[House Report 115-962]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-962
======================================================================
BORDER TUNNEL TASK FORCE ACT
_______
September 25, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 6740]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 6740) to amend the Homeland Security Act of 2002
to establish Border Tunnel Task Forces, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tunnel Task Force Act''.
SEC. 2. BORDER TUNNEL DETECTION.
(a) In General.--Subtitle B of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the
following new section:
``SEC. 420. BORDER TUNNEL TASK FORCES.
``(a) Establishment.--The Secretary shall establish Border Tunnel
Task Forces in jurisdictions in which such Border Tunnel Task Forces
can contribute to border security missions after evaluating--
``(1) whether the areas in which such Border Tunnel Task
Forces would be established are significantly impacted by
cross-border threats; and
``(2) the availability of Federal, State, local, and Tribal
law enforcement resources to participate in such Border Tunnel
Task Forces.
``(b) Purpose.--The purpose of the Border Tunnel Task Forces under
subsection (a) is to enhance and integrate border security efforts by
addressing and reducing cross-border tunnel related threats and
violence by--
``(1) facilitating collaboration among Federal, State, local,
and Tribal law enforcement agencies to execute coordinated
activities in furtherance of border security and homeland
security; and
``(2) enhancing information-sharing, including the
dissemination of homeland security information, among such
agencies.
``(c) Composition and Establishment of Border Tunnel Task Forces.--
Border Tunnel Task Forces may be comprised of the following:
``(1) Personnel from U.S. Customs and Border Protection,
including the U.S. Border Patrol.
``(2) Personnel from U.S. Immigration and Customs
Enforcement, including Homeland Security Investigations.
``(3) Personnel from other Department components and offices,
as appropriate.
``(4) Personnel from other Federal, State, local, and Tribal
law enforcement agencies, as appropriate.
``(5) Other appropriate personnel at the discretion of the
Secretary.
``(d) Duplication of Efforts.--In determining whether to establish a
new Border Tunnel Task Force or to expand an existing Border Tunnel
Task Force in a given jurisdiction, the Secretary shall ensure that the
Border Tunnel Task Force under consideration does not unnecessarily
duplicate the efforts of other existing interagency task forces or
centers within such jurisdiction.
``(e) Coordination Among Components.--The Secretary shall--
``(1) establish targets and performance measures for the
Border Tunnel Task Forces that include consideration of whether
border barriers impact cross-border tunnel threats;
``(2) direct leadership of each Border Tunnel Task Force to
monitor progress on such targets and performance measures for
each such task force; and
``(3) periodically report to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate
regarding progress on such targets and performance measures.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 419 the following new item:
``Sec. 420. Border Tunnel Task Forces.''.
Purpose and Summary
H.R. 6740, the ``Border Tunnel Task Force Act'' formally
authorizes the Department of Homeland Security's (DHS) Border
Tunnel Task Forces to enhance the Department's capacity to
detect and eliminate cross-border tunnels used for the illicit
smuggling of drugs, people, and weapons underneath the border
of the United States. Border Tunnel Task Force teams are
comprised of ICE-HSI, CBP, other Departmental personnel, and
other Federal, State, local, and tribal law enforcement
agencies. This legislation allows the Secretary to establish
new teams as needed.
The Border Tunnel Task Force teams are deployed in
jurisdictions that are significantly impacted by cross-border
threats and participate in a comprehensive law enforcement
effort to detect, investigate, and destroy the illicit
international highways used for trafficking drugs, humans, and
weapons in and out of the United States. Border Tunnel Task
Forces enhance the sharing of critical national security
related intelligence among DHS and other law enforcement
agencies.
Background and Need for Legislation
Cross-border tunnels present a unique risk to national
security. Since 1990, authorities working along our
international border have discovered nearly 200 cross-border
tunnels used to smuggle illicit drugs, humans, and weapons.
Within DHS, ICE-HSI agents lead a tunnel task force and the
U.S. Customs and Border Protection house a tunnel detection and
technology program. However, the Committee believes that the
Department lacks a dedicated unit to detect, investigate, and
eliminate illicit cross-border tunnels. The Committee supports
the establishment of a dedicated task force to conduct such
operations and believes that this legislation would enhance the
Department's effort to better coordinate the detection,
investigation and elimination of illicit underground tunnels
beneath our international borders.
