[Congressional Record Volume 152, Number 119 (Thursday, September 21, 2006)]
[House]
[Pages H6862-H6869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BORDER TUNNEL PREVENTION ACT OF 2006

  Mr. SENSENBRENNER. Madam Speaker, pursuant to House Resolution 1018, 
I call up the bill (H.R. 4830) to amend chapter 27 of title 18, United 
States Code, to prohibit the unauthorized construction, financing, or 
reckless permitting (on one's land) the construction or use of a tunnel 
or subterranean passageway between the United States and another 
country, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4830

       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 2006''.

     SEC. 2. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 554. Border tunnels and passages

       ``(a) Any person who knowingly constructs or finances the 
     construction of a tunnel or subterranean passage 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 Bureau of Immigration and 
     Customs Enforcement, shall be imprisoned for not more than 20 
     years.
       ``(b) Any person who recklessly permits the construction or 
     use of a tunnel or passage described in subsection (a) on 
     land that the person owns or controls shall be imprisoned for 
     not more than 10 years.
       ``(c) Any person who uses a tunnel or passage described in 
     subsection (a) to unlawfully smuggle an alien, goods (in 
     violation of section 545), controlled substances, weapons of 
     mass destruction (including biological weapons), or a member 
     of a terrorist organization (as defined in section 
     212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(vi))) shall be subject to twice the 
     penalty that would have otherwise been imposed had the 
     unlawful activity not made use of such a tunnel or 
     passage.''.
       (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. 3. 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 accordance with 
     this section, the United States Sentencing Commission 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 serious 
     nature of the offenses described in section 554 of title 18, 
     United States Code, and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (2) provide adequate base offense levels for offenses under 
     such section;
       (3) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including--
       (A) the use of a tunnel or passage described in subsection 
     (a) of such section to facilitate other felonies; and
       (B) the circumstances for which the sentencing guidelines 
     currently provide applicable sentencing enhancements;

[[Page H6863]]

       (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 adequately meet 
     the purposes of sentencing set forth in section 3553(a)(2) of 
     title 18, United States Code.

  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to House Resolution 
1018, the gentleman from Wisconsin (Mr. Sensenbrenner) and the 
gentleman from Michigan (Mr. Conyers) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 4830, currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 4830, the Border Tunnel 
Prevention Act of 2006, to prohibit the construction and use of border 
tunnels for the purposes of smuggling.
  For over a decade, drug cartels and ``coyotes'' have used border 
tunnels to smuggle elicit drugs and illegal immigrants into the United 
States. Border tunnels range from rudimentary gopher holes to more 
sophisticated tunnels equipped with electricity, ventilation and even 
rails for electric carts. These tunnels have been used to penetrate 
both our northern and southern borders. Fifty tunnels have been 
discovered along the southwest border since 1990, and 36 of them have 
been unearthed in just the last 5 years.
  This January, a joint investigation between the U.S. and Mexican law 
enforcement led to the discovery of a narcotics smuggling tunnel just 
east of the Otay Mesa, California, port of entry. Authorities seized 
nearly two tons of marijuana. The tunnel, approximately 86 feet deep 
and nearly three-quarters of a mile long, began inside a small 
warehouse in Otay Mesa, Mexico, and ended inside a vacant warehouse in 
San Diego, California.
  In 2005, Federal agents discovered a 360-foot tunnel between British 
Columbia, Canada, and Washington State. This tunnel was also used for 
illegal drug trafficking, though DEA agents noticed that it could 
easily have been used to smuggle persons or to facilitate terrorism. We 
were reminded again of the growing problem just a few days ago when 
another drug smuggling border tunnel was discovered between California 
and Mexico.
  Despite the clearly illegal purposes of these border tunnels, efforts 
to fully and effectively prosecute the smugglers are hampered by the 
fact that it is not a crime to construct, finance, or use a border 
tunnel. If there is insufficient evidence to prosecute these 
individuals for drug smuggling or alien trafficking, there are 
virtually no consequences for the criminal organizations that build and 
use these tunnels.
  The Border Tunnel Prevention Act plugs this glaring loophole. The 
bill criminalizes the construction or financing of a tunnel or 
subterranean passage across our international border. An individual 
prosecuted under this offense faces a penalty of up 20 years in prison. 
Additionally, any person convicted of using a tunnel or subterranean 
passage to smuggle aliens, weapons, drugs, terrorists, or illegal goods 
will be punished by doubling the sentence for the underlying offense.
  The bill also provides for the forfeiture of assets or property 
traceable to the construction or use of a border tunnel and instructs 
the sentencing commission to adopt guidelines that properly reflect the 
severity of this offense.
  Madam Speaker, the bill is supported by Members from both sides of 
the aisle. This legislation provides a critical tool for protecting our 
national security and combating the drug and alien smuggling that 
plagues our borders. I urge my colleagues to support it.
  Madam Speaker, I reserve the balance of my time.
  Mr. CONYERS. Madam Speaker, I am pleased to yield such time as he may 
consume to the gentleman from Mississippi (Mr. Thompson), the ranking 
member of the Homeland Security Committee.
  Mr. THOMPSON of Mississippi. Madam Speaker, it is with great 
disappointment that I stand before you today to discuss a bill that 
fails once again to provide us with a comprehensive approach to 
handling border security.
  Last week, Republicans introduced a border fence bill which was 
exactly what they voted against in December 2005. Today we are going to 
discuss three bills already considered by this body. In other words, 
the Republican leadership is forcing us to participate in their cheap 
political gambit to mislead the public. Simply put, the Republicans 
have morphed from a ``do-nothing'' Congress to a ``do-over'' Congress. 
Unfortunately, we continue to have a long way to go, and we will get 
nowhere with this piecemeal approach they are masterminding.

