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 Com-
mittee 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 jurisdic-
tion of the committee concerned 
A BILL 
To prevent organized human smuggling, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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) PROHIBITED ACTIVITIES.—Whoever, while acting 
for profit or other financial gain, knowingly directs or par-
ticipates in an effort or scheme to assist or cause five or 
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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 Home-
land Security; or 
(C) in a manner not prescribed by the im-
migration laws and regulations of the United 
States; or 
(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 one country to another 
or on the high seas; and 
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(B) under circumstances in which the per-
sons are in fact seeking to enter the United 
States without official permission or legal au-
thority; 
shall be punished as provided in subsection (c) or 
(d). 
(b) CONSPIRACY AND ATTEMPT.—Any person who 
attempts or conspires to violate subsection (a) of this sec-
tion shall be punished in the same manner as a person 
who completes a violation of such subsection. 
(c) BASE PENALTY.—Except as provided in sub-
section (d), any person who violates subsection (a) or (b) 
shall be fined under title 18, United States Code, impris-
oned for not more than 20 years, or both. 
(d) ENHANCED PENALTIES.—Any person who vio-
lates subsection (a) or (b) shall— 
(1) in the case of a violation during and in rela-
tion to which a serious bodily injury (as such term 
is defined in section 1365 of title 18, United States 
Code) occurs to any person, 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 rela-
tion to which the life of any person is placed in jeop-
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ardy, 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 ten or 
more persons, 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 brib-
ery or corruption of a United States or foreign gov-
ernment official, 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) 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 rela-
tion to which any person is subjected to an involun-
tary sexual act (as such term is defined in section 
2246(2) of title 18, United States Code), 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, be fined under title 18, United 
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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, 
be fined under title 18, United States Code, impris-
oned not fewer than five years and not more than 
ten years, or both; 
(9) in the case of smuggling an unaccompanied 
alien child (as such term is defined in paragraph (2) 
of section 462(g) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)), be fined under title 18, 
United States Code, imprisoned not more than 20 
years. 
(e) LAWFUL AUTHORITY DEFINED.—In this section, 
the term ‘‘lawful authority’’— 
(1) means permission, authorization, or license 
that is expressly provided for in the immigration 
laws of the United States or accompanying regula-
tions; and 
(2) does not include any such authority secured 
by fraud or otherwise obtained in violation of law, 
nor does it include authority sought, but not ap-
proved. 
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(f) EFFORT OR SCHEME.—For purposes of this sec-
tion, ‘‘effort or scheme to assist or cause five or more per-
sons’’ does not require that the five or more persons enter, 
attempt to enter, prepare to enter, or travel at the same 
time so long as the acts are completed within one year. 
SEC. 3. STRATEGY TO COMBAT HUMAN SMUGGLING. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall implement a strategy to deter, detect, 
and interdict human smuggling across the international 
land and maritime borders of the United States. 
(b) COMPONENTS.—The strategy referred to in sub-
section (a) shall include, at a minimum, the following com-
ponents: 
(1) Efforts to increase coordination between the 
border and maritime security components of the De-
partment of Homeland Security. 
(2) An identification of intelligence gaps imped-
ing the ability to deter, detect, and interdict human 
smuggling across the international land and mari-
time borders of the United States. 
(3) Efforts to increase information sharing with 
State and local governments and other Federal 
agencies. 
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