[Congressional Record (Bound Edition), Volume 158 (2012), Part 5]
[House]
[Pages 6755-6759]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  BORDER TUNNEL PREVENTION ACT OF 2012

  Mr. SMITH of Texas. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 4119) to reduce the trafficking of drugs and to 
prevent human smuggling across the Southwest Border by deterring the 
construction and use of border tunnels, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4119

       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.

[[Page 6756]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentleman from Puerto Rico (Mr. Pierluisi) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. 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. 4119, as amended, 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 4119, the Border Tunnel Prevention Act of 2012, 
strengthens current law and prohibits the construction, use, and 
financing of unauthorized tunnels across the U.S. border.
  I thank the sponsors of this legislation, Mr. Reyes of Texas and Mr. 
Quayle of Arizona, for their work on this bipartisan, bicameral bill.

                              {time}  1620

  Similar legislation passed the Senate by unanimous consent in 
January.
  This legislation establishes the penalty for conspiracy or attempt to 
use, construct, or finance a cross-border tunnel. It also identifies 
the construction, financing, or use of a cross-border tunnel as a 
predicate offense for a charge of money laundering and for an 
application for judicial authorization to intercept wire, oral, or 
electronic communications. H.R. 4119 also allows the criminal 
forfeiture of property that enters the United States through a cross-
border tunnel.
  Reports of drug-smuggling tunnels have increased, particularly in the 
past 10 years. Drug traffickers have ramped up their use of underground 
smuggling in light of increased border security, either real or 
perceived. Mexican drug-trafficking organizations have used tunnels as 
a smuggling method since at least 1990.
  A majority of cross-border tunnels continue to be found in California 
and Arizona. These tunnels range in sophistication from a simple 16-
inch pipe to well-engineered tunnels equipped with electricity, 
ventilation, and rails. Ownership of the tunnels is often attributed to 
the Mexican drug cartels.
  To find cross-border tunnels, U.S. agents use devices that range from 
ground-penetrating radar to seismic sensors. Despite these efforts, 
drug smugglers continue to build the tunnels.
  In November 2011, Federal law enforcement agents shut down two 
sophisticated tunnels that led from an area near Tijuana's airport to 
an industrial park in the U.S. About 49 tons of marijuana were seized.
  Drug traffickers are also skilled at setting up front companies to 
rent space in busy warehouse districts in the United States. Mining 
engineers and architects are employed to construct the tunnel and bore 
directly into the foundation of the front company's rented warehouse.
  The Drug Enforcement Administration describes marijuana as ``the top 
revenue generator for Mexican drug trafficking organizations--a cash 
crop that finances corruption and the carnage of violence year after 
year.'' The profits from marijuana trafficking finance the drug 
cartels' other drug enterprises, which include the construction and use 
of cross-border tunnels.
  Border tunnels are an unfortunate testament to the ingenuity and 
determination of the Mexican drug cartels. It is time for Congress to 
enhance law enforcement's ability to fight transnational organized 
crime and the drug cartels' construction of cross-border tunnels. This 
bill reaffirms our determination to bring an end to cross-border 
tunnels.
  When Congress enacted the border-tunnel statute in 2007, it omitted 
the changes contained in this bill. H.R. 4119 simply corrects this to 
ensure that investigators are equipped with the ability to locate and 
shut down these tunnels and hold these dangerous criminals accountable.
  I urge my colleagues to support this bipartisan legislation, and I 
reserve the balance of my time.

                                                     May 15, 2012.
     Hon. Lamar Smith,
     Chairman, Committee on the Judiciary, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman Smith,
       On March 21, 2012, the Committee on the Judiciary reported 
     H.R. 4119, the Border Tunnel Prevention Act of 2012, as 
     amended, favorably to the House. The Committee on

[[Page 6757]]

