and Nationality Act, or section
1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title.
The court, in imposing sentence on such person, shall order
that the person forfeit to the United States all property
described in this subparagraph.
``(B) The criminal forfeiture of property under
subparagraph (A), including any seizure and disposition of
the property and any related administrative or judicial
proceeding, shall be governed by the provisions of section
413 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 853), other than subsections (a) and
(d) of such section 413.''.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.
(a) Amendments to Title 18.--Sections 1581, 1583, 1584, and
1588 of title 18, United States Code, are amended by striking
``five'' each place it appears and inserting ``10''.
(b) Review of Sentencing Guidelines.--The United States
Sentencing Commission shall ascertain whether there exists an
unwarranted disparity--
[[Page H11795]]
(1) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
kidnapping offenses in effect on the date of the enactment of
this Act; and
(2) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
alien smuggling offenses in effect on the date of the
enactment of this Act and after the amendment made by
subsection (a).
(c) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review its guidelines on
sentencing for peonage, involuntary servitude, and slave
trade offenses under sections 1581 through 1588 of title 18,
United States Code, and shall amend such guidelines as
necessary to--
(A) reduce or eliminate any unwarranted disparity found
under subsection (b) that exists between the sentences for
peonage, involuntary servitude, and slave trade offenses, and
the sentences for kidnapping offenses and alien smuggling
offenses;
(B) ensure that the applicable guidelines for defendants
convicted of peonage, involuntary servitude, and slave trade
offenses are sufficiently stringent to deter such offenses
and adequately reflect the heinous nature of such offenses;
and
(C) ensure that the guidelines reflect the general
appropriateness of enhanced sentences for defendants whose
peonage, involuntary servitude, or slave trade offenses
involve--
(i) a large number of victims;
(ii) the use or threatened use of a dangerous weapon; or
(iii) a prolonged period of peonage or involuntary
servitude.
(2) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding at the end
thereof the following new subsection:
``(d) Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually
preserved) deposition of a witness to a violation of
subsection (a) who has been deported or otherwise expelled
from the United States, or is otherwise unable to testify,
may be admitted into evidence in an action brought for that
violation if the witness was available for cross examination
and the deposition otherwise complies with the Federal Rules
of Evidence.''.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and''; and
(3) by inserting after subparagraph (B) the following:
``(C) immigration officers designated by the Commissioner
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place prior to the
filing of a complaint in a case under paragraph (2).''.
G. Wellington Smith, P.C. |