I 

112TH CONGRESS 

1ST SESSION H. R. 2264 

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 

JUNE 21, 2011 

Mr. REYES introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Homeland Security and Ways and Means, 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 

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. 

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 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) As the international border between the 

2 United States and Mexico becomes more secure, 

3 trafficking and smuggling organizations intensify 

4 their efforts to enter the United States by increasing 

5 the number of tunnels and other subterranean pas6 sages between Mexico and the United States. 

7 (2) Border tunnels are most often used to 

8 transport narcotics from Mexico to the United 

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

10 other contraband. 

11 (3) Between May 1990 and May 2011, law en12 forcement authorities discovered 137 tunnels, 125 of 

13 which have been discovered since September 2001. 

14 While law enforcement authorities discovered only 2 

15 tunnels in California between 1990 and 2001, there 

16 has been a dramatic increase in the number of bor17 der tunnels discovered in California since 2001. 

18 (4) Section 551 of the Department of Home19 land Security Appropriations Act, 2007 (Public Law 

20 109–295) added a new section to title 18, United 

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

22 (A) criminalizes the construction or financ23 ing of an unauthorized tunnel or subterranean 

24 passage across an international border into the 

25 United States; and 


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1 (B) prohibits any person from recklessly 

2 permitting others to construct or use an unau3 thorized tunnel or subterranean passage on the 

4 person’s land. 

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

6 subterranean passage to smuggle aliens, weapons, 

7 drugs, terrorists, or illegal goods is subject to an en8 hanced sentence for the underlying offense. Addi9 tional sentence enhancements would further deter 

10 tunnel activities and increase prosecutorial options. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) NATIONAL SECURITY ZONE.—The term 

14 ‘‘national security zone’’ means any Southwest Bor15 der land designated by the Secretary as being at a 

16 high risk for border tunnel activity, as authorized 

17 under section 8(b). 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Homeland Security. 

20 (3) SOUTHWEST BORDER LAND.—The term 

21 ‘‘Southwest Border land’’ means all parcels of real 

22 property in the United States that— 

23 (A) are located within 1 mile of the inter24 national border between the United States and 

25 Mexico; and 


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1 (B) are not owned by a Federal, State, 

2 tribal, or local government entity. 

3 SEC. 4. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR 

4 FINANCE A BORDER TUNNEL. 

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

6 amended by adding at the end the following: 

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

8 any offense under this section shall be subject to the same 

9 penalties as those prescribed for the offense, the commis10 sion of which was the object of the attempt or con11 spiracy.’’. 

12 SEC. 5. AUTHORIZATION FOR INTERCEPTION OF WIRE, 

13 ORAL, OR ELECTRONIC COMMUNICATIONS. 

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

15 is amended by inserting ‘‘, section 555 (relating to con16 struction or use of international border tunnels)’’ before 

17 the semicolon at the end. 

18 SEC. 6. FORFEITURE. 

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

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

21 ‘‘555,’’ after ‘‘545,’’. 

22 (b) CIVIL ASSET FORFEITURE.—Any merchandise 

23 introduced into the United States through a tunnel or pas24 sage described in section 555(a) of title 18, United States 

25 Code, shall be subject to seizure and forfeiture in accordVerDate Mar 15 2010 01:02 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2264.IH H2264

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1 ance with section 596(c) of the Tariff Act of 1930 (19 

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

3 SEC. 7. MONEY LAUNDERING DESIGNATION. 

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

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

6 border tunnels),’’ after ‘‘section 554 (relating to smug7 gling goods from the United States),’’. 

8 SEC. 8. NOTIFICATION REQUIREMENTS. 

9 (a) NOTIFICATION TO LAND OWNERS.—The Sec10 retary is encouraged to annually provide each known non11 governmental owner and tenant of land located in a na12 tional security zone with a written notification that de13 scribes— 

14 (1) Federal laws related to the construction of 

15 illegal border tunnels; and 

16 (2) the procedures for reporting violations of 

17 such laws to U.S. Immigration and Customs En18 forcement. 

19 (b) DESIGNATION OF BORDER TUNNEL HIGH RISK

20 AREAS.— 

21 (1) IN GENERAL.—The Secretary may des22 ignate any Southwest Border land that the Sec23 retary has a substantial reason to believe is at a 

24 high risk for border tunnel activity as a national se25 curity zone. 


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1 (2) PUBLICATION.—The Secretary shall— 

2 (A) publish any designations made under 

3 paragraph (1) in the Federal Register; and 

4 (B) allow appropriate notice and comment 

5 in accordance with the chapter 5 of title 5, 

6 United States Code (commonly referred to as 

7 the ‘‘Administrative Procedures Act’’). 

8 (c) RULEMAKING.—Not later than 18 months after 

9 the date of the enactment of this Act, the Secretary shall 

10 promulgate regulations to carry out this section. 

11 SEC. 9. REPORT. 

12 (a) IN GENERAL.—The Secretary shall submit an an13 nual report to the congressional committees set forth in 

14 subsection (b) that includes a description of— 

15 (1) the cross border tunnels in Southwest Bor16 der land discovered during the reporting period; and 

17 (2) the needs of the Department of Homeland 

18 Security to effectively prevent, investigate and pros19 ecute border tunnel construction on Southwest Bor20 der land. 

21 (b) CONGRESSIONAL COMMITTEES.—The congres22 sional committees set forth in this subsection are— 

23 (1) the Committee on Homeland Security and 

24 Governmental Affairs of the Senate; 


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1 (2) the Committee on the Judiciary of the Sen2 ate; 

3 (3) the Committee on Homeland Security of the 

4 House of Representatives; and 

5 (4) the Committee on the Judiciary of the 

6 House of Representatives. 

Æ 


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