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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5102 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 742
118th CONGRESS
  2d Session
                                S. 5102

                          [Report No. 118-322]

   To require annual reports on counter illicit cross-border tunnel 
                  operations, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2024

   Mr. Peters (for himself, Mr. Cornyn, Ms. Sinema, and Mr. Ossoff) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

            December 19 (legislative day, December 16), 2024

               Reported by Mr. Peters, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
   To require annual reports on counter illicit cross-border tunnel 
                  operations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cross-Border Tunnel Report Act''.

SEC. 2. ANNUAL REPORTS ON COUNTER ILLICIT CROSS-BORDER TUNNEL 
              OPERATIONS.

    Section 7134(a)(2) of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 6 U.S.C. 
257 note) is amended by inserting ``and annually thereafter,'' after 
``development of the strategic plan,''.

SEC. 3. ANNUAL REPORT AND PLAN ON SPECIAL INTEREST ALIENS ENCOUNTERS.

    (a) Annual Report.--Not later than 60 days after the date of the 
enactment of this Act, and annually thereafter for the following 3 
years, the Secretary of Homeland Security shall submit a report to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
that identifies, with respect to the applicable reporting period--
            (1) any changes to the definition of ``special interest 
        alien encounter'' during the reporting period;
            (2) what factors would lead to an encounter being 
        designated as a special interest alien encounter;
            (3) the underlying targeting criteria, methodology, and 
        rationale for the determination of each of the factors referred 
        to in paragraph (2);
            (4) the internal Department of Homeland Security review 
        process for updating the factors referred to in paragraph (2);
            (5) how the designation of a special interest alien 
        encounter differs from the definition of an encounter with a 
        known or suspected terrorist;
            (6) the policies, procedures, and tools the Department of 
        Homeland Security has implemented to address the underlying 
        threats addressed through special interest alien encounters;
            (7) the number of individuals screened by U.S. Customs and 
        Border Protection during special interest alien encounters, 
        disaggregated by component;
            (8) the number of such individuals for whom no derogatory 
        information was identified who--
                    (A) are being detained by the Department of 
                Homeland Security;
                    (B) have been transferred to, or are being 
                monitored by, another Federal agency;
                    (C) have been released from detention with 
                reporting requirements by the Department of Homeland 
                Security; or
                    (D) were removed from the United States;
            (9) the number of individuals screened by U.S. Customs and 
        Border Protection during special interest alien encounters for 
        whom derogatory information was identified, disaggregated by 
        the type of derogatory information, who--
                    (A) are being detained by the Department of 
                Homeland Security;
                    (B) have been transferred to, or are being 
                monitored by, another Federal agency;
                    (C) have been released from detention with 
                reporting requirements by the Department of Homeland 
                Security;
                    (D) have been released from detention without 
                reporting requirements by the Department of Homeland 
                Security; or
                    (E) were removed from the United States.
    (b) Plan.--Not later than 60 days after the date of the enactment 
of this Act the Secretary of Homeland Security shall submit a plan to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives for posting, on a publicly accessible website of the 
Department of Homeland Security, information regarding the number of 
individuals screened by U.S. Customs and Border Protection during 
special interest alien encounters, including how the Department will 
provide the public with information regarding--
            (1) the definition of special interest alien encounter;
            (2) the number of individuals screened by U.S. Customs and 
        Border Protection during special interest alien encounters, 
        disaggregated by component; and
            (3) the number of such individuals for whom derogatory 
        information was identified who--
                    (A) are being detained by the Department of 
                Homeland Security;
                    (B) have been transferred to, or are being 
                monitored by, another Federal agency;
                    (C) have been released from detention with 
                reporting requirements by the Department of Homeland 
                Security;
                    (D) have been released from detention without 
                reporting requirements by the Department of Homeland 
                Security; or
                    (E) were removed from the United States.
    (c) Implementation.--Not later than 60 days after submitting the 
plan to Congress pursuant to subsection (b), the Department of Homeland 
Security shall implement such plan.
                                                       Calendar No. 742

118th CONGRESS

  2d Session

                                S. 5102

                          [Report No. 118-322]

_______________________________________________________________________

                                 A BILL

   To require annual reports on counter illicit cross-border tunnel 
                  operations, and for other purposes.

_______________________________________________________________________

            December 19 (legislative day, December 16), 2024

                       Reported with an amendment
```