Page:United States Statutes at Large Volume 110 Part 4.djvu/728

This page needs to be proofread.


110 STAT. 3009 -565 PUBLIC LAW 104-208—SEPT. 30, 1996 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 (1); (3) by redesignating paragraphs (m), (n), and (o) as paragraphs (n), (o), and (p), respectively; and (4) by inserting after paragraph (1) 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 10^^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)(l)(B)(i) (8 U.S.C. 1324(a)(l)(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)—