110 STAT. 3009-567 PUBLIC LAW 104-208—SEPT. 30, 1996 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. 8 USC 1324 note. (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 ATTOR- NEYS. (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:
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