[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4961 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4961

     To prevent organized human smuggling, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2014

  Mr. McCaul introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To prevent organized human smuggling, 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 ``Human Smuggling Prevention Act of 
2014''.

SEC. 2. ORGANIZED HUMAN SMUGGLING.

    (a) Prohibited Activities.--Whoever, while acting for profit or 
other financial gain, knowingly directs or participates in an effort or 
scheme to assist or cause five or more persons (other than a parent, 
spouse, or child of the offender)--
            (1) to enter, attempt to enter, or prepare to enter the 
        United States--
                    (A) by fraud, falsehood, or other corrupt means;
                    (B) at any place other than a port or place of 
                entry designated by the Secretary of Homeland Security; 
                or
                    (C) in a manner not prescribed by the immigration 
                laws and regulations of the United States; or
            (2) to travel by air, land, or sea toward the United States 
        (whether directly or indirectly)--
                    (A) knowing that the persons seek to enter or 
                attempt to enter the United States without lawful 
                authority; and
                    (B) with the intent to aid or further such entry or 
                attempted entry; or
            (3) to be transported or moved outside of the United 
        States--
                    (A) knowing that such persons are aliens in 
                unlawful transit from one country to another or on the 
                high seas; and
                    (B) under circumstances in which the persons are in 
                fact seeking to enter the United States without 
                official permission or legal authority;
        shall be punished as provided in subsection (c) or (d).
    (b) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) of this section shall be punished in the same 
manner as a person who completes a violation of such subsection.
    (c) Base Penalty.--Except as provided in subsection (d), any person 
who violates subsection (a) or (b) shall be fined under title 18, 
United States Code, imprisoned for not more than 20 years, or both.
    (d) Enhanced Penalties.--Any person who violates subsection (a) or 
(b) shall--
            (1) in the case of a violation during and in relation to 
        which a serious bodily injury (as such term is defined in 
        section 1365 of title 18, United States Code) occurs to any 
        person, be fined under title 18, United States Code, imprisoned 
        for not more than 30 years, or both;
            (2) in the case of a violation during and in relation to 
        which the life of any person is placed in jeopardy, be fined 
        under title 18, United States Code, imprisoned for not more 
        than 30 years, or both;
            (3) in the case of a violation involving ten or more 
        persons, be fined under title 18, United States Code, 
        imprisoned for not more than 30 years, or both;
            (4) in the case of a violation involving the bribery or 
        corruption of a United States or foreign government official, 
        be fined under title 18, United States Code, imprisoned for not 
        more than 30 years, or both;
            (5) in the case of a violation involving robbery or 
        extortion (as such terms are defined in paragraph (1) or (2), 
        respectively, of section 1951(b) of title 18, United States 
        Code) be fined under title 18, United States Code, imprisoned 
        for not more than 30 years, or both;
            (6) in the case of a violation during and in relation to 
        which any person is subjected to an involuntary sexual act (as 
        such term is defined in section 2246(2) of title 18, United 
        States Code), be fined under title 18, United States Code, 
        imprisoned for not more than 30 years, or both;
            (7) in the case of a violation resulting in the death of 
        any person, be fined under title 18, United States Code, 
        imprisoned for any term of years or for life, or both;
            (8) in the case of a violation in which any alien is 
        confined or restrained, including by the taking of clothing, 
        goods, or personal identification documents, be fined under 
        title 18, United States Code, imprisoned not fewer than five 
        years and not more than ten years, or both;
            (9) in the case of smuggling an unaccompanied alien child 
        (as such term is defined in paragraph (2) of section 462(g) of 
        the Homeland Security Act of 2002 (6 U.S.C. 279(g)), be fined 
        under title 18, United States Code, imprisoned not more than 20 
        years.
    (e) Lawful Authority Defined.--In this section, the term ``lawful 
authority''--
            (1) means permission, authorization, or license that is 
        expressly provided for in the immigration laws of the United 
        States or accompanying regulations; and
            (2) does not include any such authority secured by fraud or 
        otherwise obtained in violation of law, nor does it include 
        authority sought, but not approved.
    (f) Effort or Scheme.--For purposes of this section, ``effort or 
scheme to assist or cause five or more persons'' does not require that 
the five or more persons enter, attempt to enter, prepare to enter, or 
travel at the same time so long as the acts are completed within one 
year.

SEC. 3. STRATEGY TO COMBAT HUMAN SMUGGLING.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
implement a strategy to deter, detect, and interdict human smuggling 
across the international land and maritime borders of the United 
States.
    (b) Components.--The strategy referred to in subsection (a) shall 
include, at a minimum, the following components:
            (1) Efforts to increase coordination between the border and 
        maritime security components of the Department of Homeland 
        Security.
            (2) An identification of intelligence gaps impeding the 
        ability to deter, detect, and interdict human smuggling across 
        the international land and maritime borders of the United 
        States.
            (3) Efforts to increase information sharing with State and 
        local governments and other Federal agencies.
            (4) Efforts to provide, in coordination with the Federal 
        Law Enforcement Training Center, training for the border and 
        maritime security components of the Department of Homeland 
        Security to deter, detect, and interdict human smuggling across 
        the international land and maritime borders of the United 
        States.
            (5) An identification of the high traffic areas of human 
        smuggling along the international land and maritime borders of 
        the United States.
    (c) Report.--Not later than 30 days after the implementation of the 
strategy referred to in subsection (a), the Secretary of Homeland 
Security shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that describes such 
strategy, including the components described in subsection (b). If the 
Secretary determines that such is appropriate, such report may be 
submitted in classified form.
    (d) Annual List of High Traffic Areas.--Not later than February 1 
of every year beginning in the year after the date of the enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
list of the high traffic areas of human smuggling referred to in 
subsection (b)(5).
    (e) High Traffic Areas of Human Smuggling Defined.--In this Act, 
the term ``high traffic areas of human smuggling'' means the United 
States ports of entry and areas between such ports that have the most 
human smuggling activity, as measured by U.S. Customs and Border 
Protection.

SEC. 4. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    (a) Illicit Spotting.--Whoever knowingly transmits to another 
person the location, movement, or activities of any Federal, State, 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.--Whoever 
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, 
shall be fined under title 18, United States Code, imprisoned not more 
than 10 years, or both, and if, at the time of the offense, the person 
uses or carries a firearm or, in furtherance of any such crime, 
possesses a firearm, that person shall be fined under title 18, United 
States Code, 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.
    (d) 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) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence'' each 
                place such term appears; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence''; and
            (2) by adding at the end the following:
            ``(6) For purposes of this subsection, 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).''.
    (e) Statute of Limitations.--Section 3298 of title 18, United 
States Code, is amended by inserting ``, or under section 2 or 
subsection (a), (b), or (c) of section 4 of the Human Smuggling 
Prevention Act of 2014,'' after ``Immigration and Nationality Act''.
                                 <all>