text: 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 participates in an effort or 
  scheme to assist or cause five or 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 Homeland Security; 
                  or
                      (C) in a manner not prescribed by the immigration 
                  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
                      (B) under circumstances in which the persons are in 
                  fact seeking to enter the United States without 
                  official permission or legal authority;
          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 section shall be punished in the same 
  manner as a person who completes a violation of such subsection.
      (c) Base Penalty.--Except as provided in subsection (d), any person 
  who violates subsection (a) or (b) shall be fined under title 18, 
  United States Code, imprisoned for not more than 20 years, or both.
      (d) Enhanced Penalties.--Any person who violates subsection (a) or 
  (b) shall--
              (1) in the case of a violation during and in relation 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 relation to 
          which the life of any person is placed in jeopardy, 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 bribery or 
          corruption of a United States or foreign government 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 relation to 
          which any person is subjected to an involuntary 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 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, imprisoned 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 regulations; 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 approved.
      (f) Effort or Scheme.--For purposes of this section, ``effort or 
  scheme to assist or cause five or more persons'' 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 Homeland 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 subsection (a) shall 
  include, at a minimum, the following components:
              (1) Efforts to increase coordination between the border and 
          maritime security components of the Department of Homeland 
          Security.
              (2) An identification of intelligence gaps impeding the 
          ability to deter, detect, and interdict human smuggling across 
          the international land and maritime borders of the United 
          States.
              (3) Efforts to increase information sharing with State and 
          local governments and other Federal agencies.
              (4) Efforts to provide, in coordination with the Federal 
          Law Enforcement Training Center, training for the border and 
          maritime security components of the Department of Homeland 
          Security to deter, detect, and interdict human smuggling across 
          the international land and maritime borders of the United 
          States.
              (5) An identification of the high traffic areas of human 
          smuggling along the international land and maritime borders of 
          the United States.
      (c) Report.--Not later than 30 days after the implementation of the 
  strategy referred to in subsection (a), the Secretary of Homeland 
  Security shall submit to the Committee on Homeland Security of the 
  House of Representatives and the Committee on Homeland Security and 
  Governmental Affairs of the Senate a report that describes such 
  strategy, including the components described in subsection (b). If the 
  Secretary determines that such is appropriate, such report may be 
  submitted in classified form.
      (d) Annual List of High Traffic Areas.--Not later than February 1 
  of every year beginning in the year after the date of the enactment of 
  this Act, the Secretary of Homeland Security shall submit to the 
  Committee on Homeland Security of the House of Representatives and the 
  Committee on Homeland Security and Governmental Affairs of the Senate a 
  list of the high traffic areas of human smuggling referred to in 
  subsection (b)(5).
      (e) High Traffic Areas of Human Smuggling Defined.--In this Act, 
  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 activity, as measured by U.S. Customs and Border 
  Protection.
  
  SEC. 4. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
  
      (a) Illicit Spotting.--Whoever knowingly transmits to another 
  person the location, movement, or activities of any Federal, State, 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.--Whoever 
  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, 
  shall be fined under title 18, United States Code, imprisoned not more 
  than 10 years, or both, and if, at the time of the offense, the person 
  uses or carries a firearm or, in furtherance of any such crime, 
  possesses a firearm, that person shall be fined under title 18, United 
  States Code, 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.
      (d) 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 such 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).''.
      (e) Statute of Limitations.--Section 3298 of title 18, United 
  States Code, is amended by inserting ``, or under section 2 or 
  subsection (a), (b), or (c) of section 4 of the Human Smuggling 
  Prevention Act of 2014,'' after ``Immigration and Nationality Act''.
target: Human Smuggling Prevention Act of 2014 - Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring five or more persons unlawfully into the United States.  Establishes monetary and/or prison penalties for such actions. Prescribes increased penalties for actions that: (1) result in death or serious bodily injury; (2) place a life in jeopardy; or (3) involve bribery of a government official, robbery, sexual abuse, or 10 or more persons. Directs the Secretary of Homeland Security (DHS) to: (1) implement a strategy to deter and interdict human smuggling across the international land and maritime borders of the United States, and (2) submit an annual list to Congress of high traffic areas of human smuggling. Makes it a crime to: (1) transmit to another person the location, movement, or activities of law enforcement agents with the intent to further a federal crime relating to immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls; and (2) destroy, alter, or damage any physical or electronic device used by the federal government to control the border or any port of entry.  Prohibits the carrying or use of a firearm in an alien smuggling crime.
feat_title: Human Smuggling Prevention Act of 2014