[Congressional Record Volume 158, Number 14 (Monday, January 30, 2012)]
[Senate]
[Pages S172-S173]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BORDER TUNNEL PREVENTION ACT OF 2011

  Mr. BROWN of Ohio. Madam President, I ask unanimous consent that the 
Senate proceed to Calendar No. 260, S. 1236.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1236) to reduce the trafficking of drugs and to 
     prevent human smuggling across the Southwest Border by 
     deterring the construction and use of border tunnels.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BROWN of Ohio. I ask unanimous consent that the bill be read a 
third time and passed, the motion to reconsider be laid upon the table, 
with no intervening action or debate, and any statements related to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1236) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1236

       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 2011''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) As the international border between the United States 
     and Mexico becomes more secure, trafficking and smuggling 
     organizations intensify their efforts to enter the United 
     States by increasing the number of 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) Between May 1990 and May 2011, law enforcement 
     authorities discovered 137 tunnels, 125 of which have been 
     discovered since September 2001. While law enforcement 
     authorities discovered only 2 tunnels in California between 
     1990 and 2001, there has been a dramatic increase in the 
     number of border tunnels discovered in California since 2001.
       (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. DEFINITIONS.

       In this Act:
       (1) National security zone.--The term ``national security 
     zone'' means any Southwest Border land designated by the 
     Secretary as being at a high risk for border tunnel activity, 
     as authorized under section 8(b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (3) Southwest border land.--The term ``Southwest Border 
     land'' means all parcels of real property in the United 
     States that--
       (A) are located within 1 mile of the international border 
     between the United States and Mexico; and
       (B) are not owned by a Federal, State, tribal, or local 
     government entity.

     SEC. 4. 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 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. 5. 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. 6. 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

[[Page S173]]

     through a tunnel or passage described in section 555(a) of 
     title 18, United States Code, shall be subject to seizure and 
     forfeiture in accordance with section 596(c) of the Tariff 
     Act of 1930 (19 U.S.C. 1595a(c)).

     SEC. 7. 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. 8. NOTIFICATION REQUIREMENTS.

       (a) Notification to Land Owners.--The Secretary is 
     encouraged to annually provide each known nongovernmental 
     owner and tenant of land located in a national security zone 
     with a written notification that describes--
       (1) Federal laws related to the construction of illegal 
     border tunnels; and
       (2) the procedures for reporting violations of such laws to 
     U.S. Immigration and Customs Enforcement.
       (b) Designation of Border Tunnel High Risk Areas.--
       (1) In general.--The Secretary may designate any Southwest 
     Border land that the Secretary has a substantial reason to 
     believe is at a high risk for border tunnel activity as a 
     national security zone.
       (2) Publication.--The Secretary shall--
       (A) publish any designations made under paragraph (1) in 
     the Federal Register; and
       (B) allow appropriate notice and comment in accordance with 
     the chapter 5 of title 5, United States Code (commonly 
     referred to as the ``Administrative Procedures Act'').
       (c) Rulemaking.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section.

     SEC. 9. REPORT.

       (a) In General.--The Secretary shall submit an annual 
     report to the congressional committees set forth in 
     subsection (b) that includes a description of--
       (1) the cross border tunnels in Southwest Border land 
     discovered during the reporting period; and
       (2) the needs of the Department of Homeland Security to 
     effectively prevent, investigate and prosecute border tunnel 
     construction on Southwest Border land.
       (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.

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