     Ways and Means received an additional referral on the bill as 
     a result of section 5(b) dealing with civil asset forfeiture, 
     which falls within the jurisdiction of the Committee on Ways 
     and Means. As a result of your Committee's agreement to 
     remove section 5(b) of the bill, I agree to discharge the 
     Committee on Ways and Means from further consideration of the 
     bill so that a suspension version, incorporating the 
     amendments to which we have agreed, may proceed expeditiously 
     to the House Floor.
       The Committee on Ways and Means takes this action with our 
     mutual understanding that, by foregoing consideration of H.R. 
     4119 at this time, we do not waive any jurisdiction over the 
     subject matter contained in section 5(b) in this or similar 
     legislation, and that our Committee will be appropriately 
     consulted and involved if that provision moves forward in any 
     legislation so that we may address any issues that arise and 
     fall within our Rule X jurisdiction. Our Committee also 
     reserves the right to seek appointment of an appropriate 
     number of conferees to any House-Senate conference involving 
     this provision, and requests your support for any such 
     request.
       Finally, I would appreciate your response to this letter 
     confirming this understanding, and would ask that a copy of 
     our exchange of letters on this matter be included in the 
     Congressional Record during floor consideration thereof.
           Sincerely,
                                                        Dave Camp,
     Chairman.
                                  ____

                                                   Congress of the


                                                 United States

                                     Washington, DC, May 15, 2012.
     Hon. Dave Camp,
     Chairman, Committee on Ways and Means, 1102 Longworth House 
         Office Building Washington, DC.
       Dear Chairman Camp, thank you for your letter regarding 
     H.R. 4119, the ``Border Tunnel Prevention Act of 2012,'' 
     which the Judiciary Committee reported favorably, as amended, 
     to the House on March 21, 2012.
       As introduced, H.R. 4119 contained a provision (section 
     5(b)) that formed the basis of an additional referral of the 
     bill to your committee. Today, on a motion to suspend the 
     rules, the House will consider a version of H.R. 4119 that 
     does not include section 5(b) of the introduced bill. I am 
     most appreciative of your decision to discharge the Committee 
     on Ways and Means from further consideration of H.R. 4119, as 
     amended, so that it may proceed to the House floor. I 
     acknowledge that although you are waiving formal 
     consideration of the bill, the Committee on Ways and Means is 
     in no way waiving its jurisdiction over the subject matter 
     contained in those provisions of the bill, including section 
     5(b) of the bill as reported by the Judiciary Committee, 
     which fall within your Rule X jurisdiction. In addition, if a 
     conference is necessary on this legislation, I will support 
     any request that your committee be represented therein.
       Finally, I shall be pleased to include this letter and your 
     letter of even date herewith in the Congressional Record 
     during floor consideration of H.R. 4119.
           Sincerely,
                                                      Lamar Smith,
     Chairman
                                  ____

                                                   March 14, 2012.
     Hon. Lamar Smith,
     Chairman, Committee on the Judiciary, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman Smith: I am writing in regards to the 
     jurisdictional interest of the Committee on Homeland Security 
     over provisions in H.R. 4119, the ``Border Tunnel Prevention 
     Act of 2012'', which the Committee on the Judiciary ordered 
     to be reported out, without amendment, on March 6, 2012.
       I understand the importance of advancing this legislation 
     to the House floor in an expeditious manner. Therefore, the 
     Committee on Homeland Security will discharge H.R. 4119 from 
     further consideration. This action is conditional on our 
     mutual understanding and agreement that doing so will in no 
     way diminish or alter the jurisdiction of the Committee on 
     Homeland Security over the subject matter included in this or 
     similar legislation. I request that you urge the Speaker to 
     appoint members of this Committee to any conference committee 
     for consideration of any provisions that fall within the 
     jurisdiction of the Committee on Homeland Security in the 
     House-Senate conference on this or similar legislation.
       I also request that this response and your letter be 
     included in the Committee on the Judiciary report to H.R. 
     4119 and in the Congressional Record during consideration of 
     this measure on the House floor. Thank you for your 
     consideration of this matter.
           Sincerely,
                                                    Peter T. King,
                                                         Chairman.
                                  ____
                                  
                                                   March 15, 2012.
     Hon. Peter T. King,
     Chairman, Committee on Homeland Security, Ford House Office 
         Building, Washington, DC.
       Dear Chairman King, thank you for your letter regarding 
     H.R. 4119, the ``Border Tunnel Prevention Act of 2012,'' 
     which is likely to be scheduled for consideration by the 
     House in the near future.
       I am most appreciative of your decision to forego 
     consideration of H.R. 4119 so that it may move expeditiously 
     to the House floor. I acknowledge that although you are 
     waiving formal consideration of the bill, the Committee on 
     Homeland Security is in no way waiving its jurisdiction over 
     the subject matter contained in the bill. In addition, if a 
     conference is necessary on this legislation, I will support 
     any request that Homeland Security be represented therein.
       Finally, I shall be pleased to include this letter and your 
     letter of March 14, 2012, in the Congressional Record during 
     floor consideration of H.R. 4119.
           Sincerely,
                                                      Lamar Smith,
                                                         Chairman.

