H.R. 4472 — Stop COYOTES Act

This section establishes 18 U.S.C. §2251B, which imposes an additional consecutive term of imprisonment of up to 10 years for committing a felony offense involving a minor (i.e., an individual under age 18) under specified sections—such as kidnapping (1201), child sexual exploitation (2251, 2251A), and sex trafficking (1591, 2421-2423)—within 1,000 feet of a public or private school, school-sponsored activity, playground, or public housing or within 100 feet of a youth center, public park, public playground, public swimming pool, or video arcade facility. (Thus, the additional penalty runs consecutively to any sentence imposed for the underlying offense.)

This section increases maximum fines under 21 U.S.C. 841(b)(1)—which sets mandatory minimum and maximum prison terms and fines for manufacturing, distributing, or possessing with intent to distribute controlled substances based on type and quantity—for violations involving 400 grams or more of fentanyl (i.e., N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) or 100 grams or more of a fentanyl analogue as follows: (1) in subparagraph (A) (10 years to life imprisonment), to $15 million (from $10 million) for individuals and $75 million (from $50 million) for other persons if no death or serious bodily injury results, and to $30 million (from $20 million) for individuals and $112.5 million (from $75 million) for other persons if death or serious bodily injury results; and (2) in subparagraph (B) (5 to 40 years imprisonment), to $7.5 million (from $5 million) for individuals and $37.5 million (from $25 million) for other persons if no death or serious bodily injury results, and to $12 million (from $8 million) for individuals and $75 million (from $50 million) for other persons if death or serious bodily injury results.

This section directs the Secretary of Homeland Security to ensure that the Director of U.S. Immigration and Customs Enforcement (ICE) and the Commissioner of U.S. Customs and Border Protection (CBP) share specified border-related enforcement information with each other and with (1) state law enforcement agencies in states along a U.S. land border and (2) local law enforcement agencies serving jurisdictions within 100 miles of a U.S. land border. It further requires the Secretary to submit reports to Congress on that information collected by ICE and CBP during the prior 180-day period, beginning 180 days after enactment and every 180 days thereafter. The specified information covers (1) unlawful alien entries along the U.S. southern border, (2) severe forms of human trafficking and sex trafficking (as defined in the Trafficking Victims Protection Act of 2000), including cases involving victims smuggled from Mexico, (3) alien smuggling (as described in the Immigration and Nationality Act), (4) kidnapping of aliens abroad for smuggling or trafficking into the United States, (5) abuse and assault of aliens by traffickers and smugglers, (6) smuggling of controlled substances (as defined in the Controlled Substances Act) and firearms (as defined in 18 U.S.C. §921), and (7) involvement of gangs and transnational criminal organizations in such activities.