I 

109TH CONGRESS 

2D SESSION H. R. 4816 

To amend chapter 27 of title 18, United States Code, to prohibit the unauthorized construction of tunnels between the United States and another 

country. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2006 

Mr. HAYWORTH introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

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

prohibit the unauthorized construction of tunnels 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, 

3 SECTION 1. CONSTRUCTION OF BORDER TUNNEL OR PAS4 SAGE. 

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

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


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1 ‘‘§ 554. Border tunnels and passages 

2 ‘‘(a) Any person who knowingly constructs or fi3 nances the construction of a tunnel or subterranean pas4 sage that crosses the international border between the 

5 United States and another country, other than a lawfully 

6 authorized tunnel or passage known to the Secretary of 

7 Homeland Security and subject to inspection by the Bu8 reau of Immigration and Customs Enforcement, shall be 

9 imprisoned for not more than 20 years. 

10 ‘‘(b) Any person who knowingly permits the construc11 tion or use of a tunnel or passage described in subsection 

12 (a) on land that the person owns or controls shall be im13 prisoned for not more than 20 years. 

14 ‘‘(c) Any person who uses a tunnel or passage de15 scribed in subsection (a) to unlawfully smuggle an alien, 

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

17 weapons of mass destruction (including biological weap18 ons), or a member of a terrorist organization (as defined 

19 in section 212(a)(3)(B)(vi) of the Immigration and Na20 tionality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be sub21 ject to twice the penalty that would have otherwise been 

22 imposed had the unlawful activity not made use of such 

23 a tunnel or passage.’’. 


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

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

3 by adding at the end the following: 

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

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

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

6 ‘‘554,’’ before ‘‘1425,’’. 

7 SEC. 2. DIRECTIVE TO THE UNITED STATES SENTENCING 

8 COMMISSION. 

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

10 section 994 of title 28, United States Code, and in accord11 ance with this section, the United States Sentencing Com12 mission shall promulgate or amend sentencing guidelines 

13 to provide for increased penalties for persons convicted of 

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

15 Code, as added by section 1. 

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

17 the United States Sentencing Commission shall— 

18 (1) ensure that the sentencing guidelines, policy 

19 statements, and official commentary reflect the seri20 ous nature of the offenses described in section 554 

21 of title 18, United States Code, and the need for ag22 gressive and appropriate law enforcement action to 

23 prevent such offenses; 

24 (2) provide adequate base offense levels for of25 fenses under such section; 


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1 (3) account for any aggravating or mitigating 

2 circumstances that might justify exceptions, includ3 ing— 

4 (A) the use of a tunnel or passage de5 scribed in subsection (a) of such section to fa6 cilitate other felonies; and 

7 (B) the circumstances for which the sen8 tencing guidelines currently provide applicable 

9 sentencing enhancements; 

10 (4) ensure reasonable consistency with other 

11 relevant directives, other sentencing guidelines, and 

12 statutes; 

13 (5) make any necessary and conforming 

14 changes to the sentencing guidelines and policy 

15 statements; and 

16 (6) ensure that the sentencing guidelines ade17 quately meet the purposes of sentencing set forth in 

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

Æ 


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