381 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this division is further amended by inserting 
after the item relating to section 437 the following new 
items: 
‘‘Sec. 438. Social media screening. 
‘‘Sec. 439. Open source screening.’’. 
TITLE 
IV—TRANSNATIONAL 
CRIMINAL ORGANIZATION IL-
LICIT SPOTTER PREVENTION 
AND ELIMINATION 
SEC. 4101. SHORT TITLE. 
This title may be cited as the ‘‘Transnational Crimi-
nal Organization Illicit Spotter Prevention and Elimi-
nation Act’’. 
SEC. 4102. UNLAWFULLY HINDERING IMMIGRATION, BOR-
DER, AND CUSTOMS CONTROLS. 
(a) BRINGING
IN
AND HARBORING
OF CERTAIN 
ALIENS.—Section 274(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)) is amended— 
(1) in subsection (a)(2), by striking ‘‘brings to 
or attempts to’’ and inserting the following: ‘‘brings 
to or attempts or conspires to’’; and 
(2) by adding at the end the following: 
‘‘(5) In the case of a person who has brought 
aliens into the United States in violation of this sub-
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382 
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(b) AIDING
OR ASSISTING CERTAIN ALIENS TO 
ENTER THE UNITED STATES.—Section 277 of the Immi-
gration and Nationality Act (8 U.S.C. 1327) is amend-
ed— 
(1) by inserting after ‘‘knowingly aids or as-
sists’’ the following: ‘‘or attempts to aid or assist’’; 
and 
(2) by adding at the end the following: ‘‘In the 
case of a person convicted of an offense under this 
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(c) DESTRUCTION OF UNITED STATES BORDER CON-
TROLS.—Section 1361 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘If the damage’’ and inserting 
the following: 
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383 
‘‘(1) Except as otherwise provided in this sec-
tion, if the damage’’; and 
(2) by adding at the end the following: 
‘‘(2) If the injury or depredation was made or 
attempted against any fence, barrier, sensor, cam-
era, or other physical or electronic device deployed 
by the Federal Government to control the border or 
a port of entry or otherwise was intended to con-
struct, 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, by a fine under this title 
or imprisonment for not more than 15 years, or 
both. 
‘‘(3) If the injury or depredation was described 
under paragraph (2) and, in the commission of the 
offense, the offender used or carried a firearm or, in 
furtherance of any such offense, possessed a firearm, 
by a fine under this title or imprisonment for not 
more than 20 years, or both.’’. 
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384 
DIVISION 
D—LAWFUL 
STATUS 
FOR 
CERTAIN 
CHILDHOOD 
ARRIVALS 
SEC. 1101. DEFINITIONS. 
In this division: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, the terms used in this division have 
the meanings given such terms in subsections (a) 
and (b) of section 101 of the Immigration and Na-
tionality Act (8 U.S.C. 1101). 
(2) CONTINGENT
NONIMMIGRANT.—The term 
‘‘contingent nonimmigrant’’ means an alien who is 
granted contingent nonimmigrant status under this 
division. 
(3) EDUCATIONAL
INSTITUTION.—The term 
‘‘educational institution’’ means— 
(A) an institution that is described in sec-
tion 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a)) or is a proprietary 
institution of higher education (as defined in 
section 102(b) of such Act (20 U.S.C. 
1002(b))); 
(B) an elementary, primary, or secondary 
school within the United States; or 
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385 
(C) an educational program assisting stu-
dents either in obtaining a high school equiva-
lency diploma, certificate, or its recognized 
equivalent under State law, or in passing a 
General Educational Development exam or 
other equivalent State-authorized exam or other 
applicable State requirements for high school 
equivalency. 
(4) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(5) SEXUAL ASSAULT OR HARASSMENT.—The 
term ‘‘sexual assault or harassment’’ means— 
(A) conduct engaged in by an alien 18 
years of age or older, which consists of unwel-
come sexual advances, requests for sexual fa-
vors, or other verbal or physical conduct of a 
sexual nature, and— 
(i) submission to such conduct is 
made either explicitly or implicitly a term 
or condition of an individual’s employment; 
(ii) submission to or rejection of such 
conduct by an individual is used as the 
basis for employment decisions affecting 
such individual; or 
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386 
(iii) such conduct has the purpose or 
effect of creating an intimidating, hostile, 
or offensive environment; 
(B) conduct constituting a criminal offense 
of rape, as described in section 101(a)(43)(A) 
of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)(A)); 
(C) conduct constituting a criminal offense 
of statutory rape, or any offense of a sexual na-
ture involving a victim under the age of 18 
years, as described in section 101(a)(43)(A) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(43)(A)); 
(D) sexual conduct with a minor who is 
under 14 years of age, or with a minor under 
16 years of age where the alien was at least 4 
years older than the minor; 
(E) conduct punishable under section 2251 
or 2251A (relating to the sexual exploitation of 
children and the selling or buying of children), 
or section 2252 or 2252A (relating to certain 
activities relating to material involving the sex-
ual exploitation of minors or relating to mate-
rial constituting or containing child pornog-
raphy) of title 18, United States Code; or 
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