IIB 

109TH CONGRESS 

2D SESSION H. R. 4830 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2006 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend chapter 27 of title 18, United States Code, to 

prohibit the unauthorized construction, financing, or 

reckless permitting (on one’s land) the construction or 

use of a tunnel or subterranean passageway between 

the United States and another country. 

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 2006’’. 

4 SEC. 2. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE. 

5 (a) IN GENERAL.—Chapter 27 of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 554. Border tunnels and passages 

9 ‘‘(a) Any person who knowingly constructs or fi10 nances the construction of a tunnel or subterranean pas11 sage that crosses the international border between the 

12 United States and another country, other than a lawfully 

13 authorized tunnel or passage known to the Secretary of 

14 Homeland Security and subject to inspection by the Bu15 reau of Immigration and Customs Enforcement, shall be 

16 imprisoned for not more than 20 years. 

17 ‘‘(b) Any person who recklessly permits the construc18 tion or use of a tunnel or passage described in subsection 

19 (a) on land that the person owns or controls shall be im20 prisoned for not more than 10 years. 

21 ‘‘(c) Any person who uses a tunnel or passage de22 scribed in subsection (a) to unlawfully smuggle an alien, 

23 goods (in violation of section 545), controlled substances, 

24 weapons of mass destruction (including biological weap25 ons), or a member of a terrorist organization (as defined 

26 in section 212(a)(3)(B)(vi) of the Immigration and NaVerDate Aug 31 2005 22:33 Sep 22, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4830.RFS H4830

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1 tionality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be sub2 ject to twice the penalty that would have otherwise been 

3 imposed had the unlawful activity not made use of such 

4 a tunnel or passage.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 for chapter 27 of title 18, United States Code, is amended 

7 by adding at the end the following: 

‘‘Sec. 554. Border tunnels and passages.’’. 

8 (c) CRIMINAL FORFEITURE.—Section 982(a)(6) of 

9 title 18, United States Code, is amended by inserting 

10 ‘‘554,’’ before ‘‘1425,’’. 

11 SEC. 3. DIRECTIVE TO THE UNITED STATES SENTENCING 

12 COMMISSION. 

13 (a) IN GENERAL.—Pursuant to its authority under 

14 section 994 of title 28, United States Code, and in accord15 ance with this section, the United States Sentencing Com16 mission shall promulgate or amend sentencing guidelines 

17 to provide for increased penalties for persons convicted of 

18 offenses described in section 554 of title 18, United States 

19 Code, as added by section 1. 

20 (b) REQUIREMENTS.—In carrying out this section, 

21 the United States Sentencing Commission shall— 

22 (1) ensure that the sentencing guidelines, policy 

23 statements, and official commentary reflect the seri24 ous nature of the offenses described in section 554 

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1 gressive and appropriate law enforcement action to 

2 prevent such offenses; 

3 (2) provide adequate base offense levels for of4 fenses under such section; 

5 (3) account for any aggravating or mitigating 

6 circumstances that might justify exceptions, includ7 ing— 

8 (A) the use of a tunnel or passage de9 scribed in subsection (a) of such section to fa10 cilitate other felonies; and 

11 (B) the circumstances for which the sen12 tencing guidelines currently provide applicable 

13 sentencing enhancements; 

14 (4) ensure reasonable consistency with other 

15 relevant directives, other sentencing guidelines, and 

16 statutes; 

17 (5) make any necessary and conforming 

18 changes to the sentencing guidelines and policy 

19 statements; and 

20 (6) ensure that the sentencing guidelines ade21 quately meet the purposes of sentencing set forth in 

22 section 3553(a)(2) of title 18, United States Code. 

Passed the House of Representatives September 21, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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