(1) IN GENERAL.—Chapter 9 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1351 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR-
DER, AND CUSTOMS CONTROLS. 
‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 
transmits, by any means, to another person the location, 
movement, or activities of any Federal, State, local, or 
tribal law enforcement agency with the intent to further 
a Federal crime relating to United States immigration, 
customs, controlled substances, agriculture, monetary in-
struments, 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 law-
ful authorization destroys, alters, or damages any fence, 
barrier, sensor, camera, or other physical or electronic de-
vice 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, cir-
cumvent, or evade any such fence, barrier, sensor camera, 
or other physical or electronic device deployed by the Fed-
eral Government to control the border or a port of entry— 
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‘‘(1) shall be fined under title 18, United States 
Code, imprisoned not more than 10 years, or both; 
or 
‘‘(2) if, at the time of the offense, the person 
uses or carries a firearm or who, in furtherance of 
any such crime, possesses a firearm, shall be fined 
under such title 18, 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 com-
pletes a violation of such subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section of the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) is amended by 
inserting after the item relating to section 294 the 
following: 
‘‘Sec. 295. Unlawfully hindering immigration, border, and customs controls.’’. 
(b) 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 vio-
lence’’ each place that term appears; and 
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(B) in subparagraph (D)(ii), by inserting 
‘‘, alien smuggling crime,’’ after ‘‘crime of vio-
lence’’; 
(2) by striking paragraphs (2) through (4); 
(3) by redesignating paragraph (5) as para-
graph (2); and 
(4) by adding at the end the following: 
‘‘(3) In this subsection— 
‘‘(A) 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); 
‘‘(B) the term ‘brandish’ means, with respect to 
a firearm, to display all or part of the firearm, or 
otherwise make the presence of the firearm known 
to another person, in order to intimidate that per-
son, regardless of whether the firearm is directly 
visible to such person; 
‘‘(C) the term ‘crime of violence’ means an of-
fense that— 
‘‘(i) is a felony; and 
‘‘(ii)(I) has, as an element, the use, at-
tempted use, or threatened use of physical force 
against the person or property of another; or 
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‘‘(II) by its nature, involves a substantial 
risk that physical force against the person or 
property of another may be used in the course 
of committing the offense. 
‘‘(D) the term ‘drug trafficking crime’ means 
any felony punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 
et seq.), or chapter 705 of title 46.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) BANKRUPTCY CODE.—Section 707(c)(1)(B) 
of title 11, United States Code, is amended by strik-
ing ‘‘section 924(c)(2)’’ and inserting ‘‘section 
924(c)(3)(D)’’. 
(2) CRIMINAL CODE.—Title 18, United States 
Code, is amended— 
(A) in section 844(o)— 
(i) by striking ‘‘section 924(c)(3)’’ 
and inserting ‘‘section 924(c)(3)(C)’’; and 
(ii) by striking ‘‘section 924(c)(2)’’ 
and inserting ‘‘section 924(c)(3)(D)’’; 
(B) in section 1028(b)(3)(B), by striking 
‘‘section 924(c)(3)’’ and inserting ‘‘section 
924(c)(3)(C)’’; and 
(C) in section 4042(b)(3)— 
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(i) in subparagraph (A), by striking 
‘‘section 924(c)(2)’’ and inserting ‘‘section 
924(c)(3)(D)’’; and 
(ii) in subparagraph (B), by striking 
‘‘section 924(c)(3)’’ and inserting ‘‘section 
924(c)(3)(C)’’. 
(3) PRISONS.—Section 3(1) of the Interstate 
Transportation of Dangerous Criminals Act of 2000 
(34 U.S.C. 60102(1)) is amended by striking ‘‘sec-
tion 
924(c)(3)’’ 
and 
inserting 
‘‘section 
924(c)(3)(C)’’. 
(d) STATUTE OF LIMITATIONS.—Section 3298 of title 
18, United States Code, is amended— 
(1) by inserting ‘‘or 295’’ after ‘‘274(a)’’; and 
(2) by inserting ‘‘(8 U.S.C. 1324(a) and 
1363b)’’ after ‘‘Immigration and Nationality Act’’. 
Æ 
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