[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 725 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 725
To prohibit the intentional hindering of immigration, border, and
customs controls, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2017
Mr. McCain introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the intentional hindering of immigration, border, and
customs controls, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transnational Criminal Organization
Illicit Spotter Prevention and Elimination Act''.
SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
(a) Enhanced Penalties.--
(1) In general.--Chapter 9 of title II of the Immigration
and Nationality Act (8 U.S.C. 1351 et seq.) is amended by
adding at the end the following:
``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
``(a) Illicit Spotting.--Any person who knowingly transmits, by any
means, to another person the location, movement, or activities of any
Federal, State, local, or tribal law enforcement agency with the intent
to further a Federal crime relating to United States immigration,
customs, controlled substances, agriculture, monetary instruments, or
other border controls shall be fined under title 18, United States
Code, imprisoned not more than 10 years, or both.
``(b) Destruction of United States Border Controls.--Any person who
knowingly and without lawful authorization destroys, alters, or damages
any fence, barrier, sensor, camera, or other physical or electronic
device deployed by the Federal Government to control the border or a
port of entry or otherwise seeks to construct, excavate, or make any
structure intended to defeat, circumvent, or evade any such fence,
barrier, sensor camera, or other physical or electronic device deployed
by the Federal Government to control the border or a port of entry--
``(1) shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both; and
``(2) if, at the time of the offense, the person uses or
carries a firearm or who, in furtherance of any such crime,
possesses a firearm, that person shall be fined under such
title 18, imprisoned not more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or conspires
to violate subsection (a) or (b) shall be punished in the same manner
as a person who completes a violation of such subsection.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 294 the following:
``Sec. 295. Unlawfully hindering immigration, border, and customs
controls.''.
(b) Prohibiting Carrying or Use of a Firearm During and in Relation
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
Code, is amended--
(1) by striking ``For purposes of this subsection,'' each
place such phrase appears;
(2) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``crime of violence'' each
place that term appears; and
(B) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence'';
(3) in paragraph (3), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and adjusting
the margin accordingly;
(4) by redesignating paragraphs (2), (3), and (4) as
subparagraphs (D), (C), and (B), respectively, and adjusting
the margin accordingly;
(5) by transferring subparagraph (B), as redesignated, to
appear before subparagraph (C), as redesignated;
(6) by transferring subparagraph (D), as redesignated, to
appear after subparagraph (C), as redesignated;
(7) by redesignating paragraph (5) as paragraph (2) and
transferring the redesignated paragraph to appear after
paragraph (1);
(8) by inserting after paragraph (2), as redesignated and
transferred, the following:
``(3) As used in this subsection--
``(A) the term `alien smuggling crime' means any felony
punishable under section 274(a), 277, or 278 of the Immigration
and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and
(9) in paragraph (3), as redesignated--
(A) in subparagraph (B), as redesignated, by
striking the period at the end and inserting a
semicolon; and
(B) in subparagraph (C)(ii), as redesignated, by
striking the period at the end and inserting ``; and''.
(c) Conforming Amendments.--
(1) Bankruptcy code.--Section 707(c)(1)(B) of title 11,
United States Code, is amended by striking ``section
924(c)(2)'' and inserting ``section 924(c)(3)(D)'';
(2) Criminal code.--Title 18, United States Code, is
amended--
(A) in section 844(o)--
(i) by striking ``section 924(c)(3)'' and
inserting ``section 924(c)(3)(C)''; and
(ii) by striking ``section 924(c)(2)'' and
inserting ``section 924(c)(3)(D)'';
(B) in section 1028(b)(3)(B), by striking ``section
924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and
(C) in section 4042(b)(3)--
(i) in subparagraph (A), by striking
``section 924(c)(2)'' and inserting ``section
924(c)(3)(D)''; and
(ii) in subparagraph (B), by striking
``section 924(c)(3)'' and inserting ``section
924(c)(3)(C)''.
(3) Prisons.--Section 3(1) of the Interstate Transportation
of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is
amended by striking ``section 924(c)(3)'' and inserting
``section 924(c)(3)(C)''.
(d) Statute of Limitations.--Section 3298 of title 18, United
States Code, is amended--
(1) by inserting ``or 295'' after ``274(a)''; and
(2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after
``Immigration and Nationality Act''.
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