S.Amdt. 3408

SA 3408. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 524, to authorize the Attorney General to award
grants to address the national epidemics of prescription opioid abuse
and heroin use; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. 705. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND
CUSTOMS CONTROLS.

(a) Short Title.--This section may be cited as the
``Transnational Criminal Organization Illicit Spotter
Prevention and Elimination Act''.
(b) 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:

``SEC. 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,
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, 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 who, in furtherance of any such crime,
possesses a firearm, that person shall be fined under 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 is amended by
inserting after the item relating to section 294 the
following:

``Sec. 295. Unlawfully hindering immigration, border, and customs
controls.''.
(c) 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''; 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).''.
(d) Statute of Limitations.--Section 3298 of title 18,
United States Code, is amended by inserting ``, 295, 296, or
297'' after ``274(a)''.
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