                              {time}  1215

  The Bush administration has had almost 6 years, and the Republican 
Congress 11 years, to secure the border.
  Since 9/11, House Republicans rejected eight Democratic amendments to 
enhance border security resources. If these Democratic amendments had 
been adopted, there would be 6,600 more Border Patrol agents, 14,000 
more detention beds, and 2,700 more immigration agents along our 
borders that now exist.
  On December 16, 2005, all 218 House Republicans voting that day 
opposed a Democratic motion to recommit to H.R. 4437 to improve border 
security and immigration enforcement by fulfilling the 9/11 
Commission's border security recommendations.
  Fifty days before election day, the House Republican leadership has 
scheduled votes on bills we have already voted on. As usual, 
Republicans are all talk, but cheap on action to securing the border. 
Last week they voted on a border fence bill, but refused to provide the 
money needed to build a 700-mile fence along the Texas-Mexico border.
  If Republicans were serious, they would have moved forward with a 
House-Senate conference that protects United States borders, 
strengthens our Nation's security and addresses the Nation's 
immigration problems comprehensively. Instead, they spent the summer 
conducting 22 sham hearings across the Nation.
  Republicans talk about the fence as if it is the sole solution. 
Meanwhile, on September 15, DEA agents discovered yet another tunnel 
located beneath a residence in Calexico, California, and extending 
approximately 400 feet to a residence in Mexicali, Mexico.
  We are spending $1.5 billion per week in Iraq, but the Republican 
leadership will not even commit to funding to secure our Nation's 
borders.
  Democrats do not want to pass the buck on State and local governments 
to enforce immigration laws simply while the Republican-led Congress 
and administration fail to properly fund border security officers. 
States and localities are already robbing Peter to pay Paul by using a 
huge amount of their homeland security grant funding to secure the 
border, purchase communications equipment, and fortify bridges, ports 
and buildings.
  Democrats do not want to stay the course on President Bush and the 
Republicans' failed border enforcement.
  Madam Speaker, we need a comprehensive border security and 
immigration plan, not a piecemeal plan.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself \1/2\ minute.
  Madam Speaker, we hear complaints all the time about the fact that 
Republicans are not acting. We are acting today. We acted in December. 
We acted last week on the fence. We see the Democrat actions. All they 
do is say no, no, no, no.
  They are not where the American people are. They are not where our 
priorities ought to be. The Senate has not messaged their bill, even 
though they passed it in May. We are running out of time in this 
Congress. The American people say border security first.
  Madam Speaker, I yield 3 minutes to the gentleman from Arizona (Mr. 
Hayworth).
  Mr. HAYWORTH. Madam Speaker, I thank the chairman of the Judiciary 
Committee for the recognition.

[[Page H6864]]

  I come to the well of the House to politely but profoundly take issue 
with my friend from Mississippi. You see, party labels do not ensure 
unanimity any more than trying to cast the challenge we confront as a 
people through a partisan prism.
  I come to the floor of this House to reiterate the basic concern 
confronting us. The problem we are dealing with at the border is not a 
Democratic problem. It is not a Republican problem. It is an American 
problem. And, Madam Speaker, I politely take issue with my friend from 
Mississippi when he says a comprehensive approach is needed.
  The trouble with that notion is that despite the goodwill and best 
intentions of many, regardless of party affiliation, so-called 
comprehensive reform subordinates the first and most basic 
responsibility of government, protection of our citizens to an economic 
exception of amnesty and special considerations for noncitizens.
  To this provision before the House today, which I am proud to bring 
forward, again from bipartisan concerns, as noted earlier in another 
debate, the chairman of the Rules Committee mentioned that it was 
bipartisan, the senior Senator from his State happens to be a Democrat, 
working with the chairman of the Rules Committee, a Republican; my 
junior Senator from my State, working with me on this because it is an 
American problem. The chairman pointed out that there is currently a 
hole in the law as genuine as some of the holes in our border.
  We have to criminalize the financing and construction of border-
crossing tunnels that currently serve as smuggler subways and actually 
promote illegal access to our country. The chairman delineated the 
threat. Now we see contraband, we see narcotics brought through these 
tunnels, but the real question before this House and before the 
American people is this: If narcotics can be smuggled, what of a weapon 
of mass destruction? Just as assuredly as the House passed the fence 
bill last week and the other Chamber takes it up in the coming days to 
move forward, believe me, there will be intense and renewed interest in 
using subterranean facilities.
  We must pass this bill today as part and parcel of what the American 
people are calling for, and they are calling for enforcement first. 
Pass this legislation. Let's get this done.
  Mr. CONYERS. Madam Speaker, I yield myself as much time as I may 
consume.
  (Mr. CONYERS asked and was given permission to revise and extend his 
remarks.)
  Mr. CONYERS. While my neighbor and friend J.D. Hayworth is on the 
floor, let me gain his attention for just a moment. I am sorry that you 
do not want a comprehensive bill. Most people do in the Congress. And I 
would like you to respond to this inquiry: Were there hearings held on 
this bill in the Homeland Security Committee?
  Mr. HAYWORTH. Madam Speaker, will the gentleman yield?
  Mr. CONYERS. I yield to the gentleman from Arizona.
  Mr. HAYWORTH. Madam Speaker, I am not a custodian of the hearing 
record in the United States House of Representatives, any more than the 
gentleman is, no matter the----
  Mr. CONYERS. So, in other words, you do not know.
  Mr. HAYWORTH. Would the gentleman let me attempt to answer the 
question?
  Mr. CONYERS. No. Let us ask the gentleman another question----


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Will the gentleman suspend?
  Mr. CONYERS. Yes, ma'am.
  The SPEAKER pro tempore. The gentleman from Michigan has the time. 
Members may not interject remarks in debate unless they have been 
recognized or yielded to for such purposes, and a Member under 
recognition should be allowed to yield and reclaim time in an orderly 
fashion.
  The gentleman may continue.
  Mr. CONYERS. Madam Speaker, thank you.
  That was for your benefit.
  Now, let me ask you another question. Were there Judiciary hearings, 
even though you are not a custodian of the record? Well, I can answer 
that one for you. I think you ought to listen to the Madam Speaker a 
little bit more. You cannot speak on the floor. I know you have been 
here a while. You cannot interrupt a speaker unless you are yielded to. 
And I would----
  Mr. HAYWORTH. Madam Speaker, will the gentleman yield?
  Mr. CONYERS. I would be very happy to yield to answer my question.
  Mr. HAYWORTH. Madam Speaker, I would answer his question with an 
interrogative of my own. Is the gentleman aware of the extensive 
hearings held this summer by many different Members of the House 
outside Washington, D.C.----
  Mr. CONYERS. Is the answer yes or no?
  Mr. HAYWORTH. Equally as valid as any committee hearings held in 
Washington, D.C., no matter the jurisdiction?
  Mr. CONYERS. Taking my time back, I assume that the gentleman knows 
that the Judiciary Committee did not hold hearings either.
  And so we have this very urgent, important bill that has not had one 
hearing anywhere that I know of, and I think it explains something 
about the gentleman from Arizona's comment about what the American 
people want.
  Because in today's newspaper, I am reading that only 25 percent in a 
poll voice approval of the Congress, an echo of 1994 findings. Links to 
special interests are cited. Standing of Bush also lags.
  So I do not know if we are doing what the people really want that 
much. I think it is because we are not doing what the people want and 
are not moving an immigration bill which has passed this House, the 
counterpart has passed in the Senate, and we have not gone to 
conference yet. Somebody in the course of this discussion and debate 
ought to be able to explain why that is.
  Madam Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself 1 minute.
  First of all, the gentleman from Michigan says that we have not had 
any hearings in the Judiciary Committee. Since I became the chairman, 
we have had 68 hearings on the need to strengthen border security and 
enforcement of immigration law, and I will include the list of all 68 
hearings in the Record at this point.

