[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3602 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3602
To prohibit the intentional hindering of immigration, border, and
customs controls, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2023
Mr. Ciscomani (for himself, Mr. Tony Gonzales of Texas, Mr. Bacon, and
Mrs. Miller-Meeks) introduced the following bill; which was 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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