  Mr. PIERLUISI. Madam Speaker, I yield myself such time as I may 
consume
  I rise in support of H.R. 4119, the Border Tunnel Prevention Act of 
2012. This bill would strengthen the laws that criminalize the use, 
construction, and financing of border tunnels.
  Increasingly, cross-border tunnels are being used to smuggle people, 
drugs, and contraband into the United States. They can even be used to 
smuggle terrorists or weapons of mass destruction into the country. 
Cross-border tunnels present a serious problem for law enforcement, and 
I support this bill's efforts to stop the growing use of these tunnels.
  This legislation is urgently needed because the number of tunnels has 
substantially increased in recent years. Whereas the first documented 
tunnel was discovered in 1990, the Department of Homeland Security 
reported last year that 154 attempted tunnels have been found since 
1990, all but one of which were located along the Southwest border. In 
addition, the sophistication of some of these tunnels is also 
increasing in recent years. Cross-border tunnels range from small, 
hand-dug tunnels barely wide enough for a person to crawl through to 
professionally engineered tunnels built by Mexican drug cartels.
  In November 2010, an Immigration and Customs Enforcement task force 
discovered a tunnel with two separate entrances in warehouses in Otay 
Mesa, California. One of the tunnel's walls were fortified with wood 
and cinder block supports, and the tunnel was equipped with rail, 
electrical, and ventilation systems. The tunnel was being used to 
import large amounts of marijuana into the U.S.
  Current law already criminalizes the construction of a cross-border 
tunnel, allowing such a tunnel to be constructed on your property, or 
the use of such a tunnel. H.R. 4119 would strengthen existing law by 
making it a crime to attempt to engage in any of these activities, as 
well as to participate in any conspiracy involving any of these 
activities.
  The bill also makes the construction or use of a tunnel a predicate 
offense for authorization of wiretaps, provides for criminal asset 
forfeiture of merchandise involved in tunneling, and includes a money-
laundering provision. Border tunnels present a real and serious threat 
as a burgeoning tool for criminal activities.
  I urge my colleagues to join me in supporting this measure which will 
help enhance the safety of our Nation's borders.
  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Madam Speaker, I reserve the balance of my time, 
and we are prepared to close.
  Mr. PIERLUISI. Madam Speaker, I yield to the gentleman from Texas 
(Mr. Reyes) as much time as he may consume to address the merits of 
this bill, which he cosponsored.
  Mr. REYES. Madam Speaker, I rise today to ask my colleagues for their 
support of H.R. 4119, the Border Tunnel Prevention Act of 2012.
  I also would like to express my appreciation and thank my cosponsors, 
Congressman Quayle, who I understand is on his way here and we 
anticipate that he will be speaking on this, Congressman Chairman 
Dreier, and Congressman Thompson. I would, in

[[Page 6758]]

particular, like to thank my good friend and colleague from Texas, 
Chairman Smith, for his support in bringing this legislation to the 
floor. I also would like to thank Senator Feinstein and Senator Kyl for 
their work on a bipartisan, bicameral piece of legislation on the 
Senate side, which is S. 1236, the companion to the Border Tunnel 
Prevention Act of 2012.
  The Border Tunnel Prevention Act of 2012 strengthens the 2006 Border 
Tunnel Prevention Act, which made it a crime to construct or finance an 
unauthorized tunnel or subterranean passage across an international 
border.
  This bill seeks to provide law enforcement officials with enhanced 
investigative tools and additional options for prosecuting crimes 
related to the construction and financing of cross border tunnels.
  The Border Tunnel Prevention Act of 2012 would criminalize the 
attempt or conspiracy to use, construct, or finance a cross-border 
tunnel and also permits the forfeiture of bulk cash and merchandise 
smuggled into the United States through these illicit passageways.
  Thanks to the collaborative efforts of the Obama administration, 
Congress, Federal, State, local, and tribal law enforcement 
organizations, as well as ordinary Americans, the Southwest border is 
more secure than at any point in our Nation's history. Over the past 
several years, the Federal Government has dedicated unprecedented 
levels of personnel, technology, and resources towards border security. 
As a result, apprehensions today are down, and seizures of drugs, guns, 
and cash are up. Border cities are among the safest in the country, 
including El Paso, which for the second year is the safest city in 
America with a population of over half a million people.
  While the strengthening of security along the Southwest border has 
produced impressive results, it has also led those who want to harm our 
country to seek new ways to undermine our efforts. Enhancing the 
security of our borders on land, air, and sea has literally pushed drug 
cartels and transnational criminal organizations underground as they 
try to smuggle illicit drugs and people and other types of contraband, 
as my good friend and colleague from Puerto Rico mentioned, to include 
the potential for terrorists and weapons of mass destruction being 
smuggled into the United States.
  Over the last decade, drug cartels and transnational criminal 
organizations have been increasing both the use and complexity of 
cross-border tunnels. As was said earlier, approximately 154 tunnels 
have been discovered between Mexico and the United States since the 
1990s, and more than 90 percent of those tunnels have been detected in 
this past decade. These cross-border tunnels are becoming more and more 
complex.

