[House Report 118-543]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      118-543

======================================================================



 
                    SUBTERRANEAN BORDER DEFENSE ACT

                                _______
                                

  June 7, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7404]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 7404) to require annual reports on counter 
illicit cross-border tunnel operations, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Federal Mandates Statement.......................................     4
Duplicative Federal Programs.....................................     4
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4

                          Purpose and Summary

    This legislation requires the Department of Homeland 
Security (DHS) to provide annual reports on counter-illicit 
cross-border tunnel operations.

                  Background and Need for Legislation

    As Transnational Criminal Organizations (TCOs) continue to 
expand in both size and sophistication, illicit cross-border 
tunnels along the Southwest border of the United States 
represent a significant and growing threat to national 
security. Congress must address these deadly threats and ensure 
U.S. Customs and Border Protection (CBP) has the resources they 
need to detect and remediate these illegal tunnels.
    Since 1990, officials have discovered more than 230 tunnels 
that have breached the U.S. border, with an 80% increase in 
tunnel activity occurring since 2008. CBP dismantles cross-
border tunnels as part of its overall border security and law 
enforcement missions.
    H.R. 7404 enhances the National Defense Authorization Act 
for Fiscal Year 2023, which mandated that CBP submit a 
strategic plan for counter illicit cross-border tunnel 
operations, as well as a one-time report on its implementation. 
The strategic plan and reporting requirement have enabled CBP 
to formalize many of the authorities, processes, technologies, 
and resources needed to counteract illegal underground tunnels 
on the U.S.-Mexico border, as well as led to additional 
critical oversight from Congress. H.R. 7404 would require DHS 
to provide annual reports on counter-illicit cross-border 
tunnel operations. Further reports would enhance Congress' 
ability to ensure CBP has the authorities and resources needed 
for counter illicit cross-border tunnel operations.

                                Hearings

    The Committee held the following hearings in the 118th 
Congress that informed H.R. 7404.
    On July 12, 2023, the Subcommittee on Border Security and 
Enforcement held a hearing entitled, ``Protecting the U.S. 
Homeland: Fighting the Flow of Fentanyl from the Southwest 
Border.'' The Subcommittee received testimony from Mr. Kemp 
Chester, Senior Advisor to the Director of National Drug 
Control Policy, Office of National Drug Control Policy; Mr. 
James Mandryck, Deputy Assistant Commissioner, Office of 
Intelligence, CBP; Mr. Steven Cagen, Assistant Director, 
Homeland Security Investigations; Mr. George Papadopoulos, 
Acting Chief of Operations, Drug Enforcement Administration; 
and Mr. Tyrone Durham, Director, Nation State Threats Center, 
Office of Intelligence and Analysis.
    On July 19, 2023, the full Committee held a hearing 
entitled, ``Biden and Mayorkas'' Open Border: Advancing Cartel 
Crime in America.'' The Committee received testimony from Mr. 
Derek Maltz, former Special Agent in Charge, Special Operations 
Division, Drug Enforcement Administration; Mr. Jaeson Jones, 
former Captain of Intelligence and Counter-Terrorism, Texas 
Department of Public Safety; Ms. Jessica Vaughan, Director of 
Policy Studies, Center for Immigration Studies; and Ms. Vanda 
Felbab-Brown, Director, Initiative on Nonstate Armed Actors, 
the Brookings Institution.

                        Committee Consideration

    The Committee met on Wednesday, April 10, 2024, a quorum 
being present, to consider H.R. 7404 and ordered the measure to 
be favorably reported to the House by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 7404.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 7404 would require the U.S. Customs and Border 
Protection (CBP) to report annually to the Congress on the 
implementation of its strategic plan to identify and remediate 
illegal cross-border tunnels into the United States. Under 
current law, CBP must submit one report to the Congress on its 
plan by June 21, 2024.
    Based on the costs of similar reports, CBO estimates that 
implementing H.R. 7404 would cost less than $500,000 over the 
2024 2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act of 1995.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 7404 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 7404 is to require annual reports on counter illicit 
cross-border tunnel operations, and for other purposes.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act (5 U.S.C. Sec. 1004) were 
created by this legislation.

                Applicability to the Legislative Branch

    The Committee finds that H.R. 7404 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section states that this Act may be cited as the 
``Subterranean Border Defense Act.''

Section 2. Annual reports on counter illicit cross-border tunnel 
        operations

    This section amends Paragraph (2) of section 7134(a) of the 
James M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023 by inserting ``and annually thereafter'' after 
``development of the strategic plan.''

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023




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                     DIVISION G--HOMELAND SECURITY

TITLE LXXI--HOMELAND SECURITY MATTERS

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Subtitle D--Enhancing Transportation and Border Security Operations

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SEC. 7134. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.

  (a) Counter Illicit Cross-border Tunnel Operations Strategic 
Plan.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Commissioner of 
        U.S. Customs and Border Protection, in coordination 
        with the Under Secretary for Science and Technology, 
        and, as appropriate, other officials of the Department 
        of Homeland Security, shall develop a counter illicit 
        cross-border tunnel operations strategic plan (in this 
        section referred to as the ``strategic plan'') to 
        address the following:
                  (A) Risk-based criteria to be used to 
                prioritize the identification, breach, 
                assessment, and remediation of illicit cross-
                border tunnels.
                  (B) Promote the use of innovative 
                technologies to identify, breach, assess, and 
                remediate illicit cross-border tunnels in a 
                manner that, among other considerations, 
                reduces the impact of such activities on 
                surrounding communities.
                  (C) Processes to share relevant illicit 
                cross-border tunnel location, operations, and 
                technical information.
                  (D) Indicators of specific types of illicit 
                cross-border tunnels found in each U.S. Border 
                Patrol sector identified through operations to 
                be periodically disseminated to U.S. Border 
                Patrol sector chiefs to educate field 
                personnel.
                  (E) A counter illicit cross-border tunnel 
                operations resource needs assessment that 
                includes consideration of the following:
                          (i) Technology needs.
                          (ii) Staffing needs, including the 
                        following:
                                  (I) A position description 
                                for counter illicit cross-
                                border tunnel operations 
                                personnel.
                                  (II) Any specialized skills 
                                required of such personnel.
                                  (III) The number of such full 
                                time personnel, disaggregated 
                                by U.S. Border Patrol sector.
          (2) Report to congress on strategic plan.--Not later 
        than one year after the development of the strategic 
        plan and annually thereafter, the Commissioner of U.S. 
        Customs and Border Protection shall submit to the 
        Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate a report on the 
        implementation of the strategic plan.
  (b) Authorization of Appropriations.--There is authorized to 
be appropriated to the Commissioner of U.S. Customs and Border 
Protection $1,000,000 for each of fiscal years 2023 and 2024 to 
carry out--
          (1) the development of the strategic plan; and
          (2) remediation operations of illicit cross-border 
        tunnels in accordance with the strategic plan to the 
        maximum extent practicable.

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