[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4119 Enrolled Bill (ENR)]

        H.R.4119

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 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 intensifying 
    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 narcotics 
    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 enforcement 
    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 discovered 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 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 enhanced sentence for the underlying 
    offense. Additional 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 prescribed 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 construction or use of 
international 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 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 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 
    Representatives; and
        (6) the Committee on Appropriations of the House of 
    Representatives.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.