                             109th Congress

       Immigration, Border Security, and Claims 7-27-2006 
     Oversight--Oversight Hearing on ``Whether Attempted 
     Implementation of the Senate Immigration Bill Will Result in 
     an Administrative and National Security Nightmare.''
       Immigration, Border Security, and Claims 7-18-2006 
     Oversight--Oversight Hearing on ``Should We Embrace the 
     Senate's Grant of Amnesty to Millions of Illegal Aliens and 
     Repeat the Mistakes of the Immigration Reform and Control Act 
     of 1986?''
       Immigration, Border Security, and Claims 6-22-2006 
     Oversight--Oversight Hearing on ``Is the Labor Department 
     Doing Enough to Protect U.S. Workers?''
       Immigration, Border Security, and Claims 6-8-2006 
     Oversight--Oversight Hearing on ``The Need to Implement WHTI 
     to Protect U.S. Homeland Security.''
       Immigration, Border Security, and Claims 5-18-2006 
     Hearing--Legislative Hearing on H.R. 4997, the ``Phvsicians 
     for Underserved Areas Act''.
       Immigration, Border Security, and Claims 3-30-2006 
     Oversight--Oversight Hearing on ``Should Congress Raise the 
     H-IB Cap?''
       Immigration, Border Security, and Claims 3-2-2006 
     Oversight--Joint Oversight Hearing on ``Outgunned and 
     Outmanned: Local Law Enforcement Confronts Violence Along the 
     Southern Border.''
       Immigration, Border Security, and Claims 11-17-2005 
     Oversight--Oversight Hearing on ``How Illegal Immigration 
     Impacts Constituencies: Perspectives from Members of Congress 
     (Part II).''
       Immigration, Border Security, and Claims 11-17-2005 
     Oversight--Joint Oversight Hearing on ``Weak Bilateral Law 
     Enforcement Presence at the U.S.-Mexico Border: Territorial 
     Integrity and Safety Issues for American Citizens.''
       Immigration, Border Security, and Claims 11-10-2005 
     Oversight--Oversight Hearing on ``How Illegal Immigration 
     Impacts Constituencies: Perspectives from Members of Congress 
     (Part I).''
       Immigration, Border Security, and Claims 9-29-2005 
     Oversight--Oversight Hearing on ``Dual Citizenship, 
     Birthright Citizenship, and the Meaning of Sovereignty.''
       Immigration, Border Security, and Claims 9-15-2005 
     Oversight--Oversight Hearing on: ``Sources and Methods of 
     Foreign Nationals Engaged in Economic and Military 
     Espionage.'' (Classified portion of hearing begins at 1 p.m.)
       Immigration, Border Security, and Claims 9-15-2005 
     Oversight--CONTINUATION of UNCLASSIFIED PORTION of 
     Oversight--Hearing on: ``Sources and Methods of Foreign 
     Nationals Engaged in Economic and Military Espionage.''

[[Page H6865]]

       Immigration, Border Security, and Claims 9-8-2005 Markup 
     Subcommittee on Immigration, Border Security & Claims--Markup 
     of H.R. 1219, the ``Security and Fairness Enhancement for 
     America Act of 2005.''
       Immigration, Border Security, and Claims 7-28-2005 Markup 
     Subcommittee on Immigration, Border Security & Claims Markup 
     of H.R. 1219, the ``Security and Fairness Enhancement for 
     America Act of 2005.''
       Immigration, Border Security, and Claims 6-30-2005 
     Oversight--Oversight Hearing on ``Immigration Removal 
     Procedures Implemented in the Aftermath ofthe September 11th 
     Attacks.''
       Immigration, Border Security, and Claims 6-28-2005 Hearing 
     Legislative Hearing on H.R. 2933, the ``Alien Gang Removal 
     Act of 2005.''
       Immigration, Border Security, and Claims 6-21-2005 
     Oversight--Oversight Hearing on the ``Lack of Worksite 
     Enforcement & Employer Sanctions.''
       Immigration, Border Security, and Claims 6-15-2005 
     Oversight--Oversight Hearing on the ``Diversity Visa 
     Program.''
       Immigration, Border Security, and Claims 5-12-2005 Hearing 
     Legislative Hearing on H.R. 98, the ``Illegal Immigration 
     Enforcement and Social Security Protection Act of 2005.''
       Immigration, Border Security, and Claims 5-5-2005 
     Oversight--Oversight Hearing on the ``New `Dual Missions' of 
     the Immigration Enforcement Agencies.''
       Immigration, Border Security, and Claims 5-4-2005 
     Oversight--Oversight Hearing on ``New Jobs in Recession and 
     Recovery: Who are Getting Them and Who are Not?''
       Immigration, Border Security, and Claims 4-21-2005 
     Oversight--Oversight Hearing on ``October 2005 Statutory 
     Deadline for Visa Waiver Program Countries to Produce 
     Security Passports: Why It Matters to Homeland Security.''
       Immigration, Border Security, and Claims 4-13-2005 
     Oversight--Oversight Hearing on ``Immigration and the Alien 
     Gang Epidemic: Problems and Solutions.''
       Immigration, Border Security, and Claims 3-10-2005 
     Oversight--Oversight Hearing on ``Interior Immigration 
     Enforcement Resources.''
       Immigration, Border Security, and Claims 3-3-2005 
     Oversight--Oversight Hearing on the ``Immigration Enforcement 
     Resources Authorized in the Intelligence Reform and Terrorism 
     Prevention Act of 2004.''


