I 

113TH CONGRESS 

2D SESSION H. R. 4961 

To prevent organized human smuggling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2014 

Mr. MCCAUL introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland 

Security, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prevent organized human smuggling, 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 ‘‘Human Smuggling 

5 Prevention Act of 2014’’. 

6 SEC. 2. ORGANIZED HUMAN SMUGGLING. 

7 (a) PROHIBITED ACTIVITIES.—Whoever, while acting 

8 for profit or other financial gain, knowingly directs or par9 ticipates in an effort or scheme to assist or cause five or 


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1 more persons (other than a parent, spouse, or child of the 

2 offender)— 

3 (1) to enter, attempt to enter, or prepare to 

4 enter the United States— 

5 (A) by fraud, falsehood, or other corrupt 

6 means; 

7 (B) at any place other than a port or place 

8 of entry designated by the Secretary of Home9 land Security; or 

10 (C) in a manner not prescribed by the im11 migration laws and regulations of the United 

12 States; or 

13 (2) to travel by air, land, or sea toward the 

14 United States (whether directly or indirectly)— 

15 (A) knowing that the persons seek to enter 

16 or attempt to enter the United States without 

17 lawful authority; and 

18 (B) with the intent to aid or further such 

19 entry or attempted entry; or 

20 (3) to be transported or moved outside of the 

21 United States— 

22 (A) knowing that such persons are aliens 

23 in unlawful transit from one country to another 

24 or on the high seas; and 


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1 (B) under circumstances in which the per2 sons are in fact seeking to enter the United 

3 States without official permission or legal au4 thority; 

5 shall be punished as provided in subsection (c) or 

6 (d). 

7 (b) CONSPIRACY AND ATTEMPT.—Any person who 

8 attempts or conspires to violate subsection (a) of this sec9 tion shall be punished in the same manner as a person 

10 who completes a violation of such subsection. 

11 (c) BASE PENALTY.—Except as provided in sub12 section (d), any person who violates subsection (a) or (b) 

13 shall be fined under title 18, United States Code, impris14 oned for not more than 20 years, or both. 

15 (d) ENHANCED PENALTIES.—Any person who vio16 lates subsection (a) or (b) shall— 

17 (1) in the case of a violation during and in rela18 tion to which a serious bodily injury (as such term 

19 is defined in section 1365 of title 18, United States 

20 Code) occurs to any person, be fined under title 18, 

21 United States Code, imprisoned for not more than 

22 30 years, or both; 

23 (2) in the case of a violation during and in rela24 tion to which the life of any person is placed in jeopVerDate Mar 15 2010 03:11 Jul 01, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4961.IH H4961

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1 ardy, be fined under title 18, United States Code, 

2 imprisoned for not more than 30 years, or both; 

3 (3) in the case of a violation involving ten or 

4 more persons, be fined under title 18, United States 

5 Code, imprisoned for not more than 30 years, or 

6 both; 

7 (4) in the case of a violation involving the brib8 ery or corruption of a United States or foreign gov9 ernment official, be fined under title 18, United 

10 States Code, imprisoned for not more than 30 years, 

11 or both; 

12 (5) in the case of a violation involving robbery 

13 or extortion (as such terms are defined in paragraph 

14 (1) or (2), respectively, of section 1951(b) of title 

15 18, United States Code) be fined under title 18, 

16 United States Code, imprisoned for not more than 

17 30 years, or both; 

18 (6) in the case of a violation during and in rela19 tion to which any person is subjected to an involun20 tary sexual act (as such term is defined in section 

21 2246(2) of title 18, United States Code), be fined 

22 under title 18, United States Code, imprisoned for 

23 not more than 30 years, or both; 

24 (7) in the case of a violation resulting in the 

25 death of any person, be fined under title 18, United 


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1 States Code, imprisoned for any term of years or for 

2 life, or both; 

3 (8) in the case of a violation in which any alien 

4 is confined or restrained, including by the taking of 

5 clothing, goods, or personal identification documents, 

6 be fined under title 18, United States Code, impris7 oned not fewer than five years and not more than 

8 ten years, or both; 

9 (9) in the case of smuggling an unaccompanied 

10 alien child (as such term is defined in paragraph (2) 

11 of section 462(g) of the Homeland Security Act of 

12 2002 (6 U.S.C. 279(g)), be fined under title 18, 

13 United States Code, imprisoned not more than 20 

14 years. 

15 (e) LAWFUL AUTHORITY DEFINED.—In this section, 

16 the term ‘‘lawful authority’’— 

17 (1) means permission, authorization, or license 

18 that is expressly provided for in the immigration 

19 laws of the United States or accompanying regula20 tions; and 

21 (2) does not include any such authority secured 

22 by fraud or otherwise obtained in violation of law, 

23 nor does it include authority sought, but not ap24 proved. 


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1 (f) EFFORT OR SCHEME.—For purposes of this sec2 tion, ‘‘effort or scheme to assist or cause five or more per3 sons’’ does not require that the five or more persons enter, 

4 attempt to enter, prepare to enter, or travel at the same 

5 time so long as the acts are completed within one year. 

