S5102-118

1. Short title This Act may be cited as the Cross-Border Tunnel Report Act.

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,.

3. Annual report and plan on special interest aliens encounters 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— any changes to the definition of special interest alien encounter during the reporting period; what factors would lead to an encounter being designated as a special interest alien encounter; the underlying targeting criteria, methodology, and rationale for the determination of each of the factors referred to in paragraph (2); the internal Department of Homeland Security review process for updating the factors referred to in paragraph (2); how the designation of a special interest alien encounter differs from the definition of an encounter with a known or suspected terrorist; the policies, procedures, and tools the Department of Homeland Security has implemented to address the underlying threats addressed through special interest alien encounters; the number of individuals screened by U.S. Customs and Border Protection during special interest alien encounters, disaggregated by component; the number of such individuals for whom no derogatory information was identified who— are being detained by the Department of Homeland Security; have been transferred to, or are being monitored by, another Federal agency; have been released from detention with reporting requirements by the Department of Homeland Security; or were removed from the United States; 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— are being detained by the Department of Homeland Security; have been transferred to, or are being monitored by, another Federal agency; have been released from detention with reporting requirements by the Department of Homeland Security; have been released from detention without reporting requirements by the Department of Homeland Security; or were removed from the United States. 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— the definition of special interest alien encounter; the number of individuals screened by U.S. Customs and Border Protection during special interest alien encounters, disaggregated by component; and the number of such individuals for whom derogatory information was identified who— are being detained by the Department of Homeland Security; have been transferred to, or are being monitored by, another Federal agency; have been released from detention with reporting requirements by the Department of Homeland Security; have been released from detention without reporting requirements by the Department of Homeland Security; or were removed from the United States. Not later than 60 days after submitting the plan to Congress pursuant to subsection (b), the Department of Homeland Security shall implement such plan.