II 118th CONGRESS 1st Session S. 374 IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Ernst (for herself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes.

1. Short title This Act may be cited as the Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act . 2. Unlawfully hindering immigration, border, and customs controls (a) Enhanced penalties (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: 295. Unlawfully hindering immigration, border, 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 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; 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 completes a violation of such subsection. . (2) Clerical amendment The table of contents in the first section of the Immigration and Nationality 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 violence each place that term appears; and (B) in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence ; (2) by striking paragraphs (2) through (4); (3) by redesignating paragraph (5) as paragraph (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 person, regardless of whether the firearm is directly visible to such person; (C) the term crime of violence means an offense that— (i) is a felony; and (ii) (I) has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another; or (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 Substances 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 striking 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)— (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 section 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 .