                             108th Congress

       Immigration, Border Security, and Claims 6-23-2004 
     Oversight--Oversight Hearing on ``Families and Businesses in 
     Limbo: The Detrimental Impact of the Immigration Backlog.''
       Immigration, Border Security, and Claims 6-17-2004 
     Oversight--Oversight Hearing on ``Families & Businesses in 
     Limbo: The Detrimental Impact of the Immigration Backlog.''
       Immigration, Border Security, and Claims 6-3-2004 Markup--
     Subcommittee Markup on H.R. 4453, the ``Access to Rural 
     Physicians Improvement Act of 2004.''
       Immigration, Border Security, and Claims 5-18-2004 
     Oversight--Oversight Hearing on ``Pushing the Border Out on 
     Alien Smuggling: New Tools and Intelligence Initiatives.''
       Immigration, Border Security, and Claims 4-29-2004 
     Oversight--Oversight Hearing on the ``Diversity Visa Program, 
     and its Susceptibility to Fraud and Abuse.''
       Immigration, Border Security, and Claims 4-1-2004 Hearing--
     Legislative Hearing on H.R. 3191, To prescribe the oath of 
     renunciation and allegiance for purposes of the Immigration 
     and Nationality Act.
       Immigration, Border Security, and Claims 3-24-2004 
     Oversight--Oversight Hearing on ``How Would Millions of Guest 
     Workers Impact Working Americans and Americans Seeking 
     Employment?''
       Immigration, Border Security, and Claims 3-18-2004 
     Oversight--Oversight Hearing on ``US VISIT: A Down Payment on 
     Homeland Security.''
       Immigration, Border Security, and Claims 3-11-2004 
     Oversight--Oversight Hearing on ``Funding for Immigration in 
     the President's 2005 Budget.''
       Immigration, Border Security, and Claims 3-4-2004 
     Oversight--Oversight Hearing on ``Alien Removal Under 
     Operation Predator.''
       Immigration, Border Security, and Claims 2-25-2004 
     Oversight--Oversight Hearing on ``Funding for Immigration in 
     the President's 2005 Budget.''
       Immigration, Border Security, and Claims 10-30-2003 
     Oversight--Oversight Hearing on the ``Prospects for American 
     Workers: Immigration's Impact.''
       Immigration, Border Security, and Claims 10-16-2003 
     Oversight--Oversight Hearing on ``Visa Overstays: A Growing 
     Problem for Law Enforcement.''
       Immigration, Border Security, and Claims 10-1-2003 
     Hearing--Legislative Hearing on H.R. 2671, the ``Clear Law 
     Enforcement for Criminal Alien Removal Act of 2003'' (CLEAR 
     Act).
       Immigration, Border Security, and Claims 9-11-2003 
     Oversight--Oversight Hearing on ``Should There Be a Social 
     Security Totalization Agreement with Mexico?''
       Immigration, Border Security, and Claims 7-15-2003 Markup--
     Subcommittee Markup of H.R. 2152, To amend the Immigration 
     and Nationality Act to extend for an additional 5 years the 
     special immigrant religious worker program.
       Immigration, Border Security, and Claims 7-11-2003 
     Oversight--Oversight Hearing on ``Immigration Relief Under 
     the Convention Against Torture for Serious Criminals and 
     Human Rights Violators.''
       Immigration, Border Security, and Claims 6-26-2003 
     Oversight--Oversight Hearing on ``The Federal Government's 
     Response to the Issuance and Acceptance in the U.S. of 
     Consular Identification Cards.''
       Immigration, Border Security, and Claims 6-24-2003 
     Oversight--Oversight Hearing on ``The Deadly Consequences of 
     Illegal Alien Smuggling.''
       Immigration, Border Security, and Claims 6-19-2003 
     Oversight--Oversight Hearing on ``The Issuance, Acceptance, 
     and Reliability of Consular Identification Cards.''
       Immigration, Border Security, and Claims 5-13-2003 
     Oversight--Oversight Hearing on ``John Allen Muhammad, 
     Document Fraud, and the Western Hemisphere Passport 
     Exception.''
       Immigration, Border Security, and Claims 5-8-2003 
     Oversight--Oversight Hearing on ``War on Terrorism: 
     Immigration Enforcement Since September 11, 2001.''
       Immigration, Border Security, and Claims 5-6-2003 Hearing--
     Legislative Hearing on H.R. 1714, H.R. 1275, H.R. 1799, H.R. 
     1814, and H.R. 1685, the ``House Military Naturalization 
     Bills.''
       Immigration, Border Security, and Claims 4-10-2003 
     Oversight--Oversight Hearing on ``Department of Homeland 
     Security Transition: Bureau of Immigration and Customs 
     Enforcement.''
       Immigration, Border Security, and Claims 4-2-2003 
     Oversight, Oversight Hearing on ``Immigration Student 
     Tracking: Implementation and Proposed Modifications.''
       Immigration, Border Security, and Claims 2-27-2003 
     Oversight, Oversight Hearing on ``New York City's `Sanctuary' 
     Policy and the Effect of Such Policies on Public Safety, Law 
     Enforcement, and Immigration.''


                             107th congress

       ``Immigration and Naturalization Service and the Executive 
     Office for Immigration Review'', 5-15-2001 Oversight Hearing
       ``Guestworker Visa Programs'', 6-19-2001
       ``United States Population and Immigration,'' 8-2-2001
       ``Using Information Technology to Secure America's Borders: 
     INS Problems with Planning and Implementation,'' 10-11-2001
       ``Immigration and Naturalization Service Performance: An 
     Examination of INS Management Problems,'' 10-17-2001
       ``A Review of Department of Justice Immigration Detention 
     Policies,'' 12-19-2001
       ``The Operations of the Executive Office for Immigration 
     Review,'' 2-6-2001
       ``Implications of Transnational Terrorism and the Argentine 
     Economic Collapse for the Visa Waiver Program,'' 2-28-2001
       ``The INS' March 2002 Notification of the Approval of Pilot 
     Training Status for Terrorist Hijackers Mohammed Atta and 
     Marwan Al-Shehhi'', 3-19-2001
       ``Immigration and Naturalization Service and Office of 
     Special Counsel for Immigration Related Unfair Employment 
     Practices,'' 3-21-2001
       The INS' Interior Enforcement Strategy, 6-19-2002
       Risk to Homeland Security from Identity Fraud and Identity 
     Theft (Held jointly with the Subcommittee on Crime, 
     Terrorism, and Homeland Security), 6-25-2002
       ``Role of Immigration in the Proposed Department of 
     Homeland Security pursuant to H.R. 5005, the Homeland 
     Security Act of 2002.''
       ``The INS's Implementation of the Foreign Student Tracking 
     Program,'' 9-18-2002
       ``Preserving the Integrity of Social Security Numbers and 
     Preventing Their Misuse by Terrorists and Identity Thieves 
     (Held jointly with the Subcommittee on Social Security of the 
     Committee on Ways and Means),'' 9-19-2002
       ``The INS's Interactions with Hesham Mohamed Mohamed Ali 
     Hedayet,'' 10-9-2002
       ``United States and Canada Safe Third Country Agreement,'' 
     10-16-2002