Drug cartels and criminal organizations continue to utilize
tunnels to move drugs, people, and weapons undetected through
our international borders. These tunnels are becoming more and
more difficult to detect as the cartels construct illicit
underground highways that feature electricity, railways and
ventilation systems. Although tunnels can cost millions of
dollars and take years to dig, cartels and traffickers can
recoup their investment with just one undetected drug shipment
into the United States.
Border Tunnel Task Forces will target these illicit tunnel
networks and prevent smugglers from remaining undetected. The
Committee supports enhanced interagency collaboration
throughout the Department and believes that this bill will
provide a unified law enforcement approach within DHS that
deter the future construction of border tunnels and utilize
shared intelligence obtained by DHS and their local, state,
federal and tribal partners.
Hearings
The Committee did not hold any hearing specifically on H.R.
6740, but the full committee and Subcommittee on Border and
Maritime Security held hearings relevant to the bill.
On February 7, 2017, the Committee on Homeland Security
held a hearing entitled ``Ending the Crisis: America's Borders
and the Path to Security.'' The Subcommittee received testimony
from The Honorable John F. Kelly, Secretary of U.S. Department
of Homeland Security; Mr. Steve C. McCraw, Director of Texas
Department of Homeland Security; Mr. Joe Frank Martinez,
Sheriff of Val Verde County, Texas; Mr. Leon N. Wilmot, Sheriff
of Yuma County, Arizona; and The Honorable Eddie Trevino, Jr.,
County Judge of Cameron County, Texas.
On February 16, 2017, the Subcommittee on Border and
Maritime Security held a hearing entitled ``A Dangerous and
Sophisticated Adversary: The Threat To The Homeland Posed By
Cartel Operations.'' The Committee received testimony from Vice
Admiral Charles Ray, Deputy Commandant for Operations, U.S.
Coast Guard; Chief Paul Beeson, Commander, Joint Task Force--
West, Arizona; Mr. Matt Allen, Assistant Director for HSI
Investigative Programs, Homeland Security Investigations; Mr.
Luis E. Arreaga, Principal Deputy Assistant Secretary, Bureau
of International Narcotics and Law Enforcement Affairs.
On July 25, 2017, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Deter, Detect, and
Interdict: Technology's Role in Securing the Border.'' The
Subcommittee received testimony from Mr. Dennis J. Michelini,
Acting Executive Director of Operations, Air and Marine
Operations, U.S. Customs and Border Protection; Mr. Todd C.
Owens, Executive Assistant Commissioner, Office of Field
Operations, U.S. Customs and Border Protection; Mr. Scott A.
Luck, Acting Deputy Chief, U.S. Border Patrol; Ms. Rebecca
Gambler, Director, Homeland Security and Justice, U.S.
Government Accountability Office.
On November 14, 2017, the Subcommittee on Border and
Maritime Security held a hearing entitled ``Looking North:
Assessing the Current Threat at the U.S.-Canada Border.'' The
Subcommittee received testimony from Mr. Michael Dougherty,
Assistant Secretary for Border, Immigration, and Trade Policy,
Office of Strategy, Policy, and Plans; Mr. Scott A. Luck,
Acting Deputy Chief, U.S. Border Patrol; Mr. Kevin Kelly,
Special Agent in Charge, U.S. Immigration and Customs
Enforcement; and Dr. Michael Marchand, Chairman, Colville
Business Council, National Congress of American Indians.
On March 15, 2018, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Bang for the Border Security
Buck: What do we get for $33 Billion?'' The Subcommittee
received testimony from Ms. Claire M. Grady, Under Secretary
for Management, Directorate for Management, U.S. Department of
Homeland Security; Mr. Ronald D. Vitiello, Acting Deputy
Commissioner, U.S. Customs and Border Protection; Ms. Rebecca
Gambler, Director, Homeland Security and Justice, U.S.
Government Accountability Office; Mr. Brandon Judd, National
President, National Border Patrol Council; and Mr. Anthony M.
Reardon, National President, National Treasury Employees Union.
Committee Consideration
The Committee met on September 14, 2018, to consider H.R.
