[Senate Report 118-322]
[From the U.S. Government Publishing Office]
Calendar No. 742
118th Congress} { Report
SENATE
2d Session } { 118-322
======================================================================
CROSS-BORDER TUNNEL REPORT ACT
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 5102
TO REQUIRE ANNUAL REPORTS ON COUNTER ILLICIT
CROSS-BORDER TUNNEL OPERATIONS, AND FOR
OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2022
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
ADAM SCHIFF, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 742
118th Congress} { Report
SENATE
2d Session } { 118-322
======================================================================
CROSS-BORDER TUNNEL REPORT ACT
_______
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 5102]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 5102), to require
annual reports on counter illicit cross-border tunnel
operations, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................2
IV. Section-by-Section Analysis of the Bill, as Reported.............3
V. Evaluation of Regulatory Impact..................................3
VI. Changes in Existing Law Made by the Bill, as Reported............3
I. Purpose and Summary
S. 5102, the Cross-Border Tunnel Report Act, amends a
previous congressional reporting requirement on Custom and
Border Protection (CBP)'s implementation of the Counter Illicit
Cross-Border Tunnel Operations Strategic Plan to make it an
annual report. The bill would also create a new annual
congressional reporting requirement for CBP to explain the
``special interest alien'' screening process, including
definition of special interest, methodology and rationale for
this screening tool as well as related processes, policies,
procedures, and statistics.
II. Background and Need for the Legislation
Cross-border tunnels are man-made sub-surface passageways
used to conceal the movement of people or contraband and
circumvent U.S. border controls. They pose a threat to U.S.
border security.\1\ To address this threat, Congress included
Section 7134(a)(2) of the James M. Inhofe National Defense
Authorization Act (NDAA) for Fiscal Year 2023, which required
that the Commissioner of CBP, in coordination with the Under
Secretary of Science and Technology and other DHS officials, as
appropriate, develop a counter illicit cross-border tunnel
operations strategic plan. It also required CBP to report to
Congress on the implementation of that plan.\2\ The provision
that was enacted in the NDAA was substantially similar to H.R.
4209, DHS Illicit Cross-Border Tunnel Defense Act, which was
reported out of this Committee in 2022.\3\ The strategic plan
was required to include, among other things, risk-based
criteria to prioritize tunnel identification and remediation
and identification of innovative technologies that limit
impacts on local communities.\4\ S. 5102, the Cross-Border
Tunnel Report Act, enhances congressional oversight by
requiring CBP to report annually on its implementation of the
plan.
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\1\Government Accountability Office, Border Security: Additional
Actions Could Strengthen DHS Efforts to Address Subterranean, Aerial,
and Maritime Smuggling (GAO-17-474) (May 2017).
\2\National Defense Authorization Act of 2023, Pub. L. 117-263,
Sec. 4134(a)(2).
\3\Senate Committee on Homeland Security and Governmental Affairs,
DHS Illicit Cross-Border Tunnel Defense Act (Nov. 28, 2022) (S. Rept.
117-215).
\4\Id.
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Historically, the United States has encountered
predominantly nationals from Mexico, El Salvador, Honduras, and
Guatemala at the southern border. In recent years, patterns
have shifted with an increase of arrivals to the United States
from throughout the Western Hemisphere.\5\ This has led to
additional questions from members of Congress about the
government's processes, procedures, and statistics related to
screening ``special interest'' migrants.\6\ S. 5102 enhances
congressional oversight by requiring DHS to provide information
to Congress on this matter.
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\5\Migration Policy Institute, Shifting Patterns and Policies
Reshape Migration to U.S.-Mexico Border in Major Ways in 2023 (Oct.
2023) (www.migrationpolicy.org/news/border-numbers-fy2023).
\6\U.S. Senate Select Committee on Intelligence, Worldwide Threats,
118th Cong. (Mar. 11, 2024) (S. Hrg. 118-307).
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III. Legislative History
S. 5102, the Cross-Border Tunnel Report Act, was introduced
by Senators Gary Peters (D-MI) and John Cornyn (R-TX) on
September 18, 2024. Senator Kyrsten Sinema (I-AZ) joined as a
cosponsor on September 19, 2024, and Senator Jon Ossoff (D-GA)
on November 20, 2024. The bill was referred to the Senate
Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 5102 at a business meeting on
November 20, 2024. At the business meeting, Senator Lankford
offered Lankford Amendment 1, as modified, that required DHS to
submit a report to Congress on the special interest screening
mechanism, policies, procedures, and related statistics.
Lankford Amendment 1 also required DHS to submit a plan to
Congress on how it will publish public statistics on its
website on the number of individuals deemed to be special
interest and DHS will implement this plan 60 days after the
plan is submitted to Congress. The Committee adopted Lankford
amendment 1, as well as the modification to Lankford Amendment
1, by unanimous consent with Senators Peters, Hassan, Rosen,
Ossoff, Blumenthal, Butler, Lankford, and Hawley present.
The bill, as amended, was ordered reported favorably by a
roll call vote of 8 yeas and 0 nays, with Senators Peters,
Hassan, Rosen, Ossoff, Blumenthal, Butler, Lankford and Hawley
voting in the affirmative. Senators Carper, Sinema, Paul,
Johnson, Romney, Scott and Marshall voted yea by proxy, for the
record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section designates the name of the bill as the
``Cross-Border Tunnel Report Act.''
Section 2. Annual reports on counter illicit cross-border tunnel
operations
This section amends Section 7134(a)(2) of the FY 23
National Defense Authorization Act, by inserting ``and annually
thereafter'' to amend the strategic report reporting
requirement making it an annual report.
Section 3. Annual report and plan on special interest alien encounters
Subsection (a) requires the Secretary of DHS to submit
within 60 days, and then annually for three years, a report to
Congress further explaining the special interest screening
process, including definition of special interest, methodology
and rationale for this screening tool as well as related
processes, policies, procedures, and statistics.
Subsection (b) requires the Secretary of DHS to submit
within 60 days a plan to Congress for public reporting on a
publicly accessible website of the Department of Homeland
Security regarding the number of individuals screened in
special encounters by U.S. Customs and Border Protection.
Subsection (c) requires the Department implement the plan
within 60 days.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023
* * * * * * *
DIVISION G--HOMELAND SECURITY
* * * * * * *
TITLE LXXI--HOMELAND SECURITY MATTERS
* * * * * * *
Subtitle B--Strengthening DHS Management, Policy Making, and Operations
* * * * * * *
SEC. 7134. DHS ILLICIT CROSS BORDER TUNNEL DEFENSE.
(a) Counter Illicit Cross-Border Tunnel Operations
Strategic Plan.--
(1) * * *
(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.
* * * * * * *
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