79–006 

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’’. 

2 

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 

3 

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 Trevin ̃ o, 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 

4 

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 

5 

‘‘(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 earVerDate Sep 11 2014 01:26 Sep 28, 2018 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR962.XXX HR962
6 

marks, 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, 

7 

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 crossborder 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— 

8 

(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. 

* * * * * * * 

Æ