I 
109TH CONGRESS 
2D SESSION 
H. R. 4816 
To amend chapter 27 of title 18, United States Code, to prohibit the unau-
thorized 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 be-
tween the United States and another country. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONSTRUCTION OF BORDER TUNNEL OR PAS-
SAGE. 
(a) IN GENERAL.—Chapter 27 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 554. Border tunnels and passages 
‘‘(a) Any person who knowingly constructs or fi-
nances the construction of a tunnel or subterranean pas-
sage that crosses the international border between the 
United States and another country, other than a lawfully 
authorized tunnel or passage known to the Secretary of 
Homeland Security and subject to inspection by the Bu-
reau of Immigration and Customs Enforcement, shall be 
imprisoned for not more than 20 years. 
‘‘(b) Any person who knowingly permits the construc-
tion or use of a tunnel or passage described in subsection 
(a) on land that the person owns or controls shall be im-
prisoned for not more than 20 years. 
‘‘(c) Any person who uses a tunnel or passage de-
scribed in subsection (a) to unlawfully smuggle an alien, 
goods (in violation of section 545), controlled substances, 
weapons of mass destruction (including biological weap-
ons), or a member of a terrorist organization (as defined 
in section 212(a)(3)(B)(vi) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be sub-
ject to twice the penalty that would have otherwise been 
imposed had the unlawful activity not made use of such 
a tunnel or passage.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 27 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘554. Border tunnels and passages.’’. 
(c) CRIMINAL FORFEITURE.—Section 982(a)(6) of 
title 18, United States Code, is amended by inserting 
‘‘554,’’ before ‘‘1425,’’. 
SEC. 2. DIRECTIVE TO THE UNITED STATES SENTENCING 
COMMISSION. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, and in accord-
ance with this section, the United States Sentencing Com-
mission shall promulgate or amend sentencing guidelines 
to provide for increased penalties for persons convicted of 
offenses described in section 554 of title 18, United States 
Code, as added by section 1. 
(b) REQUIREMENTS.—In carrying out this section, 
the United States Sentencing Commission shall— 
(1) ensure that the sentencing guidelines, policy 
statements, and official commentary reflect the seri-
ous nature of the offenses described in section 554 
of title 18, United States Code, and the need for ag-
gressive and appropriate law enforcement action to 
prevent such offenses; 
(2) provide adequate base offense levels for of-
fenses under such section; 
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(3) account for any aggravating or mitigating 
circumstances that might justify exceptions, includ-
ing— 
(A) the use of a tunnel or passage de-
scribed in subsection (a) of such section to fa-
cilitate other felonies; and 
(B) the circumstances for which the sen-
tencing guidelines currently provide applicable 
sentencing enhancements; 
(4) ensure reasonable consistency with other 
relevant directives, other sentencing guidelines, and 
statutes; 
(5) make any necessary and conforming 
changes to the sentencing guidelines and policy 
statements; and 
(6) ensure that the sentencing guidelines ade-
quately meet the purposes of sentencing set forth in 
section 3553(a)(2) of title 18, United States Code. 
Æ 
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