  Secondly, again, this Congress is running out of time. It is not the 
fault of anybody in the House of Representatives why a conference has 
not been created. We cannot set up a conference without the other body 
sending papers to us. They have not sent us the papers on the bill that 
they passed in May. Once the papers are here, then somebody can make a 
motion to send the bill to conference, but until the papers are here, 
there is nothing to send to conference.
  On the other hand, when we passed our immigration bill last December, 
the papers had been sitting over in the other body. They can set up the 
conference merely by taking up the House-passed bill, striking out all 
after the enacting clause, inserting the Senate text and asking for a 
conference. They have not done it.
  Madam Speaker, I yield 3 minutes to the gentleman from Indiana (Mr. 
Souder).
  (Mr. SOUDER asked and was given permission to revise and extend his 
remarks.)
  Mr. SOUDER. Madam Speaker, first off, I have had hearings on this 
very subject, not as a whole, but because certain gentlemen may only be 
absorbed in their own realm and may not

[[Page H6866]]

realize that there is a narcotics subcommittee on drug policy and 
criminal justice. We have had multiple hearings on the border over the 
past few years, multiple.
  It has been brought to the attention in a bipartisan way about this 
problem with tunnels, and I am thrilled that the Judiciary Committee 
chairman has brought this bill. There have been 50 of these tunnels, 51 
now with the new one just recently. There is a huge problem in the 
narcotics area.
  The reason it is primarily an issue in the narcotics area is because 
of the cost of building these tunnels, because of the engineering, 
particularly the ones with lighting and ventilation, that go between 
warehouse to warehouse is so expensive, that you basically want to use 
it for high-dollar items. The high-dollar items are usually cocaine, 
heroin, marijuana. Narco- terrorism on the major streets in the United 
States is coming through these tunnels, and it is about time we dealt 
with this subject.
  Furthermore, it appears, and the DEA believes, that the people who 
engineer and design these tunnels are then murdered afterwards, and 
sometimes the tunnels work night and day. The one in January was a 
larger one and appeared to be working night and day and were 
discovered; other ones they would only bring open for high-value 
targets to move through.
  Now, a high-value target is in the eyes of the person willing to pay. 
Yes, cocaine, heroin, and those are the general things moved through, 
but a high-value target can also be a terrorist. A high-value target 
can also be someone who is dealing with chemical, biological or nuclear 
weapons, because they are willing to pay the amount to move through 
those tunnels. It is more than worth it to the person who built the 
tunnel to recoup their costs.
  This is extremely important. It is a loophole in the law that we need 
to address.
  I also serve on the border subcommittee on Homeland Security. The 
fact is we are making progress. We are stopping these people. The fact 
is the DEA, through their hard effort, have found 51 of these tunnels. 
What we need is a law that holds the people accountable who have done 
this, and it is that we cannot sit around and wait for the Senate to 
come back on all this kind of stuff. This should be done now, and the 
border needs to be secured.
  I favor looking at comprehensive, but first seal this border. I thank 
the chairman for his leadership.
  Mr. Speaker, given the more vigorous efforts in recent years to 
intercept drug traffickers on the high seas, drug-trafficking 
organizations (DTOs) have clearly shifted their operations to the U.S.-
Mexico border. The vast bulk of these drugs are smuggled through the 
ports of entry and--to a lesser extent--between those ports. Such 
illegal shipments are difficult to intercept, in part due to the 
enormous volume of legitimate traffic of people and goods at these 
locations. But recent discoveries of sub-terranean tunnels crossing the 
border point to the problem of a growing sophistication and 
determination of the DTOs to inflict their deadly product on the people 
of this country, regardless of expense and labor.
  As the lead Federal agency tasked with bringing down the DTOs both in 
this country and abroad, the Drug Enforcement Administration (DEA) is 
well aware of this threat and has worked ceaselessly to counter it. 
Working with their Federal, State, local and foreign counterparts, the 
DEA has worked hard to develop confidential sources in this country and 
abroad who will provide information leading to the discovery of more of 
these tunnels.
  It is evident from the size and sophistication of recently discovered 
tunnels that they are linked to some of the largest and most ruthless 
DTOs operating along our borders. Financial resources to construct and 
operate these tunnels cost millions of dollars, which are only 
available to these large-scale organizations. Tunnels discovered by DEA 
have been equipped with reinforced ceilings, water evacuation and 
ventilation systems, and even concrete floors. However, the smuggling 
of drugs through these tunnels can result in a significant return on 
this investment. As such, the discovery and removal from service of 
these tunnels significantly disrupts the operations of these 
organizations which count on these conduits for entry into the U.S. 
Most importantly, closing down these underground corridors hits the 
DTOs where it hurts--their bank accounts.
  Recent successes have been encouraging.
  The most ambitious of these was discovered on January 26 of this 
year, a tunnel which opened into a vacant warehouse just east of the 
Otay Mesa port of entry in California. A tip from a confidential 
informant to the Tunnel Task Force--staffed by DEA and Immigration and 
Customs Enforcement (ICE)--led to the discovery of this tunnel, which 
started 150 yards south of the border and proceeded an incredible one-
half mile into the United States. A DEA investigation determined that 
the tunnel--which was equipped with electric lighting and ventilation--
had probably been operating since November and had been used day and 
night since its completion to smuggle marijuana and other illegal drugs 
into the country. Any trucks leaving the warehouse loaded with drugs 
would have quickly disappeared into the steady and heavy traffic of 
legitimate goods flowing through that immediate area.
  Thanks to the hard work of DEA and other agencies, at least 51 of 
these tunnels have been discovered and shut down already. Almost all of 
these are in the San Diego and Tucson sectors of the border. Of note, 
Federal, state, and local organizations have banded together and fused 
resources in the establishment of a Tunnel Task Force, which is 
responsible for bringing to justice those responsible for this threat 
to our national security. Officers from DEA, ICE, CBP, the San Diego 
Police Department, Chula Vista Police Department, and the National City 
Police Department all participate in this endeavor.
  But the discovery of a tunnel under the U.S.-Canada border into 
Washington State shows that our northern border can also be threatened 
by this new smuggling tactic. DEA agents working with their 
counterparts in the Royal Canadian Mounted Police discovered the 360-
foot long tunnel after setting up secret surveillance on the American 
side in early July. Three Canadian citizens were recorded moving large 
bags through the tunnel which later were found to contain heavy loads 
of marijuana and ecstasy. These individuals were later arrested, pled 
guilty to various offenses and were sentenced to nine years in Federal 
prison.
  Finally, we can hardly forget that the terrorists who attacked us on 
September 11, 2001 did so under false pretenses. We have increased our 
security considerably since then, and this undoubtedly makes the 
possibility of entering this country through one of these tunnels a 
more attractive proposition for potential terrorists. While the DTOs 
are not likely to use their tunnels for smuggling average illegal 
immigrants, they might allow them to be used by special-interest aliens 
for the right price. Therefore, we can be thankful for all the efforts 
of DEA and other agencies to detect and shut down these tunnels before 
they lead to catastrophic harm to our people.
  Mr. Speaker, the problems of cross-border tunnels is urgent and 
growing, and we would be shirking our duty to the people if we dither 
any more. We don't need to study and ponder the challenge any longer. 
We need to pass this bill now and give Federal agencies like DEA 
stronger leverage in going after those people who seek to use this 
insidious method to smuggle dangerous narcotics and--potentially--
dangerous people into our country.

