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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2561 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2561

     To prevent organized human smuggling, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2014

 Mr. McCain (for himself and Mr. Flake) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To prevent organized human smuggling, 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 ``Human Smuggling Prevention Act of 
2014''.

SEC. 2. ORGANIZED HUMAN SMUGGLING.

    (a) Definitions.--In this section:
            (1) Effort or scheme.--The term ``effort or scheme to 
        assist or cause 5 or more persons'' does not require that the 5 
        or more persons enter, attempt to enter, prepare to enter, or 
        travel at the same time if such acts are completed during a 1-
        year period.
            (2) Lawful authority.--The term ``lawful authority''--
                    (A) means permission, authorization, or license 
                that is expressly provided for under the immigration 
                laws of the United States; and
                    (B) does not include--
                            (i) any authority described in subparagraph 
                        (A) that was secured by fraud or otherwise 
                        unlawfully obtained; or
                            (ii) any authority that was sought, but not 
                        approved.
    (b) Prohibited Activities.--It shall be unlawful for any person, 
while acting for profit or other financial gain, to knowingly direct or 
participate in an effort or scheme to assist or cause 5 or more persons 
(other than a parent, spouse, or child of the offender)--
            (1) to enter, attempt to enter, or prepare to enter the 
        United States--
                    (A) by fraud, falsehood, or other corrupt means;
                    (B) at any place other than a port or place of 
                entry designated by the Secretary of Homeland Security; 
                or
                    (C) in a manner not prescribed by the immigration 
                laws and regulations of the United States;
            (2) to travel by air, land, or sea toward the United States 
        (whether directly or indirectly)--
                    (A) knowing that the persons seek to enter or 
                attempt to enter the United States without lawful 
                authority; and
                    (B) with the intent to aid or further such entry or 
                attempted entry; or
            (3) to be transported or moved outside of the United 
        States--
                    (A) knowing that such persons are aliens in 
                unlawful transit from 1 country to another or on the 
                high seas; and
                    (B) under circumstances in which the persons are 
                seeking to enter the United States without official 
                permission or legal authority.
    (c) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (b) shall be punished in the same manner as a 
person who completes a violation of such subsection.
    (d) Base Penalty.--Except as provided in subsection (e), any person 
who violates subsection (b) or (c) shall be fined under title 18, 
United States Code, imprisoned for not more than 20 years, or both.
    (e) Enhanced Penalties.--Any person who violates subsection (b) or 
(c)--
            (1) in the case of a violation during and in relation to 
        which a serious bodily injury (as defined in section 1365 of 
        title 18, United States Code) occurs to any person, shall be 
        fined under title 18, United States Code, imprisoned for not 
        more than 30 years, or both;
            (2) in the case of a violation during and in relation to 
        which the life of any person is placed in jeopardy, shall be 
        fined under title 18, United States Code, imprisoned for not 
        more than 30 years, or both;
            (3) in the case of a violation involving 10 or more 
        persons, shall be fined under title 18, United States Code, 
        imprisoned for not more than 30 years, or both;
            (4) in the case of a violation involving the bribery or 
        corruption of a United States or foreign government official, 
        shall be fined under title 18, United States Code, imprisoned 
        for not more than 30 years, or both;
            (5) in the case of a violation involving robbery or 
        extortion (as such terms are defined in paragraph (1) or (2), 
        respectively, of section 1951(b) of title 18, United States 
        Code), shall be fined under title 18, United States Code, 
        imprisoned for not more than 30 years, or both;
            (6) in the case of a violation during and in relation to 
        which any person is subjected to an involuntary sexual act (as 
        defined in section 2246(2) of title 18, United States Code), 
        shall be fined under title 18, United States Code, imprisoned 
        for not more than 30 years, or both;
            (7) in the case of a violation resulting in the death of 
        any person, shall be fined under title 18, United States Code, 
        imprisoned for any term of years or for life, or both;
            (8) in the case of a violation in which any alien is 
        confined or restrained, including by the taking of clothing, 
        goods, or personal identification documents, shall be fined 
        under title 18, United States Code, imprisoned not fewer than 5 
        years and not more than 10 years, or both;
            (9) in the case of smuggling an unaccompanied alien child 
        (as defined in section 462(g)(2) of the Homeland Security Act 
        of 2002 (6 U.S.C. 279(g)(2)), shall be fined under title 18, 
        United States Code, or imprisoned not more than 20 years.

SEC. 3. STRATEGY TO COMBAT HUMAN SMUGGLING.

    (a) Defined Term.--In this section, the term ``high traffic areas 
of human smuggling'' means the United States ports of entry and areas 
between such ports that have the most human smuggling activity, as 
measured by U.S. Customs and Border Protection.
    (b) Implementation.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
implement a strategy to deter, detect, and interdict human smuggling 
across the international land and maritime borders of the United 
States.
    (c) Components.--The strategy referred to in subsection (b) shall 
include, at a minimum--
            (1) efforts to increase coordination between the border and 
        maritime security components of the Department of Homeland 
        Security;
            (2) an identification of intelligence gaps impeding the 
        ability to deter, detect, and interdict human smuggling across 
        the international land and maritime borders of the United 
        States;
            (3) efforts to increase information sharing with State and 
        local governments and other Federal agencies;
            (4) efforts to provide, in coordination with the Federal 
        Law Enforcement Training Center, training for the border and 
        maritime security components of the Department of Homeland 
        Security to deter, detect, and interdict human smuggling across 
        the international land and maritime borders of the United 
        States; and
            (5) the identification of the high traffic areas of human 
        smuggling along the international land and maritime borders of 
        the United States.
    (d) Report.--Not later than 30 days after the implementation of the 
strategy under subsection (b), the Secretary of Homeland Security shall 
submit a report to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives that describes such strategy, including the 
components described in subsection (c). The Secretary may submit the 
report required under this subsection in classified form if the 
Secretary determines such form is appropriate.
    (e) Annual List of High Traffic Areas.--Not later than February 1st 
of the first year beginning after the date of the enactment of this Act 
and annually thereafter, the Secretary of Homeland Security shall 
submit a list of the high traffic areas of human smuggling referred to 
in subsection (c)(5) to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (2) the Committee on Homeland Security of the House of 
        Representatives.

SEC. 4. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    (a) Illicit Spotting.--Any person who knowingly transmits to 
another person the location, movement, or activities of any Federal, 
State, 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; and
            (2) if, at the time of the offense, the person uses or 
        carries a firearm or, in furtherance of any such crime, 
        possesses a firearm, shall be fined under title 18, United 
        States Code, 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.
    (d) 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 such 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).''.
    (e) Statute of Limitations.--Section 3298 of title 18, United 
States Code, is amended by striking ``or under'' and inserting ``, 
under section 2 or subsection (a), (b), or (c) of section 4 of the 
Human Smuggling Prevention Act of 2014, or under''.
                                 <all>
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