6740 and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendments were offered:
An en bloc amendment offered by Mr. Vela (#1); was AGREED TO by
unanimous consent.
Consisting of the following amendments:
Page 3, line 16, insert ``unnecessarily'' after ``not''.
Page 3, line 18, strike the closing quotes and the second
period.
Page 3, beginning line 19, insert the following:
``(e) Coordination Among Components.--The Secretary shall--
``(1) establish targets and performance measures for
the Border Tunnel Task Forces that include
consideration of whether border barriers impact cross-
border tunnel threats;
``(2) direct leadership of each Border Tunnel Task
Force to monitor progress on such targets and
performance measures for each such task force; and
``(3) periodically report to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate regarding progress on such
targets and performance measures.''.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives 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. 6740.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
6740, the Border Tunnel Task Force Act, would result in no new
or increased budget authority, entitlement authority, or tax
expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 6740 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of this legislation is to authorize the creation
of Border Tunnel Task Forces within the Department of Homeland
Security.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6740 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 6740 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 6740 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation 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 provides that this bill may be cited as the
``Border Tunnel Task Force Act''.
Sec. 2. Border tunnel detection
This section authorizes the Department of Homeland Security
to establish Border Tunnel Task Forces in jurisdictions that
can contribute to border security missions. Selected
jurisdictions will be evaluated on whether there are
significant cross-border threats and the availability of
federal, state, local, and tribal agency resources to
participate in such Border Tunnel Task Forces.
The purpose of the Border Tunnel Task Forces will be to
enhance and integrate border security efforts by reducing
cross-border tunnel threats. This will be accomplished through
enhanced information-sharing with partner federal, state, local
and tribal law enforcement agencies.
Personnel from U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, other DHS components,
federal, state, local, Tribal, and foreign agencies may be
appointed to serve on Border Tunnel Task Forces. Lastly, DHS
will ensure that establishment of a new Border Tunnel Task
Force shall not duplicate other existing interagency task
forces.
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 italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
Sec. 419. Customs user fees.
Sec. 420. Border Tunnel Task Forces.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
SEC. 420. BORDER TUNNEL TASK FORCES.
(a) Establishment.--The Secretary shall establish Border
Tunnel Task Forces in jurisdictions in which such Border Tunnel
Task Forces can contribute to border security missions after
evaluating--
(1) whether the areas in which such Border Tunnel
Task Forces would be established are significantly
impacted by cross-border threats; and
(2) the availability of Federal, State, local, and
Tribal law enforcement resources to participate in such
Border Tunnel Task Forces.
(b) Purpose.--The purpose of the Border Tunnel Task Forces
under subsection (a) is to enhance and integrate border
security efforts by addressing and reducing cross-border tunnel
related threats and violence by--
(1) facilitating collaboration among Federal, State,
local, and Tribal law enforcement agencies to execute
coordinated activities in furtherance of border
security and homeland security; and
(2) enhancing information-sharing, including the
dissemination of homeland security information, among
such agencies.
(c) Composition and Establishment of Border Tunnel Task
Forces.--Border Tunnel Task Forces may be comprised of the
following:
(1) Personnel from U.S. Customs and Border
Protection, including the U.S. Border Patrol.
(2) Personnel from U.S. Immigration and Customs
Enforcement, including Homeland Security
Investigations.
(3) Personnel from other Department components and
offices, as appropriate.
(4) Personnel from other Federal, State, local, and
Tribal law enforcement agencies, as appropriate.
(5) Other appropriate personnel at the discretion of
the Secretary.
(d) Duplication of Efforts.--In determining whether to
establish a new Border Tunnel Task Force or to expand an
existing Border Tunnel Task Force in a given jurisdiction, the
Secretary shall ensure that the Border Tunnel Task Force under
consideration does not unnecessarily duplicate the efforts of
other existing interagency task forces or centers within such
jurisdiction.
(e) Coordination Among Components.--The Secretary shall--
(1) establish targets and performance measures for
the Border Tunnel Task Forces that include
consideration of whether border barriers impact cross-
border tunnel threats;
(2) direct leadership of each Border Tunnel Task
Force to monitor progress on such targets and
performance measures for each such task force; and
(3) periodically report to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate regarding progress on such targets and
performance measures.
* * * * * * *
[all]