                              {time}  1230

  Mr. CONYERS. Madam Speaker, I now yield with pleasure to the ranking 
member of the Judiciary Subcommittee on Immigration, Ms. Sheila 
Jackson-Lee, as much time as she may consume.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Madam Speaker, the gentleman from Michigan 
has been waging a valiant defense, if you will, of the ongoing efforts 
that we have made to confront this issue.
  Might I take some of my time to correct the record. A good friend of 
mine who was just here on the floor did not want to answer some very 
simple questions. And you need not be the custodian of any records to 
know whether there have been specific hearings in the Homeland Security 
Committee on these bills. I am a member of that committee, and the 
answer is absolutely not. That is regular order. We do that not to hear 
ourselves talk; we do that so the American people can have a truly 
vetted bill that really addresses the question that you are concerned 
about. Then, if we want to know whether they have been in front of the 
Judiciary Committee, they have not. So we have not had an opportunity 
to determine the concreteness, if you will, of these bills and whether 
or not they will work.
  The other aspect of it, let me let you attend to this factor, these 
are authorizing bills. None of these will go anywhere if they are not 
appropriated, if there are funds that are not appropriated. And that 
has been the general issue.
  I listened to the eloquence of my friend from Indiana, and I agree 
with

[[Page H6867]]

him. There is no debate here on the floor regarding the criminalizing 
of those who build a tunnel. That is a commonsense, no-debate question. 
If you have a tunnel, and those who build it, many of the individuals 
who do it are coming across for criminal reasons, drug smugglers and 
others, then we should have some response.
  But what we do today is only isolated today. There is no question 
that we have delayed and delayed and delayed and delayed the work of 
this House and this Senate and this body. We have delayed it because we 
passed 2, 3, 4 months ago comprehensive immigration reform. You may not 
have liked the bill out of the House, you may have voted for it or 
voted against it, but it did pass. You may not have liked the Senate 
bill. You may have voted ``yes'' or ``no,'' but it passed. Regular 
order.
  And I want to correct the record. Over and over again we hear: we 
can't do our job because they haven't sent papers. Well, my question 
is, did they not send papers on the Iraq resolution and we didn't 
resolve it? Did they not send papers on the Medicare bill? This is a 
paper response. This is a straw man's response.
  Let me tell you what is being discussed. In the Senate bill there are 
what we call fee enhancers or tax provisions. The only authorizing 
entity that can increase taxes is the United States House of 
Representatives. Now, isn't it interesting that the House is controlled 
by Republicans, the Senate is controlled by Republicans. So, in 
essence, the Republicans can get together and work it out.
  They want to have this conflict because, in fact, one of the Members 
here, it is alleged, in the House side would blue slip the Senate bill, 
this is all complicated, and that means they would stop it from going 
to conference. All of that can be worked out, my friends. That is like 
a playground squabble between siblings. And we know that it can be 
worked out. Mother can come to the playground, teacher can stop the 
siblings. But they want to use that as an excuse so they can frustrate 
the process and make the American people think we are doing our job.
  Even if we pass this bill, which I think it is almost going to be 
quite a big vote because we are arguing against nothing and we are 
arguing against something that could have been handled in, if you will, 
in conference, there is no money. There is no money to do some of the 
things that many of these bills will be engaged in. And, frankly, that 
is why we come to the floor with these complaints.
  Why not do comprehensive immigration reform, get ourselves in a 
posture to be able to appropriate immediately even in this session the 
dollars that we will need to fund comprehensive reform? The Border 
Tunnel Prevention Act will facilitate the prosecution of people who 
build or use tunnels across the border illegally. It will not secure 
our borders. It is not the only thing. I have seen tunnels, I want them 
to be thwarted, and I want to make sure we have a system of protection 
of our borders. And, frankly, we have failed. We have failed that we 
don't have enough Customs and Border Protection agents so that when you 
come through the northern border and we note something suspicious and 
we are at the port of entry and we are in the outside area, there is 
not enough Custom and Border Protection agents that are there for what 
we call secondary inspection. That is shame on us.
  This Congress, this Republican Congress, has refuted time and time 
again Democratic amendments that would have generated 14,000 detention 
beds, increased U.S. marshals, increased Border Patrol agents. It is 
all falling at the feet of this majority. Now they want to rush to the 
floor bills that have already been passed, but yet we haven't had any 
hearings to suggest that there might be some additions we might add. 
The rule is closed so we couldn't give you any enhanced, maybe we want 
to have immediate 100,000 detention beds. We couldn't even offer an 
amendment.
  So, my friends, I simply want to suggest as the distinguished ranking 
member, and I want to thank him for his leadership, he has attended and 
been eloquent at the field hearings. And I think he would agree with 
me, in the ones that both of us have attended we were looking for the 
Americans, if you will. When I say that, we were looking for the people 
in Detroit, we were looking for the people in Iowa, we are looking for 
the people in New York; and all we had were witnesses. We appreciate 
those witnesses, who had been here over and over again in testimony in 
Washington. So when my good friend the chairman speaks about, and 
others about, these hearings, let me make it very clear. Whether you 
were against or for immigration, you are outside the room or you were 
in the audience. You were not witnesses. I mean, I went to many and 
there were protesters for and against. We didn't let them speak. And so 
it is disingenuous to suggest that these hearings heard anything from 
America.
  When I went to Iowa, every single religious leader, bishops of the 
Lutheran Church, of the Methodist Church, and many others stood against 
the House bill. They were not allowed to testify. And in Houston, the 
chairman there played a 1992 tape about violence at the border. 
Couldn't even have current information.
  Lastly, as I close, I have been working on this drug issue and drug 
violence for a number of years. I sit on the Subcommittee on Crime. I 
have toured the Caribbean and seen some of the work of our DEA agents. 
It is unfortunate that we mix drug violence at the border, which does 
occur, and we need funding of drug enforcement agents with this issue 
of immigration. Drug dealers use any mode so they may be engaged in 
smuggling, but that issue needs its own hard crush of the law, it needs 
its own separate funding, it needs its own enhancement of drug 
enforcement agents who are out there working every day and we are 
underfunding them.
  So when we talk about immigration, I go to my seat by simply saying, 
bring the tunnel prosecution on. This bill was offered by Senator 
Feinstein on the Senate side. But the method and the methodology is 
failed. We need comprehensive immigration reform, we need a pathway to 
citizenship, we need to stop the farce, and we certainly need to stop 
telling the American people by passing these bills without funding that 
they are going to be any more secure than they were yesterday.
  Democrats put their money where their mouth was and offered any 
number of amendments since 2004, all to be defeated by this Republican 
majority. I would think the question needs to be asked, are you 
serious, or you playing with the minds and hearts of the American 
people? My belief is that the American people deserve better, and 
comprehensive immigration reform is the call of the day.
  I rise in opposition to the Border Tunnel Prevention Act of 2006, 
H.R. 4830. The Border Tunnel Prevention Act would make the construction 
and financing of tunnels crossing the U.S. international border a crime 
subject to a fine and up to 20 years of imprisonment. Also, landowners 
who know about or recklessly disregard the construction or use of a 
border tunnel would be subject to a fine and up to 10 years of 
imprisonment.
  Border tunnels are a problem. A significant number of tunnels have 
been detected in recent years, and the fences that will be erected 
pursuant to a recently passed fence bill will result in even more 
tunnels. I agree that we need to prosecute people involved in building 
or using them. The question, however, is not whether we should 
facilitate such prosecutions but whether we should pass such narrowly 
focussed legislation before we have addressed the larger immigration 
problems.
  The Border Tunnel Prevention Act will facilitate the prosecution of 
people who build or use tunnels to cross the border illegally. It will 
not secure our borders. If tunnels cannot be built to cross under a 
fence, the immigrants simply will go around the fence. Instead of 
voting on H.R. 4830 and other bills that raise a few issues on a 
piecemeal basis, we should be going to conference to resolve the 
differences between the House and Senate immigration reform bills that 
have already passed.
  If we fix our broken immigration system and provide a sufficient 
number of visas for lawful entries, we will not need to worry about 
tunnels that take people across the border.
  Mr. SENSENBRENNER. Madam Speaker, I reserve the balance of my time.
  Mr. CONYERS. Madam Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself the balance of the 
time.
  I think we ought to get back to what this bill does so that Members 
are properly advised on how to cast their votes.

