Border Tunnel Prevention Act of 2012
PL 112-127 (H.R.4119), enacted 06/05/2012

126 STAT. 370 
PUBLIC LAW 112–127—JUNE 5, 2012 
Public Law 112–127 
112th Congress 
An Act 
To reduce the trafficking of drugs and to prevent human smuggling across the 
Southwest Border by deterring the construction and use of border tunnels. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Tunnel Prevention Act 
of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Trafficking and smuggling organizations are inten-
sifying their efforts to enter the United States through tunnels 
and other subterranean passages between Mexico and the 
United States. 
(2) Border tunnels are most often used to transport nar-
cotics from Mexico to the United States, but can also be used 
to transport people and other contraband. 
(3) From Fiscal Year 1990 to Fiscal Year 2011, law enforce-
ment authorities discovered 149 cross-border tunnels along the 
border between Mexico and the United States, 139 of which 
have been discovered since Fiscal Year 2001. There has been 
a dramatic increase in the number of cross-border tunnels 
discovered in Arizona and California since Fiscal Year 2006, 
with 40 tunnels discovered in California and 74 tunnels discov-
ered in Arizona. 
(4) Section 551 of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109–295) added a new 
section to title 18, United States Code (18 U.S.C. 555), which— 
(A) criminalizes the construction or financing of an 
unauthorized tunnel or subterranean passage across an 
international border into the United States; and 
(B) prohibits any person from recklessly permitting 
others to construct or use an unauthorized tunnel or sub-
terranean 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 enhanced sentence for the underlying 
offense. Additional sentence enhancements would further deter 
tunnel activities and increase prosecutorial options. 
18 USC 555 note. 
18 USC 1 note. 
Border Tunnel 
Prevention Act of 
2012. 
June 5, 2012 
[H.R. 4119] 
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126 STAT. 371 
PUBLIC LAW 112–127—JUNE 5, 2012 
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 prescribed for the offense, 
the commission of which was the object of the attempt or con-
spiracy.’’. 
SEC. 4. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR ELEC-
TRONIC COMMUNICATIONS. 
Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ‘‘, section 555 (relating to construction or use of inter-
national border tunnels)’’ before the semicolon at the end. 
SEC. 5. FORFEITURE. 
Section 982(a)(2)(B) of title 18, United States Code, is amended 
by inserting ‘‘555,’’ after ‘‘545,’’. 
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 smuggling 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 between 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 to educate them about cross- 
border tunnels and seek their assistance in combating their 
construction; and 
(3) the Department should continue its outreach efforts 
to both private and governmental landowners and tenants in 
areas along the border between Mexico and the United States 
with a high rate of cross-border tunnels. 
SEC. 8. REPORT. 
(a) IN GENERAL.—The Secretary of Homeland Security shall 
submit an annual report to the congressional committees set forth 
in subsection (b) that includes a description 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 prosecute border tunnel 
construction along the border between Mexico and the United 
States. 
(b) CONGRESSIONAL COMMITTEES.—The congressional commit-
tees set forth in this subsection are— 
(1) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; 
(2) the Committee on the Judiciary of the Senate; 
Deadline. 
6 USC 257. 
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126 STAT. 372 
PUBLIC LAW 112–127—JUNE 5, 2012 
LEGISLATIVE HISTORY—H.R. 4119 (S. 1236): 
HOUSE REPORTS: No. 112–418, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
May 15, 16, considered and passed House. 
May 17, considered and passed Senate. 
(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 Rep-
resentatives; and 
(6) the Committee on Appropriations of the House of Rep-
resentatives. 
Approved June 5, 2012. 
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