                              {time}  1630

  I've got a picture to show, and I know that the chairman was 
mentioning the complexity of the construction. One such tunnel is the 
one that was discovered in November of 2011. It was over 600 yards 
long, and you can see, it's got a rail system built in. It's got 
sophisticated lighting, and even a system to introduce fresh air into 
the tunnel.
  No longer are these crude, handmade tunnels. These are sophisticated, 
well-engineered, and well-financed projects. So that is why it is 
imperative that this legislation be passed. We must give law 
enforcement officials the tools that they need to combat this growing 
threat to our national security and stop the flow of illicit drugs and 
other contraband into the United States.
  Accordingly, I am proud to be the author of this, along with 
Congressman Quayle, and I urge all my colleagues in Congress to pass 
this vital piece of bipartisan legislation so that we can move forward 
with helping to defeat the drug cartels and the transnational criminal 
organizations and, further, continue the path towards really securing 
our borders and protecting our communities.
  So with that, let me end by thanking, again, Chairman Smith and my 
good friend and colleague from Puerto Rico and urging my colleagues to 
support this critical and vital piece of legislation.
  Mr. PIERLUISI. Madam Speaker, I am prepared to close. We have no 
further speakers, so I urge my colleagues to vote in favor of H.R. 
4119, the Border Tunnel Protection Act of 2012.
  I yield back the balance of my time.
  Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I just wanted to say, we were hoping that the other 
author, the other cosponsor of this bill, the gentleman from Arizona 
(Mr. Quayle), would be here. Unfortunately, he was detained. His flight 
was delayed from Arizona to Washington, D.C.
  But in his absence, I just want to thank him for his work on this 
bill and for all of his efforts to reduce the amount of cross-border 
drug smuggling and thereby protect the lives of individuals in Arizona 
and all Americans. He has done great work on this particular piece of 
legislation. We all appreciate those efforts.
  I yield back the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, the possibility of terrorists 
or weapons of mass destruction being transported through border tunnels 
is frightening. The possibility of narcotics or trafficking victims 
being transported through tunnels is disturbing. And I have real 
concerns about tunnels being used for run-of-the-mill illegal 
immigration and to smuggle goods or merchandise.
  But these things are already illegal. And the penalty for doing any 
of these things through a tunnel is already double what it would be if 
the unlawful activity had not made use of a tunnel.
  When this bill, H.R. 4119, was in the Judiciary Committee, I 
commented on what I saw as the redundancies in the bill. We already 
have laws against constructing or financing a tunnel between the United 
States and another country. The penalty for violating the law is a fine 
and up to 20 years in prison. And we have laws against knowing, or 
recklessly disregarding, that land you own or lease is being used by 
someone else who is building a tunnel, the penalty for that is a fine 
and up to 10 years in prison.
  H.R. adds attempts to the crimes already available to address border 
tunnels. Yet, I wonder how many cases there have been where a 
prosecutor was unable to prosecute someone for attempting to construct 
a tunnel under the current border tunnel law but would be able to under 
H.R. 4119? For U.S. prosecutorial jurisdiction, the tunnel would have 
to be started on the U.S. side and not yet have crossed the border into 
Mexico to be an attempted border tunnel, because if it has already 
crossed the border, it IS a border tunnel, so you don't need an attempt 
law. But even before such an attempt is started, and certainly after it 
is started, it is already a conspiracy to build a border tunnel, which 
is already covered by current law.
  We have had no hearings in the House on these issues, so it is not 
clear what information we are operating on in developing this bill. The 
Department of Homeland Security reports that 154 border tunnels or 
attempted border tunnels have been found since 1990. Laura Duffy, U.S. 
Attorney for the Southern District of California, stated in testimony 
before the Senate Caucus on International Narcotics Control on June 15, 
2011, that all of the tunnels discovered thus far were started in 
Mexico. So if it takes crossing the border to be a border tunnel, and 
all of them are started in Mexico, the ``attempt'' provision of H.R. 
4119 does not seem like a very useful tool in addressing border 
tunnels. Conspiracy laws, which already exist, would seem to be of 
better use. And if existing conspiracy charges are not enough of a 
prosecutorial incentive, it would seem you would want to wait until the 
tunnel is actually being used so you can really rack up the penalties 
for drugs, goods or people smuggling which allows a doubling of 
penalties.
  Duffy also stated in her testimony that in prosecuting tunnel-related 
crimes, the Department of Justice uses the range of drug charges under 
Title 21 because the drug charges carry ``stiff mandatory minimum 
sentences and sometimes enable prosecutors to use `career offender' 
sentencing enhancements.'' When you start doubling such drug penalties 
under the provisions of the current border tunnel law, you can easily 
get into sentences of many decades.
  In addition to adding attempt and increasing the penalty for 
conspiracy, H.R. 4119 adds provisions for wiretap, forfeiture, and 
money laundering, which should always be done carefully, in my view. 
These are extraordinary government powers that were created and 
authorized to be used in extraordinary cases and circumstances, not to 
address ordinary crime.

