Border Tunnel Prevention Act - Amends the federal criminal code to prohibit the construction or financing of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country. Imposes a 20-year prison term for such offense. Doubles penalties for persons who use such a tunnel or passage to smuggle an alien, illegal goods, controlled substances, weapons of mass destruction, or members of a terrorist organization
Imposes a 10-year prison term on any person who knows of or recklessly disregards the construction or use of an unauthorized tunnel or passage on land that such person owns or controls.
Subjects to forfeiture any property involved in, or traceable to, the construction or financing of an unauthorized tunnel or passage.
Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of criminal offenses related to the construction or financing of an unauthorized tunnel or passage.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2652 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2652
To amend chapter 27 of title 18, United States Code, to prohibit the
unauthorized construction, financing, or, with reckless disregard,
permitting the construction or use on one's land, of a tunnel or
subterranean passageway between the United States and another country.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2006
Mrs. Feinstein (for herself, Mr. Kyl, Ms. Cantwell, Mr. Frist, Mrs.
Boxer, Mrs. Hutchison, Mr. Bingaman, Mr. McCain, Mr. Domenici, Mr.
Coleman, Mr. Talent, and Mr. Conrad) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 27 of title 18, United States Code, to prohibit the
unauthorized construction, financing, or, with reckless disregard,
permitting the construction or use on one's land, of a tunnel or
subterranean passageway between the United States and another country.
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''.
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 knows or recklessly disregards 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 a
maximum term of imprisonment that is twice the maximum term of
imprisonment that would have otherwise been applicable 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:
``Sec. 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;
(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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