HR-495-119
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Sponsored by Elijah Crane (R-AZ)
What it does
The bill would amend section 7134(a)(2) of the Fiscal Year 2023 National Defense Authorization Act by adding "and annually thereafter" after "development of the strategic plan." This would turn a reporting requirement on counter illicit cross-border tunnel operations into a yearly one. The bill does not itself add funding, new enforcement powers, or new tunnel-related programs.
Who benefits
Congressional committees with homeland security oversight, which would receive updated information each year. Border security agencies and planners, who may gain a regular basis for tracking tunnel-detection progress. Border-area communities and officials who want sustained attention to tunnel threats.
Who is hurt
Federal agency staff, such as at the Department of Homeland Security, who would have to prepare a report each year, which could divert time from other work. Taxpayers would bear a small administrative cost. No group is otherwise meaningfully affected, since the bill creates no new enforcement authority or penalties.
Supporters argue
Supporters argue that tunnels are a persistent smuggling route and that a one-time report leaves Congress without current information. They contend that yearly reporting would let lawmakers track progress, spot gaps in detection technology, and adjust funding, at very little cost, since the bill only extends an existing report.
Opponents argue
Opponents argue that recurring reports add paperwork for agencies without changing what they can do about tunnels. They contend that Congress can already request updates through hearings and oversight letters, and that staff time spent on yearly reports may be better spent on operations, particularly if the reports repeat earlier findings.
Constitutional context
This bill raises no significant constitutional question; it rests on Congress's Article I authority to legislate for homeland security and to obtain information from the executive branch for oversight, as recognized in McGrain v. Daugherty (1927).
Checks and balances
Congress gains more regular information from the executive branch, strengthening its oversight role, while the executive branch gains no new authority and takes on a recurring reporting duty.
Historical precedent
Congress has previously required recurring reports on border security matters, and this bill extends the tunnel strategic plan reporting requirement created in the FY2023 National Defense Authorization Act.