,,ii #aacth ,,congress #b;d ,session ,s4 #befa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjad ,mr4 ,mc,cain 7for himself and ,mr4 ,flake7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prevent organized human smuggling1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,human ,smuggling ,prevention ,act of #bjad4 #b4 ,organized human smuggling 7a7 ,definitions ,in this section3 7#a7 ,effort or scheme ,the term effort or scheme to assist or cause #e or more persons does not require that the #e or more persons enter1 attempt to enter1 prepare to enter1 or travel at the same time if such acts are completed during a #a-year period4 7#b7 ,lawful authority ,the term lawful authority-- 7,a7 means permission1 authorization1 or license that is expressly provided for under the immigration laws of the ,united ,states2 and 7,b7 does not include-- 7i7 any authority described in subparagraph 7,a7 that was secured by fraud or otherwise unlawfully obtained2 or 7ii7 any authority that was sought1 but not approved4 7b7 ,prohibited activities ,it shall be unlawful for any person1 while acting for profit or other financial gain1 to knowingly direct or participate in an effort or scheme to assist or cause #e or more persons 7other than a parent1 spouse1 or child of the offender7-- 7#a7 to enter1 attempt to enter1 or prepare to enter the ,united ,states-- 7,a7 by fraud1 falsehood1 or other corrupt means2 7,b7 at any place other than a port or place of entry designated by the ,secretary of ,homeland ,security2 or 7,c7 in a manner not prescribed by the immigration laws and regulations of the ,united ,states2 7#b7 to travel by air1 land1 or sea toward the ,united ,states 7whether directly or indirectly7-- 7,a7 knowing that the persons seek to enter or attempt to enter the ,united ,states without lawful authority2 and 7,b7 with the intent to aid or further such entry or attempted entry2 or 7#c7 to be transported or moved outside of the ,united ,states-- 7,a7 knowing that such persons are aliens in unlawful transit from #a country to another or on the high seas2 and 7,b7 under circumstances in which the persons are seeking to enter the ,united ,states without official permission or legal authority4 7c7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7b7 shall be punished in the same manner as a person who completes a violation of such subsection4 7d7 ,base penalty ,except as provided in subsection 7e71 any person who violates subsection 7b7 or 7c7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #bj years1 or both4 7e7 ,enhanced penalties ,any person who violates subsection 7b7 or 7c7-- 7#a7 in the case of a violation during and in relation to which a serious bodily injury 7as defined in section #acfe of title #ah1 ,united ,states ,code7 occurs to any person1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #cj years1 or both2 7#b7 in the case of a violation during and in relation to which the life of any person is placed in jeopardy1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #cj years1 or both2 7#c7 in the case of a violation involving #aj or more persons1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #cj years1 or both2 7#d7 in the case of a violation involving the bribery or corruption of a ,united ,states or foreign government official1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #cj years1 or both2 7#e7 in the case of a violation involving robbery or extortion 7as such terms are defined in paragraph 7#a7 or 7#b71 respectively1 of section #aiea7;b7 of title #ah1 ,united ,states ,code71 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #cj years1 or both2 7#f7 in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act 7as defined in section #bbdf7b7 of title #ah1 ,united ,states ,code71 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #cj years1 or both2 7#g7 in the case of a violation resulting in the death of any person1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for any term of years or for life1 or both2 7#h7 in the case of a violation in which any alien is confined or restrained1 including by the taking of clothing1 goods1 or personal identification documents1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not fewer than #e years and not more than #aj years1 or both2 7#i7 in the case of smuggling an unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b771 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #bj years4 #c4 ,strategy to combat human smuggling 7a7 ,defined term ,in this section1 the term high traffic areas of human smuggling means the ,united ,states ports of entry and areas between such ports that have the most human smuggling activity1 as measured by ,u4,s4 ,customs and ,border ,protection4 7b7 ,implementation ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall implement a strategy to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states4 7c7 ,components ,the strategy referred to in subsection 7b7 shall include1 at a minimum-- 7#a7 efforts to increase coordination between the border and maritime security components of the ,department of ,homeland ,security2 7#b7 an identification of intelligence gaps impeding the ability to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states2 7#c7 efforts to increase information sharing with ,state and local governments and other ,federal agencies2 7#d7 efforts to provide1 in coordination with the ,federal ,law ,enforcement ,training ,center1 training for the border and maritime security components of the ,department of ,homeland ,security to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states2 and 7#e7 the identification of the high traffic areas of human smuggling along the international land and maritime borders of the ,united ,states4 7d7 ,report ,not later than #cj days after the implementation of the strategy under subsection 7b71 the ,secretary of ,homeland ,security shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that describes such strategy1 including the components described in subsection 7c74 ,the ,secretary may submit the report required under this subsection in classified form if the ,secretary determines such form is appropriate4 7e7 ,annual list of high traffic areas ,not later than ,february #ast of the first year beginning after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit a list of the high traffic areas of human smuggling referred to in subsection 7c77#e7 to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 #d4 ,unlawfully hindering immigration1 border1 and customs controls 7a7 ,illicit spotting ,any person who knowingly transmits to another person the location1 movement1 or activities of any ,federal1 ,state1 or tribal law enforcement agency with the intent to further a ,federal crime relating to ,united ,states immigration1 customs1 controlled substances1 agriculture1 monetary instruments1 or other border controls shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both4 7b7 ,destruction of ,united ,states border controls ,any person who knowingly and without lawful authorization destroys1 alters1 or damages any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry1 or otherwise seeks to construct1 excavate1 or make any structure intended to defeat1 circumvent or evade any such fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry-- 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both2 and 7#b7 if1 at the time of the offense1 the person uses or carries a firearm or1 in furtherance of any such crime1 possesses a firearm1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #bj years1 or both4 7c7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 or 7b7 shall be punished in the same manner as a person who completes a violation of such subsection4 7d7 ,prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by inserting 1 alien smuggling crime1 after crime of violence each place such term appears2 and 7,b7 in subparagraph 7,d77ii71 by inserting 1 alien smuggling crime1 after crime of violence2 and 7#b7 by adding at the end the following3 7#f7 ,for purposes of this subsection1 the term alien smuggling crime means any felony punishable under section #bgd7;a71 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a71 #acbg1 and #acbh74 4 7e7 ,statute of limitations ,section #cbih of title #ah1 ,united ,states ,code1 is amended by striking or under and inserting 1 under section #b or subsection 7a71 7b71 or 7c7 of section #d of the ,human ,smuggling ,prevention ,act of #bjad1 or under4