(This measure has not been amended since it was introduced. The summary of that version is repeated here
Border Tunnel Prevention Act of 2011 - Amends the federal criminal code to: (1) subject anyone who attempts or conspires to construct or finance construction of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country, to use such a tunnel for smuggling, or to disregard such construction or use, to the penalties prescribed for someone who commits such an offense; (2) make such a border tunnel offense a predicate offense for a money laundering violation and for authorization for interception of wire, oral, or electronic communications; and (3) provide for the criminal forfeiture of proceeds of such an offense and the seizure and forfeiture of merchandise introduced into the United States through such a tunnel.
Encourages the Secretary of Homeland Security (DHS) to annually provide each known nongovernmental owner and tenant of land located in a national security zone with a written notification that describes federal laws related to the construction of illegal border tunnels and the procedures for reporting violations of such laws to United States Immigration and Customs Enforcement (ICE). Defines: (1) "national security zone" as any Southwest Border land designated by the Secretary as being at a high risk for border tunnel activity; and (2) "Southwest Border land" as all parcels of real property in the United States that are located within one mile of the U.S.-Mexico international border and that are not owned by a federal, state, tribal, or local government entity.
Requires the Secretary to submit an annual report describing: (1) cross border tunnels discovered in Southwest Border land; and (2) DHS needs to effectively prevent, investigate, and prosecute border tunnel construction on such land.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1236 Introduced in Senate (IS)]
112th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20 (legislative day, June 16), 2011
Mrs. Feinstein (for herself, Mr. Kyl, Ms. Landrieu, and Mrs. McCaskill)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reduce the trafficking of drugs and to prevent human smuggling
across the Southwest Border by deterring the construction and use of
border tunnels.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tunnel Prevention Act of
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 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3931-3932)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3932-3933)
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 260.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S172-173; text: CR S172-173)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S172-173; text: CR S172-173)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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