(B) prohibits any person from recklessly 
permitting others to construct or use an unau-
thorized tunnel or subterranean passage on the 
person’s land. 
(5) Any person convicted of using a tunnel or 
subterranean passage to smuggle aliens, weapons, 
drugs, terrorists, or illegal goods is subject to an en-
hanced sentence for the underlying offense. Addi-
tional sentence enhancements would further deter 
tunnel activities and increase prosecutorial options. 
SEC. 3. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR 
FINANCE A BORDER TUNNEL. 
Section 555 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(d) Any person who attempts or conspires to commit 
any offense under subsection (a) or subsection (c) of this 
section shall be subject to the same penalties as those pre-
scribed for the offense, the commission of which was the 
object of the attempt or conspiracy.’’. 
SEC. 4. AUTHORIZATION FOR INTERCEPTION OF WIRE, 
ORAL, OR ELECTRONIC COMMUNICATIONS. 
Section 2516(1)(c) of title 18, United States Code, 
is amended by inserting ‘‘, section 555 (relating to con-
struction or use of international border tunnels)’’ before 
the semicolon at the end. 
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SEC. 5. FORFEITURE. 
(a) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 
of title 18, United States Code, is amended by inserting 
‘‘555,’’ after ‘‘545,’’. 
(b) CIVIL ASSET FORFEITURE.—Any merchandise 
introduced into the United States through a tunnel or pas-
sage described in section 555(a) of title 18, United States 
Code, shall be subject to seizure and forfeiture in accord-
ance with section 596(c) of the Tariff Act of 1930 (19 
U.S.C. 1595a(c)). 
SEC. 6. MONEY LAUNDERING DESIGNATION. 
Section 1956(c)(7)(D) of title 18, United States 
Code, is amended by inserting ‘‘section 555 (relating to 
border tunnels),’’ after ‘‘section 554 (relating to smug-
gling goods from the United States),’’. 
SEC. 7. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) success in combating the construction and 
use of cross-border tunnels requires cooperation be-
tween Federal, State, local, and tribal officials and 
assistance from private land owners and tenants 
across the border between Mexico and the United 
States; 
(2) the Department of Homeland Security is 
currently engaging in outreach efforts in California 
to certain landowners and tenants along the border 
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to educate them about cross-border tunnels and seek 
their assistance in combating their construction; and 
(3) the Department should continue its out-
reach efforts to both private and governmental land-
owners and tenants in areas along the border be-
tween Mexico and the United States with a high rate 
of cross-border tunnels. 
SEC. 8. REPORT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall submit an annual report to the congressional 
committees set forth in subsection (b) that includes a de-
scription of— 
(1) the cross-border tunnels along the border 
between Mexico and the United States discovered 
during the preceding fiscal year; and 
(2) the needs of the Department of Homeland 
Security to effectively prevent, investigate and pros-
ecute border tunnel construction along the border 
between Mexico and the United States. 
(b) CONGRESSIONAL COMMITTEES.—The congres-
sional committees set forth in this subsection are— 
(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(2) the Committee on the Judiciary of the Sen-
ate; 
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(3) the Committee on Appropriations of the 
Senate; 
(4) the Committee on Homeland Security of the 
House of Representatives; 
(5) the Committee on the Judiciary of the 
House of Representatives; and 
(6) the Committee on Appropriations of the 
House of Representatives. 
Æ 
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