IB 

Union Calendar No. 288 

112TH CONGRESS 

2D SESSION H. R. 4119 

[Report No. 112–418, Part I] 

To reduce the trafficking of drugs and to prevent human smuggling across 

the Southwest Border by deterring the construction and use of border tunnels. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2012 

Mr. REYES (for himself, Mr. QUAYLE, Mr. DREIER, and Mr. THOMPSON of 

Mississippi) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and 

Means and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

MARCH 21, 2012 

Reported from the Committee on the Judiciary 

MARCH 21, 2012 

The Committees on Ways and Means and Homeland Security discharged; 

committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 


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•HR 4119 RH

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. 


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•HR 4119 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Tunnel Preven5 tion Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Trafficking and smuggling organizations are 

9 intensifying their efforts to enter the United States 

10 through tunnels and other subterranean passages 

11 between Mexico and the United States. 

12 (2) Border tunnels are most often used to 

13 transport narcotics from Mexico to the United 

14 States, but can also be used to transport people and 

15 other contraband. 

16 (3) From Fiscal Year 1990 to Fiscal Year 

17 2011, law enforcement authorities discovered 149 

18 cross-border tunnels along the border between Mex19 ico and the United States, 139 of which have been 

20 discovered since Fiscal Year 2001. There has been 

21 a dramatic increase in the number of cross-border 

22 tunnels discovered in Arizona and California since 

23 Fiscal Year 2006, with 40 tunnels discovered in 

24 California and 74 tunnels discovered in Arizona. 


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1 (4) Section 551 of the Department of Home2 land Security Appropriations Act, 2007 (Public Law 

3 109–295) added a new section to title 18, United 

4 States Code (18 U.S.C. 555), which— 

5 (A) criminalizes the construction or financ6 ing of an unauthorized tunnel or subterranean 

7 passage across an international border into the 

8 United States; and 

9 (B) prohibits any person from recklessly 

10 permitting others to construct or use an unau11 thorized tunnel or subterranean passage on the 

12 person’s land. 

13 (5) Any person convicted of using a tunnel or 

14 subterranean passage to smuggle aliens, weapons, 

15 drugs, terrorists, or illegal goods is subject to an en16 hanced sentence for the underlying offense. Addi17 tional sentence enhancements would further deter 

18 tunnel activities and increase prosecutorial options. 

19 SEC. 3. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR 

20 FINANCE A BORDER TUNNEL. 

21 Section 555 of title 18, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(d) Any person who attempts or conspires to commit 

24 any offense under subsection (a) or subsection (c) of this 

25 section shall be subject to the same penalties as those preVerDate Mar 15 2010 22:38 Mar 21, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4119.RH H4119

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1 scribed for the offense, the commission of which was the 

2 object of the attempt or conspiracy.’’. 

3 SEC. 4. AUTHORIZATION FOR INTERCEPTION OF WIRE, 

4 ORAL, OR ELECTRONIC COMMUNICATIONS. 

5 Section 2516(1)(c) of title 18, United States Code, 

6 is amended by inserting ‘‘, section 555 (relating to con7 struction or use of international border tunnels)’’ before 

8 the semicolon at the end. 

9 SEC. 5. FORFEITURE. 

10 (a) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 

11 of title 18, United States Code, is amended by inserting 

12 ‘‘555,’’ after ‘‘545,’’. 

13 (b) CIVIL ASSET FORFEITURE.—Any merchandise 

14 introduced into the United States through a tunnel or pas15 sage described in section 555(a) of title 18, United States 

16 Code, shall be subject to seizure and forfeiture in accord17 ance with section 596(c) of the Tariff Act of 1930 (19 

18 U.S.C. 1595a(c)). 

19 SEC. 6. MONEY LAUNDERING DESIGNATION. 

20 Section 1956(c)(7)(D) of title 18, United States 

21 Code, is amended by inserting ‘‘section 555 (relating to 

22 border tunnels),’’ after ‘‘section 554 (relating to smug23 gling goods from the United States),’’. 

24 SEC. 7. SENSE OF CONGRESS. 

25 It is the sense of Congress that— 


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1 (1) success in combating the construction and 

2 use of cross-border tunnels requires cooperation be3 tween Federal, State, local, and tribal officials and 

4 assistance from private land owners and tenants 

5 across the border between Mexico and the United 

6 States; 

7 (2) the Department of Homeland Security is 

8 currently engaging in outreach efforts in California 

9 to certain landowners and tenants along the border 

10 to educate them about cross-border tunnels and seek 

11 their assistance in combating their construction; and 

12 (3) the Department should continue its out13 reach efforts to both private and governmental land14 owners and tenants in areas along the border be15 tween Mexico and the United States with a high rate 

16 of cross-border tunnels. 

17 SEC. 8. REPORT. 

18 (a) IN GENERAL.—The Secretary of Homeland Secu19 rity shall submit an annual report to the congressional 

20 committees set forth in subsection (b) that includes a de21 scription of— 

22 (1) the cross-border tunnels along the border 

23 between Mexico and the United States discovered 

24 during the preceding fiscal year; and 


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1 (2) the needs of the Department of Homeland 

2 Security to effectively prevent, investigate and pros3 ecute border tunnel construction along the border 

4 between Mexico and the United States. 

5 (b) CONGRESSIONAL COMMITTEES.—The congres6 sional committees set forth in this subsection are— 

7 (1) the Committee on Homeland Security and 

8 Governmental Affairs of the Senate; 

9 (2) the Committee on the Judiciary of the Sen10 ate; 

11 (3) the Committee on Appropriations of the 

12 Senate; 

13 (4) the Committee on Homeland Security of the 

14 House of Representatives; 

15 (5) the Committee on the Judiciary of the 

16 House of Representatives; and 

17 (6) the Committee on Appropriations of the 

18 House of Representatives. 


srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 288 

112TH CONGRESS 

2D SESSION H. R. 4119 

[Report No. 112–418, Part I] 

A BILL 

To reduce the trafficking of drugs and to prevent 

tunnels. by deterring the construction and use of border human smuggling across the Southwest Border 

MARCH 21, 2012 

Reported from the Committee on the Judiciary 

MARCH 21, 2012 

The Committees on Ways and Means and Homeland Seto be printed Whole House on the State of the Union and ordered curity discharged; committed to the Committee of the 


srobinson on DSK4SPTVN1PROD with BILLS