H.R. 4119House112th Congress (2011-2013)Enacted

Border Tunnel Prevention Act of 2012

Introduced March 1, 2012

Legislative Activity

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22 earlier actions
Became Law Latest Action

Became Public Law No: 112-127.

June 5, 2012

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HouseIntro Referral

Introduced in House

March 1, 2012

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 1, 2012

HouseCommittee

Referred to the Subcommittee on Trade.

March 5, 2012

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 6, 2012

HouseCommittee

Ordered to be Reported by Voice Vote.

March 6, 2012

HouseCommittee

Referred to the Subcommittee on Border and Maritime Security.

March 6, 2012

HouseCommittee

Reported by the Committee on Judiciary. H. Rept. 112-418, Part I.

March 21, 2012

HouseCommittee

Committee on Ways and Means discharged.

March 21, 2012

HouseCommittee

Committee on Homeland Security discharged.

March 21, 2012

HouseCalendars

Placed on the Union Calendar, Calendar No. 288.

March 21, 2012

HouseFloor

Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.

May 15, 2012 • 4:18 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H2669-2673)

May 15, 2012 • 4:18 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4119.

May 15, 2012 • 4:18 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

May 15, 2012 • 4:33 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2744-2745)

May 16, 2012 • 3:11 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 416 - 4 (Roll no. 256).(text: CR 5/15/2012 H2669-2670)

May 16, 2012 • 3:19 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 416 - 4 (Roll no. 256). (text: CR 5/15/2012 H2669-2670)

May 16, 2012 • 3:19 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 16, 2012 • 3:19 PM

SenateFloor

Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S3292)

May 17, 2012

SenateFloor

Message on Senate action sent to the House.

May 17, 2012

President

Presented to President.

May 29, 2012

Became Law

Signed by President.

June 5, 2012

Became Law

Became Public Law No: 112-127.

June 5, 2012

Floor Debate

23 members

What members said about H.R. 4119 on the floor

9 Republicans14 Democrats
Jared Polis
Rep. Jared PolisD-CO-2 · May 16, 2012

I thank the gentlelady for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, I rise in opposition to the rule and the underlying bills: H.R. 4970,…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · May 16, 2012

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 656 and ask for its immediate consideration. Mr. Speaker, I rise to claim time in opposition to the point of order and…

Donna F. Edwards
Rep. Donna F. EdwardsD-MD-4 · May 16, 2012

Mr. Speaker, I join the United States Conference of Mayors and the Coalition Against Religious Discrimination in opposition to the bill, and I ask unanimous consent to submit their letters for the…

Gwen Moore
Rep. Gwen MooreD-WI-4 · May 16, 2012

Mr. Speaker, I raise a point of order against H. Res. 656 because the resolution violates section 426(a) of the Congressional Budget Act. The resolution contains a waiver of all points of order…

Lamar Smith
Rep. Lamar SmithR-TX-21 · May 15, 2012

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…

Show 8 more
Richard B. Nugent
Rep. Richard B. NugentR-FL-5 · May 16, 2012

I thank my fellow Rules Committee member, Dr. Foxx, for allowing me to speak on this issue not only for women but for all Americans. I also want to thank my Florida colleague Sandy Adams for her…

Silvestre Reyes
Rep. Silvestre ReyesD-TX-16 · May 15, 2012

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,…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · May 15, 2012

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…

Susan A. Davis
Rep. Susan A. DavisD-CA-53 · May 16, 2012

Mr. Speaker, I ask unanimous consent to submit my remarks in opposition to a Republican bill that weakens protections for violence against women and in support of the bipartisan Senate bill. Madam…

Judy Biggert
Rep. Judy BiggertR-IL-13 · May 16, 2012

Madam Speaker, I thank the gentlelady for yielding. Madam Speaker, I am disappointed in this closed rule for VAWA. I am concerned that the bill, even with the changes made in the manager's amendment,…

Pedro R. Pierluisi
Rep. Pedro R. PierluisiD-PR · May 15, 2012

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,…

Maxine Waters
Rep. Maxine WatersD-CA-35 · May 16, 2012

Mr. Speaker, I ask unanimous consent to submit my remarks in opposition to the Republican bill that weakens protections for violence against women and in support of the bipartisan Senate bill. Today,…

Laura Richardson
Rep. Laura RichardsonD-CA-37 · May 16, 2012

Mr. Speaker, I ask unanimous consent to submit my remarks in opposition to a Republican bill that weakens protections for violence against women and in support of the bipartisan Senate bill. Mr.…

Show 11 more
Candice S. Miller
Rep. Candice S. MillerR-MI-10 · May 16, 2012

I thank the gentlelady for yielding. Madam Speaker, I rise in support of the rule and in strong support of the underlying bill, the Violence Against Women Act. Madam Speaker, for several years, I had…

Diana DeGette
Rep. Diana DeGetteD-CO-1 · May 16, 2012

Madam Speaker, for nearly two decades, Congress has repeatedly reauthorized the Violence Against Women Act on a near unanimous and bipartisan basis. Since the act became law, incidents of domestic…

Yvette D. Clarke
Rep. Yvette D. ClarkeD-NY-11 · May 16, 2012

I thank the gentlelady. Mr. Speaker, I ask unanimous consent to submit my remarks in opposition to a Republican bill that weakens protections for violence against women and in support of the…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · May 16, 2012

When one out of four women will experience domestic violence in their lifetimes, it is unconscionable that the majority would try to roll back the protections in the Violence Against Women Act. Since…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · May 16, 2012

Madam Speaker, we need to work together to reauthorize the Violence Against Women Act; but, unfortunately, H.R. 4970 is seriously flawed and should not pass. Among its many flaws, it harms immigrant…

Ann Marie Buerkle
Rep. Ann Marie BuerkleR-NY-25 · May 16, 2012

I rise this afternoon in support of the rule and the underlying bill in H.R. 4970. I am so pleased to stand here with my colleagues in support of this rule. This is a particularly meaningful bill for…

David Dreier
Rep. David DreierR-CA-26 · May 15, 2012

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,…

Bill Johnson
Rep. Bill JohnsonR-OH-6 · May 16, 2012

Madam Speaker, I rise today in support of H.R. 4970, the Violence Against Women Reauthorization Act. Domestic violence is an all-too-common reality, occurring most everywhere here in the United…

Lois Capps
Rep. Lois CappsD-CA-23 · May 16, 2012

I thank my colleague. Madam Speaker, I rise in opposition to the rule and to the underlying bill that will actually roll back protections for women across this Nation. The Violence Against Women Act…

Kathy Castor
Rep. Kathy CastorD-FL-11 · May 16, 2012

I thank the gentleman for yielding. Madam Speaker, I rise in opposition to the rule and urge a ``no'' vote on the flawed Violence Against Women Act that my Republican colleagues will bring to the…

Lynn Jenkins
Rep. Lynn JenkinsR-KS-2 · May 16, 2012

I thank the gentlelady for yielding. The Violence Against Women Act is an important tool for preventing domestic violence and sexual assault and for supporting the victims of these crimes. There is…

Bill Text

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One Hundred Twelfth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and twelve

H. R. 4119

AN ACT

To reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border by deterring the construction and use of border tunnels.

1.

Short title

This Act may be cited as the Border Tunnel Prevention Act of 2012.

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.

(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.

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.

.

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.

5.

Forfeiture

Section 982(a)(2)(B) of title 18, United States Code, is amended by inserting 555, after 545,.

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),.

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.

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.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.