[[Page H6868]]

  What the bill does is to create a criminal offense to prohibit the 
unauthorized construction, financing, or reckless permitting on one's 
land the construction or use of a tunnel or subterranean passageway 
between the United States and another country.
  Now, if you want that to be criminal, vote ``aye,'' and if you don't, 
vote ``no.'' I am going to vote ``aye.'' I hope all the Members do.
  Mr. SCHIFF. Madam Speaker, I rise today to express my support for 
H.R. 4830, the Border Tunnel Prevention Act.
  Since September 11th, I have been extremely concerned with the 
security of our Nation's points of entry and the securing of weapons of 
mass destruction.
  I have worked with my colleagues to establish screening of our air 
cargo, to deploy radiation detectors at our ports and borders, and to 
secure nuclear materials throughout the world. Most recently, I have 
worked with Senators Feinstein and Kyl on securing our seaports from 
terrorist attacks and sabotage, legislation that was signed into law 
earlier this year.
  That is why the discovery in January of this year of a 2,400 foot 
tunnel near San Diego which was equipped with sophisticated draining, 
lighting, and pulley systems should shock the conscience of every 
Member of Congress. In fact, just this week, the U.S. Drug Enforcement 
Administration announced that they had discovered yet another cross-
border drug-smuggling tunnel beneath a private residence in Calexico, 
California, that extended nearly 400 feet to a house in Mexicali, 
Mexico.
  This is not a California problem or an Arizona problem--it is a 
national one.
  Madam Speaker, all of our other efforts to secure our Nation's points 
of entry will be futile if this growing national security problem on 
our borders is not addressed. Although these tunnels have been 
principally used to smuggle drugs and illegal immigrants, there is 
nothing preventing their use for the smuggling of chemical, biological, 
or radiological material. The 9/11 Commission warned against a 
``failure of imagination'', and it takes little to imagine terrorists 
making use of these holes in our border security.
  Since 9/11, U.S. border officials have discovered 40 tunnels along 
American borders. They range in complexity from short ``gopher holes'' 
to massive drug-cartel built passages like the one found near San Diego 
in January.
  We know that terrorists have and will continue to try to enter our 
country via our borders. The 2000 LAX millennium bomb attack plot was 
foiled when a terrorist was arrested at the U.S.-Canadian border after 
crossing by ferry. Customs officials found nitroglycerin and four 
timing devices concealed in a spare tire well of his automobile.
  I am proud to be an original cosponsor to the legislation that we are 
considering today which would impose a punishment of up to 20 years in 
prison for individuals who are convicted of constructing or financing a 
subterranean tunnel under the U.S. border. It would, furthermore, 
impose a punishment of up to 10 years in prison for anyone who permits 
others to construct or use an unauthorized tunnel on their land. The 
bill also doubles penalties for those who use a tunnel or subterranean 
passage to smuggle aliens, weapons, drugs, terrorists or other illegal 
goods, and permits the seizure of assets of anyone involved in the 
offense, or any property that is traceable to the offense.

