I 

115TH CONGRESS 

1ST SESSION H. R. 1741 

To prohibit the intentional hindering of immigration, border, and customs 

controls, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2017 

Ms. MCSALLY (for herself, Mr. PEARCE, Mr. FRANKS of Arizona, Ms. 

SINEMA, Mr. GOSAR, and Mr. SCHWEIKERT) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transnational Crimi5 nal Organization Illicit Spotter Prevention and Elimi6 nation Act’’. 

7 SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, 

8 AND CUSTOMS CONTROLS. 

9 (a) ENHANCED PENALTIES.— 


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1 (1) IN GENERAL.—Chapter 9 of title II of the 

2 Immigration and Nationality Act (8 U.S.C. 1351 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR5 DER, AND CUSTOMS CONTROLS. 

6 ‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 

7 transmits, by any means, to another person the location, 

8 movement, or activities of any Federal, State, local, or 

9 tribal law enforcement agency with the intent to further 

10 a Federal crime relating to United States immigration, 

11 customs, controlled substances, agriculture, monetary in12 struments, or other border controls shall be fined under 

13 title 18, imprisoned not more than 10 years, or both. 

14 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

15 CONTROLS.—Any person who knowingly and without law16 ful authorization destroys, alters, or damages any fence, 

17 barrier, sensor, camera, or other physical or electronic de18 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, cir21 cumvent, or evade any such fence, barrier, sensor camera, 

22 or other physical or electronic device deployed by the Fed23 eral Government to control the border or a port of entry— 

24 ‘‘(1) shall be fined under title 18, imprisoned 

25 not more than 10 years, or both; and 


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1 ‘‘(2) if, at the time of the offense, the person 

2 uses or carries a firearm or who, in furtherance of 

3 any such crime, possesses a firearm, that person 

4 shall be fined under title 18, imprisoned not more 

5 than 20 years, or both. 

6 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

7 attempts or conspires to violate subsection (a) or (b) shall 

8 be punished in the same manner as a person who com9 pletes a violation of such subsection.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents in the first section of the Immigration and Na12 tionality Act is amended by inserting after the item 

13 relating to section 294 the following: 

‘‘Sec. 295. Unlawfully hindering immigration, border, and customs controls.’’. 

14 (b) PROHIBITING CARRYING OR USE OF A FIREARM

15 DURING AND IN RELATION TO AN ALIEN SMUGGLING

16 CRIME.—Section 924(c) of title 18, United States Code, 

17 is amended— 

18 (1) in paragraph (1)— 

19 (A) in subparagraph (A), by inserting ‘‘, 

20 alien smuggling crime,’’ after ‘‘crime of vio21 lence’’ each place that term appears; and 

22 (B) in subparagraph (D)(ii), by inserting 

23 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio24 lence’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(6) For purposes of this subsection, the term ‘alien 

2 smuggling crime’ means any felony punishable under sec3 tion 274(a), 277, or 278 of the Immigration and Nation4 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

5 (c) STATUTE OF LIMITATIONS.—Section 3298 of title 

6 18, United States Code, is amended by inserting ‘‘, 295, 

7 296, or 297’’ after ‘‘274(a)’’. 

Æ 


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