6 SEC. 3. STRATEGY TO COMBAT HUMAN SMUGGLING. 

7 (a) IN GENERAL.—Not later than one year after the 

8 date of the enactment of this Act, the Secretary of Home9 land Security shall implement a strategy to deter, detect, 

10 and interdict human smuggling across the international 

11 land and maritime borders of the United States. 

12 (b) COMPONENTS.—The strategy referred to in sub13 section (a) shall include, at a minimum, the following com14 ponents: 

15 (1) Efforts to increase coordination between the 

16 border and maritime security components of the De17 partment of Homeland Security. 

18 (2) An identification of intelligence gaps imped19 ing the ability to deter, detect, and interdict human 

20 smuggling across the international land and mari21 time borders of the United States. 

22 (3) Efforts to increase information sharing with 

23 State and local governments and other Federal 

24 agencies. 


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1 (4) Efforts to provide, in coordination with the 

2 Federal Law Enforcement Training Center, training 

3 for the border and maritime security components of 

4 the Department of Homeland Security to deter, de5 tect, and interdict human smuggling across the 

6 international land and maritime borders of the 

7 United States. 

8 (5) An identification of the high traffic areas of 

9 human smuggling along the international land and 

10 maritime borders of the United States. 

11 (c) REPORT.—Not later than 30 days after the imple12 mentation of the strategy referred to in subsection (a), 

13 the Secretary of Homeland Security shall submit to the 

14 Committee on Homeland Security of the House of Rep15 resentatives and the Committee on Homeland Security 

16 and Governmental Affairs of the Senate a report that de17 scribes such strategy, including the components described 

18 in subsection (b). If the Secretary determines that such 

19 is appropriate, such report may be submitted in classified 

20 form. 

21 (d) ANNUAL LIST OF HIGH TRAFFIC AREAS.—Not 

22 later than February 1 of every year beginning in the year 

23 after the date of the enactment of this Act, the Secretary 

24 of Homeland Security shall submit to the Committee on 

25 Homeland Security of the House of Representatives and 


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1 the Committee on Homeland Security and Governmental 

2 Affairs of the Senate a list of the high traffic areas of 

3 human smuggling referred to in subsection (b)(5). 

4 (e) HIGH TRAFFIC AREAS OF HUMAN SMUGGLING

5 DEFINED.—In this Act, the term ‘‘high traffic areas of 

6 human smuggling’’ means the United States ports of entry 

7 and areas between such ports that have the most human 

8 smuggling activity, as measured by U.S. Customs and 

9 Border Protection. 

10 SEC. 4. UNLAWFULLY HINDERING IMMIGRATION, BORDER, 

11 AND CUSTOMS CONTROLS. 

12 (a) ILLICIT SPOTTING.—Whoever knowingly trans13 mits to another person the location, movement, or activi14 ties of any Federal, State, or tribal law enforcement agen15 cy with the intent to further a Federal crime relating to 

16 United States immigration, customs, controlled sub17 stances, agriculture, monetary instruments, or other bor18 der controls shall be fined under title 18, United States 

19 Code, imprisoned not more than 10 years, or both. 

20 (b) DESTRUCTION OF UNITED STATES BORDER

21 CONTROLS.—Whoever knowingly and without lawful au22 thorization destroys, alters, or damages any fence, barrier, 

23 sensor, camera, or other physical or electronic device de24 ployed by the Federal Government to control the border 

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1 vate, or make any structure intended to defeat, circumvent 

2 or evade any such fence, barrier, sensor camera, or other 

3 physical or electronic device deployed by the Federal Gov4 ernment to control the border or a port of entry, shall 

5 be fined under title 18, United States Code, imprisoned 

6 not more than 10 years, or both, and if, at the time of 

7 the offense, the person uses or carries a firearm or, in 

8 furtherance of any such crime, possesses a firearm, that 

9 person shall be fined under title 18, United States Code, 

10 imprisoned not more than 20 years, or both. 

11 (c) CONSPIRACY AND ATTEMPT.—Any person who at12 tempts or conspires to violate subsection (a) or (b) shall 

13 be punished in the same manner as a person who com14 pletes a violation of such subsection. 

15 (d) PROHIBITING CARRYING OR USE OF A FIREARM

16 DURING AND IN RELATION TO AN ALIEN SMUGGLING

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

18 is amended— 

19 (1) in paragraph (1)— 

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

21 alien smuggling crime,’’ after ‘‘crime of vio22 lence’’ each place such term appears; and 

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

24 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio25 lence’’; and 


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

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

3 ‘alien smuggling crime’ means any felony punishable 

4 under section 274(a), 277, or 278 of the Immigra5 tion and Nationality Act (8 U.S.C. 1324(a), 1327, 

6 and 1328).’’. 

7 (e) STATUTE OF LIMITATIONS.—Section 3298 of title 

8 18, United States Code, is amended by inserting ‘‘, or 

9 under section 2 or subsection (a), (b), or (c) of section 

10 4 of the Human Smuggling Prevention Act of 2014,’’ after 

11 ‘‘Immigration and Nationality Act’’. 

Æ 


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