  While those attempting to enter our country were being closely 
scrutinized and airline passengers were taking their shoes off or 
turning over their nail clippers, 40 border tunnels were being 
constructed in the United States, and thousands of pounds of illegal 
drugs and illegal aliens were pouring into our country.
  Those patrolling our borders believe there is a direct correlation 
between the increased fortification of the border and the increase in 
the number of tunnels being found. If this problem is not addressed, it 
will just be a matter of time before these tunnels serve as an entry 
point for weapons and explosives, dangerous materials, and terrorists.
  As a former federal prosecutor, I can appreciate how this legislation 
will serve as a useful tool in going after those who finance or 
construct these tunnels.
  If the tunnel discovered earlier this week in Calexico, California, 
had been abandoned with no evidence remaining of drug or alien 
smuggling, those responsible for its construction should not be free 
from punishment. And those who negligently permit a tunnel opening or 
passage on their property should not be able to escape harsh penalties.
  I appreciate the opportunity to work with Senators Feinstein and Kyl 
and Representatives Dreier and Hunter on this important legislation and 
I applaud Senator Feinstein's leadership on this crucial issue.
  We must address this crucial national security matter, and I ask my 
colleagues to join me in supporting this much-needed legislation to 
stiffen penalties and successfully prosecute those who construct or 
finance tunnels under the U.S. border.
  Mr. BLUMENAUER. Mr. Speaker, it is time to stop this charade on 
immigration. Since the Republican leadership is unable to reach an 
agreement with its members, or even their Republican president, they 
have become more interested in producing harsh rhetoric and meaningless 
acts than passing comprehensive and realistic immigration reform.
  The House and Senate have each passed their respective bills. It is 
past time to convene a conference committee to reconcile these bills. 
Both chambers must work together to reach an agreement that produces 
true immigration reform instead of wasting its time harassing 
immigrants and local businesses and passing meaningless provisions that 
have little chance of becoming law.
  Mr. DREIER. Madam Speaker, illegal border tunnels entering our 
country undermine our efforts to protect the border and pose a 
significant threat to our national security. Last January, I was 
shocked to hear that the San Diego Tunnel Task Force, a group composed 
of agents from the Border Patrol, Immigration and Customs Enforcement 
(ICE), and Drug Enforcement Administration (DEA), discovered an 
elaborate border tunnel connecting Otay Mesa, California and Tijuana, 
Mexico; a complex 2,500 foot tunnel complete with electricity and 
ventilation systems, and harboring two tons of marijuana. Just last 
weekend, officials discovered a 400 foot tunnel connecting Calexico, 
California and Mexicali, Mexico. This tunnel was equipped with lighting 
and supported by wooden beams.
  The underground corridors prove just how persistent the criminals and 
drug smugglers who quietly slip into our country are. The existence of 
these tunnels also points to an even more ominous danger: they could be 
used by terrorists to exploit our porous borders and strike within the 
U.S. Unfortunately, the Otay Mesa and Calexico tunnels are just two of 
several underground corridors discovered between America's land 
borders, trafficking unknown numbers of individuals and illicit 
substances. In fact, 38 border tunnels have been discovered since 
September 11, 2001. All but one was on the Southern border.
  Using manpower and technology to find these tunnels and shut them 
down will not stop others from being built and used. Tunneling will 
only begin to subside after tough and clear penalties are enacted for 
anyone involved in this pernicious violation of our border and our 
sovereignty. Surprisingly, the laws on the books are ineffectual and, 
in many ways, non-existent. This is a serious problem that deserves 
serious punishment for anyone who so flagrantly compromises our border 
security.
  The Border Tunnel Prevention Act criminalizes the construction of 
border tunnels that span our international borders. Specifically, the 
bill creates a new Federal law to criminalize the construction of 
illegal border tunnels crossing into the U.S., punishable by a maximum 
20 years in prison. It also imposes a maximum 10-year prison sentence 
on those who recklessly allow others to build such tunnels on their 
land. In addition, the bill doubles the sentence for using a tunnel to 
smuggle aliens, weapons, drugs, terrorists, or illegal goods. For 
example, under current law, knowingly smuggling an illegal alien into 
the U.S. is punishable by a maximum 10-year prison sentence. Under this 
bill, that penalty would double to a maximum 20-year prison term if the 
illegal alien was smuggled in through an illegal border tunnel. 
Finally, the bill enables the Federal Government to seize any of the 
assets or property involved in the construction of the illegal border 
tunnel.
  The Border Tunnel Prevention Act is just the latest example of House 
Republicans taking a strong stand when it comes to border security. 
House Republicans have provided the funding to hire 1,500 new Border 
Patrol agents this year and 1,200 next year. Last December, we passed 
H.R. 4437, the Border Security Protection, Antiterrorism, and Illegal 
Immigration Control Act to enhance border security and reform our 
outdated immigration laws. Last week, we approved H.R. 6061, the Secure 
Fence Act, to construct fences at five specific border zones where 
deaths are common, drug smuggling is rampant and illegal border 
crossings are numerous. And today, we will consider legislation to 
swiftly detain and deport dangerous illegal immigrants and enhance 
prosecution of alien smugglers, cooperation between local law 
enforcement and Federal immigration officials, and removal of illegal 
immigrants.
  Cracking down on those who use and construct tunnels, as well as 
those who allow them to be constructed on their property, is another 
commonsense step to our full-court press to securing our border. When 
combined with a strengthened Border Patrol, enhanced use of sensory 
technology, and strategic fencing in heavily trafficked areas, we will 
have an across-the-board approach to smarter border

[[Page H6869]]

security. Over land, in the air, and underground, we must make a 
commitment to control and secure the border. I urge all my colleagues 
to support this important border security bill.
  Mr. STARK. Madam Speaker, I rise in opposition to H.R. 4830, the 
Border Tunnel Prevention Act, H.R. 6094, the Community Protection Act, 
and H.R. 6095, the Immigration Law Enforcement Act. Only in the 
backward world of Republican campaign strategy would passing more 
ineffective bills be seen as a way to highlight ``progress'' on illegal 
immigration.
  I hope that the American people ask what happened to the massive 
immigration bill that the House passed in December. I hope they 
question why House Republicans are today spending time debating three 
bills they know the Senate will never consider. The truth is that 
Republicans aren't interested in stopping illegal immigration. If they 
were, they'd crack down on employers. Or at least make an effort to 
resolve differences with their colleagues in the Senate.
  If you define progress by anything other than fear-mongering 
rhetoric, then this Congress is no more likely to secure the border 
than the Capitol Police are to stop an armed intruder.
  Because this Republican Congress long ago abandoned the idea of 
purposeful governing, they slapped together these three immigration 
bills without concern for constitutionality or feasibility. No bad idea 
from a backbench right-winger was too extreme. If these bills became 
law:
  Immigrants could be indefinitely detained at the whim of the 
Department of Homeland Security. Hey, it hasn't worked at Guantanamo, 
but why not try it on U.S. soil?
  The Attorney General could order immediate deportation of anyone 
deemed to be a member of a designated street gang, regardless of 
whether members had committed crimes. In other words, hanging around 
the wrong crowd, at least in the eyes of Alberto Gonzales, would be a 
deportable offense.
  Federal courts hearing immigration cases would be instructed that any 
relief granted to immigrants would have to be the ``minimum necessary'' 
and ``least intrusive'' to government agencies. So if the government 
wrongly jailed you for 20 years, you might get released, but don't 
expect any compensation for the loss of your livelihood.
  They say that desperate times call for desperate measures, and the 
Republican Party is clearly desperate to cling to power. I urge my 
colleagues to vote no.
  Mr. SENSENBRENNER. Madam Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1018, the bill is considered read and 
the previous question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SENSENBRENNER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________