Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transnational Crimi- 4 nal Organization Illicit Spotter Prevention and Elimi- 5 nation Act’’. 6 SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, 7 AND CUSTOMS CONTROLS. 8 (a) ENHANCED PENALTIES.— 9 VerDate Sep 11 2014 03:17 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3602 IH (1) IN GENERAL.—Chapter 9 of title II of the 1 Immigration and Nationality Act (8 U.S.C. 1351 et 2 seq.) is amended by adding at the end the following: 3 ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR- 4 DER, AND CUSTOMS CONTROLS. 5 ‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 6 transmits, by any means, to another person the location, 7 movement, or activities of any Federal, State, local, or 8 tribal law enforcement agency with the intent to further 9 a Federal crime relating to United States immigration, 10 customs, controlled substances, agriculture, monetary in- 11 struments, or other border controls shall be fined under 12 title 18, United States Code, imprisoned not more than 13 10 years, or both. 14 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER 15 CONTROLS.—Any person who knowingly and without law- 16 ful authorization destroys, alters, or damages any fence, 17 barrier, sensor, camera, or other physical or electronic de- 18 vice deployed by the Federal Government to control the 19 border or a port of entry or otherwise seeks to construct, 20 excavate, or make any structure intended to defeat, cir- 21 cumvent, or evade any such fence, barrier, sensor camera, 22 or other physical or electronic device deployed by the Fed- 23 eral Government to control the border or a port of entry— 24 VerDate Sep 11 2014 03:17 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3602 IH ‘‘(1) shall be fined under title 18, United States 1 Code, imprisoned not more than 10 years, or both; 2 or 3 ‘‘(2) if, at the time of the offense, the person 4 uses or carries a firearm or who, in furtherance of 5 any such crime, possesses a firearm, shall be fined 6 under such title 18, imprisoned not more than 20 7 years, or both. 8 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 9 attempts or conspires to violate subsection (a) or (b) shall 10 be punished in the same manner as a person who com- 11 pletes a violation of such subsection.’’. 12 (2) CLERICAL AMENDMENT.—The table of con- 13 tents in the first section of the Immigration and Na- 14 tionality Act (8 U.S.C. 1101 et seq.) is amended by 15 inserting after the item relating to section 294 the 16 following: 17 ‘‘Sec. 295. Unlawfully hindering immigration, border, and customs controls.’’. (b) PROHIBITING CARRYING OR USE OF A FIREARM 18 DURING AND IN RELATION TO AN ALIEN SMUGGLING 19 CRIME.—Section 924(c) of title 18, United States Code, 20 is amended— 21 (1) in paragraph (1)— 22 (A) in subparagraph (A), by inserting ‘‘, 23 alien smuggling crime,’’ after ‘‘crime of vio- 24 lence’’ each place that term appears; and 25 VerDate Sep 11 2014 03:17 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3602 IH (B) in subparagraph (D)(ii), by inserting 1 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio- 2 lence’’; 3 (2) by striking paragraphs (2) through (4); 4 (3) by redesignating paragraph (5) as para- 5 graph (2); and 6 (4) by adding at the end the following: 7 ‘‘(3) In this subsection— 8 ‘‘(A) the term ‘alien smuggling crime’ means 9 any felony punishable under section 274(a), 277, or 10 278 of the Immigration and Nationality Act (8 11 U.S.C. 1324(a), 1327, and 1328); 12 ‘‘(B) the term ‘brandish’ means, with respect to 13 a firearm, to display all or part of the firearm, or 14 otherwise make the presence of the firearm known 15 to another person, in order to intimidate that per- 16 son, regardless of whether the firearm is directly 17 visible to such person; 18 ‘‘(C) the term ‘crime of violence’ means an of- 19 fense that— 20 ‘‘(i) is a felony; and 21 ‘‘(ii)(I) has, as an element, the use, at- 22 tempted use, or threatened use of physical force 23 against the person or property of another; or 24 VerDate Sep 11 2014 03:17 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3602 IH ‘‘(II) by its nature, involves a substantial 1 risk that physical force against the person or 2 property of another may be used in the course 3 of committing the offense. 4 ‘‘(D) the term ‘drug trafficking crime’ means 5 any felony punishable under the Controlled Sub- 6 stances Act (21 U.S.C. 801 et seq.), the Controlled 7 Substances Import and Export Act (21 U.S.C. 951 8 et seq.), or chapter 705 of title 46.’’. 9 (c) CONFORMING AMENDMENTS.— 10 (1) BANKRUPTCY CODE.—Section 707(c)(1)(B) 11 of title 11, United States Code, is amended by strik- 12 ing ‘‘section 924(c)(2)’’ and inserting ‘‘section 13 924(c)(3)(D)’’. 14 (2) CRIMINAL CODE.—Title 18, United States 15 Code, is amended— 16 (A) in section 844(o)— 17 (i) by striking ‘‘section 924(c)(3)’’ 18 and inserting ‘‘section 924(c)(3)(C)’’; and 19 (ii) by striking ‘‘section 924(c)(2)’’ 20 and inserting ‘‘section 924(c)(3)(D)’’; 21 (B) in section 1028(b)(3)(B), by striking 22 ‘‘section 924(c)(3)’’ and inserting ‘‘section 23 924(c)(3)(C)’’; and 24 (C) in section 4042(b)(3)— 25 VerDate Sep 11 2014 03:17 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3602 IH (i) in subparagraph (A), by striking 1 ‘‘section 924(c)(2)’’ and inserting ‘‘section 2 924(c)(3)(D)’’; and 3 (ii) in subparagraph (B), by striking 4 ‘‘section 924(c)(3)’’ and inserting ‘‘section 5 924(c)(3)(C)’’. 6 (3) PRISONS.—Section 3(1) of the Interstate 7 Transportation of Dangerous Criminals Act of 2000 8 (34 U.S.C. 60102(1)) is amended by striking ‘‘sec- 9 tion 924(c)(3)’’ and inserting ‘‘section 10 924(c)(3)(C)’’. 11 (d) STATUTE OF LIMITATIONS.—Section 3298 of title 12 18, United States Code, is amended— 13 (1) by inserting ‘‘or 295’’ after ‘‘274(a)’’; and 14 (2) by inserting ‘‘(8 U.S.C. 1324(a) and 15 1363b)’’ after ‘‘Immigration and Nationality Act’’. 16 Æ VerDate Sep 11 2014 03:17 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3602.IH H3602 pbinns on DSKJLVW7X2PROD with $$_JOB