A bill to reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border by deterring the construction and use of border tunnels.

Summary: Border Tunnel Prevention Act of 2011 - Amends the federal criminal code to: (1) subject anyone who attempts or conspires to construct or finance construction of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country, to use such a tunnel for smuggling, or to disregard such construction or use, to the penalties prescribed for someone who commits such an offense; (2) make such a border tunnel offense a predicate offense for a money laundering violation and for authorization for interception of wire, oral, or electronic communications; and (3) provide for the criminal forfeiture of proceeds of such an offense and the seizure and forfeiture of merchandise introduced into the United States through such a tunnel.

Encourages the Secretary of Homeland Security (DHS) to annually provide each known nongovernmental owner and tenant of land located in a national security zone with a written notification that describes federal laws related to the construction of illegal border tunnels and the procedures for reporting violations of such laws to United States Immigration and Customs Enforcement (ICE). Defines: (1) "national security zone" as any Southwest Border land designated by the Secretary as being at a high risk for border tunnel activity; and (2) "Southwest Border land" as all parcels of real property in the United States that are located within one mile of the U.S.-Mexico international border and that are not owned by a federal, state, tribal, or local government entity.

Requires the Secretary to submit an annual report describing: (1) cross border tunnels discovered in Southwest Border land; and (2) DHS needs to effectively prevent, investigate, and prosecute border tunnel construction on such land.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Tunnel Prevention Act of 
2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As the international border between the United States 
        and Mexico becomes more secure, trafficking and smuggling 
        organizations intensify their efforts to enter the United 
        States by increasing the number of tunnels and other 
        subterranean passages between Mexico and the United States.
            (2) Border tunnels are most often used to transport 
        narcotics from Mexico to the United States, but can also be 
        used to transport people and other contraband.
            (3) Between May 1990 and May 2011, law enforcement 
        authorities discovered 137 tunnels, 125 of which have been 
        discovered since September 2001. While law enforcement 
        authorities discovered only 2 tunnels in California between 
        1990 and 2001, there has been a dramatic increase in the number 
        of border tunnels discovered in California since 2001.
            (4) Section 551 of the Department of Homeland Security 
        Appropriations Act, 2007 (Public Law 109-295) added a new 
        section to title 18, United States Code (18 U.S.C. 555), 
        which--
                    (A) criminalizes the construction or financing of 
                an unauthorized tunnel or subterranean passage across 
                an international border into the United States; and
                    (B) prohibits any person from recklessly permitting 
                others to construct or use an unauthorized tunnel or 
                subterranean passage on the person's land.
            (5) Any person convicted of using a tunnel or subterranean 
        passage to smuggle aliens, weapons, drugs, terrorists, or 
        illegal goods is subject to an enhanced sentence for the 
        underlying offense. Additional sentence enhancements would 
        further deter tunnel activities and increase prosecutorial 
        options.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) National security zone.--The term ``national security 
        zone'' means any Southwest Border land designated by the 
        Secretary as being at a high risk for border tunnel activity, 
        as authorized under section 8(b).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) Southwest border land.--The term ``Southwest Border 
        land'' means all parcels of real property in the United States 
        that--
                    (A) are located within 1 mile of the international 
                border between the United States and Mexico; and
                    (B) are not owned by a Federal, State, tribal, or 
                local government entity.

SEC. 4. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR FINANCE A BORDER 
              TUNNEL.

    Section 555 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Any person who attempts or conspires to commit any offense 
under this section shall be subject to the same penalties as those 
prescribed for the offense, the commission of which was the object of 
the attempt or conspiracy.''.

SEC. 5. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC 
              COMMUNICATIONS.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
inserting ``, section 555 (relating to construction or use of 
international border tunnels)'' before the semicolon at the end.

SEC. 6. FORFEITURE.

    (a) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United 
States Code, is amended by inserting ``555,'' after ``545,''.
    (b) Civil Asset Forfeiture.--Any merchandise introduced into the 
United States through a tunnel or passage described in section 555(a) 
of title 18, United States Code, shall be subject to seizure and 
forfeiture in accordance with section 596(c) of the Tariff Act of 1930 
(19 U.S.C. 1595a(c)).

SEC. 7. MONEY LAUNDERING DESIGNATION.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``section 555 (relating to border tunnels),'' after 
``section 554 (relating to smuggling goods from the United States),''.

SEC. 8. NOTIFICATION REQUIREMENTS.

    (a) Notification to Land Owners.--The Secretary is encouraged to 
annually provide each known nongovernmental owner and tenant of land 
located in a national security zone with a written notification that 
describes--
            (1) Federal laws related to the construction of illegal 
        border tunnels; and
            (2) the procedures for reporting violations of such laws to 
        U.S. Immigration and Customs Enforcement.
    (b) Designation of Border Tunnel High Risk Areas.--
            (1) In general.--The Secretary may designate any Southwest 
        Border land that the Secretary has a substantial reason to 
        believe is at a high risk for border tunnel activity as a 
        national security zone.
            (2) Publication.--The Secretary shall--
                    (A) publish any designations made under paragraph 
                (1) in the Federal Register; and
                    (B) allow appropriate notice and comment in 
                accordance with the chapter 5 of title 5, United States 
                Code (commonly referred to as the ``Administrative 
                Procedures Act'').
    (c) Rulemaking.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to 
carry out this section.

SEC. 9. REPORT.

    (a) In General.--The Secretary shall submit an annual report to the 
congressional committees set forth in subsection (b) that includes a 
description of--
            (1) the cross border tunnels in Southwest Border land 
        discovered during the reporting period; and
            (2) the needs of the Department of Homeland Security to 
        effectively prevent, investigate and prosecute border tunnel 
        construction on Southwest Border land.
    (b) Congressional Committees.--The congressional committees set 
forth in this subsection are--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Appropriations of the Senate;
            (4) the Committee on Homeland Security of the House of 
        Representatives;
            (5) the Committee on the Judiciary of the House of 
        Representatives; and
            (6) the Committee on Appropriations of the House of 
        Representatives.

            Passed the Senate January 30, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 1236

_______________________________________________________________________

                                 AN ACT

   To reduce the trafficking of drugs and to prevent human smuggling 
 across the Southwest Border by deterring the construction and use of 
                            border tunnels.