Page:United States Statutes at Large Volume 110 Part 4.djvu/729

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-566 (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: "(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. — 28 USC 994 note. (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. 2L 1.1(b)(2)), and increase the sentencing enhancement by at least 50 percent above the

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