[[Page 6759]]

We have come to routinely add these authorities to deal with the crime 
du jour, further cluttering up an already bloated Federal code with 
multiple, superfluous ways to charge every crime. There are no U.S. 
restrictions on the use of wiretaps outside the U.S. Since the tunnels 
are seemingly always started in Mexico, it is not clear what wiretap 
authorizations add to the investigative process.
  We should not be decorating the criminal code with more and more 
pages. We ought to be simplifying the code. While I do think border 
tunnels are a serious problem, I believe we already have adequate laws 
with very harsh penalties to deal with the problem.
  Mr. DREIER. Madam Speaker, illegal border tunnels pose a risk to our 
national security and undermine our efforts to protect the border. The 
threat lies not only in the illegal trafficking of drugs and humans, 
but also in the potential exploitation by terrorists. That is why I 
rise in support of H.R. 4119, the Border Tunnel Prevention Act of 2012. 
In 2006, I authored the House version of the original Border Tunnel 
Prevention Act, which criminalized the construction of illegal border 
tunnels into the United States with fines and imprisonment of up to 20 
years. The law also carries a prison sentence of up to 10 years for 
those who recklessly allow others to build these tunnels on their land. 
In addition, the law doubled the sentence for using a tunnel to smuggle 
aliens, weapons, drugs, terrorists or illegal goods.
  While the Border Tunnel Prevention Act of 2006 gave law enforcement 
agencies powerful tools to combat the construction of illegal border 
tunnels, they are still being used by criminals to smuggle drugs and 
other materials into our country. For example, last fall, in my home 
State of California, I was troubled to learn that an elaborate tunnel 
was discovered in San Diego that linked to a warehouse in Tijuana. The 
tunnel contained wooden flooring, a rail system and an elevator. Its 
discovery led to the seizure of more than 32 tons of marijuana. 
Unfortunately, this is just one example of the more than 40 tunnels 
that have been discovered in California in the last 5 years. H.R. 4119 
will give law enforcement additional ability to investigate and 
prosecute criminals using these tunnels. The bill also prohibits 
attempts to use, construct or finance a cross-border tunnel. Finally, 
it provides for the forfeiture of cash and merchandise that is 
illegally brought into our country through a tunnel.
  Madam Speaker, H.R. 4119 is a commonsense solution that helps combat 
those who attempt to illegally bring goods into our country. I urge all 
my colleagues to support this important legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 4119, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of Texas. 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.

                          ____________________