[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 847 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 847

   To prohibit the intentional hindering of immigration, border, and 
               customs controls, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2015

 Mr. McCain (for himself and Mr. Flake) 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, 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, 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 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) 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''; 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).''.
    (c) Statute of Limitations.--Section 3298 of title 18, United 
States Code, is amended by inserting ``, 295, 296, or 297'' after 
``274(a)''.
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