II 

112TH CONGRESS 

2D SESSION H. R. 4119 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2012 

Received 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Border Tunnel Preven3 tion Act of 2012’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Trafficking and smuggling organizations are 

7 intensifying their efforts to enter the United States 

8 through tunnels and other subterranean passages 

9 between Mexico and the United States. 

10 (2) Border tunnels are most often used to 

11 transport narcotics from Mexico to the United 

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

13 other contraband. 

14 (3) From Fiscal Year 1990 to Fiscal Year 

15 2011, law enforcement authorities discovered 149 

16 cross-border tunnels along the border between Mex17 ico and the United States, 139 of which have been 

18 discovered since Fiscal Year 2001. There has been 

19 a dramatic increase in the number of cross-border 

20 tunnels discovered in Arizona and California since 

21 Fiscal Year 2006, with 40 tunnels discovered in 

22 California and 74 tunnels discovered in Arizona. 

23 (4) Section 551 of the Department of Home24 land Security Appropriations Act, 2007 (Public Law 

25 109–295) added a new section to title 18, United 

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


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1 (A) criminalizes the construction or financ2 ing of an unauthorized tunnel or subterranean 

3 passage across an international border into the 

4 United States; and 

5 (B) prohibits any person from recklessly 

6 permitting others to construct or use an unau7 thorized tunnel or subterranean passage on the 

8 person’s land. 

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

10 subterranean passage to smuggle aliens, weapons, 

11 drugs, terrorists, or illegal goods is subject to an en12 hanced sentence for the underlying offense. Addi13 tional sentence enhancements would further deter 

14 tunnel activities and increase prosecutorial options. 

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

16 FINANCE A BORDER TUNNEL. 

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

18 amended by adding at the end the following: 

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

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

21 section shall be subject to the same penalties as those pre22 scribed for the offense, the commission of which was the 

23 object of the attempt or conspiracy.’’. 


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1 SEC. 4. AUTHORIZATION FOR INTERCEPTION OF WIRE, 

2 ORAL, OR ELECTRONIC COMMUNICATIONS. 

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

4 is amended by inserting ‘‘, section 555 (relating to con5 struction or use of international border tunnels)’’ before 

6 the semicolon at the end. 

7 SEC. 5. FORFEITURE. 

8 Section 982(a)(2)(B) of title 18, United States Code, 

9 is amended by inserting ‘‘555,’’ after ‘‘545,’’. 

10 SEC. 6. MONEY LAUNDERING DESIGNATION. 

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

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

13 border tunnels),’’ after ‘‘section 554 (relating to smug14 gling goods from the United States),’’. 

15 SEC. 7. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) success in combating the construction and 

18 use of cross-border tunnels requires cooperation be19 tween Federal, State, local, and tribal officials and 

20 assistance from private land owners and tenants 

21 across the border between Mexico and the United 

22 States; 

23 (2) the Department of Homeland Security is 

24 currently engaging in outreach efforts in California 

25 to certain landowners and tenants along the border 


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1 to educate them about cross-border tunnels and seek 

2 their assistance in combating their construction; and 

3 (3) the Department should continue its out4 reach efforts to both private and governmental land5 owners and tenants in areas along the border be6 tween Mexico and the United States with a high rate 

7 of cross-border tunnels. 

8 SEC. 8. REPORT. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity shall submit an annual report to the congressional 

11 committees set forth in subsection (b) that includes a de12 scription of— 

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

14 between Mexico and the United States discovered 

15 during the preceding fiscal year; and 

16 (2) the needs of the Department of Homeland 

17 Security to effectively prevent, investigate and pros18 ecute border tunnel construction along the border 

19 between Mexico and the United States. 

20 (b) CONGRESSIONAL COMMITTEES.—The congres21 sional committees set forth in this subsection are— 

22 (1) the Committee on Homeland Security and 

23 Governmental Affairs of the Senate; 

24 (2) the Committee on the Judiciary of the Sen25 ate; 


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1 (3) the Committee on Appropriations of the 

2 Senate; 

3 (4) the Committee on Homeland Security of the 

4 House of Representatives; 

5 (5) the Committee on the Judiciary of the 

6 House of Representatives; and 

7 (6) the Committee on Appropriations of the 

8 House of Representatives. 

Passed the House of Representatives May 16, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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