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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]