[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 374 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 374

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

Ms. Ernst (for herself and Mr. Lankford) 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; or
            ``(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, 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 (8 U.S.C. 1101 
        et seq.) 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'';
            (2) by striking paragraphs (2) through (4);
            (3) by redesignating paragraph (5) as paragraph (2); and
            (4) by adding at the end the following:
    ``(3) 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);
            ``(B) the term `brandish' means, with respect to a firearm, 
        to display all or part of the firearm, or otherwise make the 
        presence of the firearm known to another person, in order to 
        intimidate that person, regardless of whether the firearm is 
        directly visible to such person;
            ``(C) the term `crime of violence' means an offense that--
                    ``(i) is a felony; and
                    ``(ii)(I) has, as an element, the use, attempted 
                use, or threatened use of physical force against the 
                person or property of another; or
                    ``(II) by its nature, involves a substantial risk 
                that physical force against the person or property of 
                another may be used in the course of committing the 
                offense.
            ``(D) the term `drug trafficking crime' means any felony 
        punishable under the Controlled Substances Act (21 U.S.C. 801 
        et seq.), the Controlled Substances Import and Export Act (21 
        U.S.C. 951 et seq.), or chapter 705 of title 46.''.
    (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 (34 U.S.C. 60102(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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