[Congressional Record Volume 162, Number 34 (Wednesday, March 2, 2016)]
[Senate]
[Page S1236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3408. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. 705. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND 
                   CUSTOMS CONTROLS.

       (a) Short Title.--This section may be cited as the 
     ``Transnational Criminal Organization Illicit Spotter 
     Prevention and Elimination Act''.
       (b) 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.''.
       (c) 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).''.
       (d) Statute of Limitations.--Section 3298 of title 18, 
     United States Code, is amended by inserting ``, 295, 296, or 
     297'' after ``274(a)''.
                                 ______