What This Bill Does
This bill allows the Secretary of Homeland Security to waive environmental rules so that border patrol agencies can search for and fix illegal tunnels used to smuggle people across the border. The bill also lets these agencies hire contractors to help with this work.
Who It Affects
The Secretary of Homeland Security, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, private landowners where tunnels may exist, and federal contractors hired to search for or fix tunnels.
Key Provisions
• The Secretary of Homeland Security can waive all federal, state and local environmental permits and reviews the Secretary decides are necessary to search for and fix illegal border crossing tunnels (Sec. 2(a))
• Determinations by the Secretary to waive these environmental requirements become effective once published in the Federal Register, which is the official government publication where federal rules are announced (Sec. 2(a))
• U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement can enter into indefinite delivery, indefinite quantity contracts with multiple sources to search for and fix illegal tunnels (Sec. 2(b)(1))
• Border patrol agencies can search for and remediate illegal tunnels on private land as part of border patrolling activities (Sec. 2(c))
What Changes
If this becomes law, the Secretary of Homeland Security gains the power to override environmental protection requirements when searching for illegal tunnels. Border agencies gain new authority to hire contractors through a specific type of contract that does not have a set quantity of work or end date.
Important Definitions
"Indefinite delivery, indefinite quantity contract" means a contract entered into by a federal agency head with two or more sources under the same request for proposals (Sec. 2(b)(2))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1464
To amend the Immigration and Nationality Act to clarify that the Secretary
of Homeland Security may waive certain environmental requirements
to permit U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement to search for unlawful border crossing tunnels
on private land to prevent the illegal entry of aliens into the United
States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2023
Mrs. LESKO (for herself, Mr. CRENSHAW, Mr. BABIN, and Mr. CISCOMANI)
introduced the following bill; which was referred to the Committee on
Homeland Security, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To amend the Immigration and Nationality Act to clarify
that the Secretary of Homeland Security may waive cer-
tain environmental requirements to permit U.S. Customs
and Border Protection and U.S. Immigration and Cus-
toms Enforcement to search for unlawful border crossing
tunnels on private land to prevent the illegal entry of
aliens into the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•HR 1464 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Eradicate Crossing of
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Illegal Tunnels Act of 2023’’ or the ‘‘EXIT Act of 2023’’.
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SEC. 2. UNLAWFUL BORDER CROSSING TUNNEL SEARCH
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AND REMEDIATION.
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(a) WAIVER AUTHORITY
OF CERTAIN ENVIRON-
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MENTAL REQUIREMENTS REGARDING TUNNEL ACTIONS
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ON PRIVATE LAND.—Section 287 of the Immigration and
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Nationality Act (8 U.S.C. 1357) is amended by adding
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at the end the following new subsection:
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‘‘(i) WAIVER AUTHORITY
OF CERTAIN ENVIRON-
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MENTAL REQUIREMENTS REGARDING TUNNEL ACTIONS
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ON PRIVATE LAND.—Notwithstanding any other provision
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of law, the Secretary of Homeland Security shall have the
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authority to waive all requirements relating to Federal,
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State, or local environmental permits and reviews such
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Secretary, in such Secretary’s sole discretion, determines
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necessary to search for and remediate unlawful border
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crossing tunnels pursuant to subsection (a)(3). Any such
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determination by the Secretary shall be effective upon
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being published in the Federal Register.’’.
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(b) CONTRACT AUTHORITY.—
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(1) IN GENERAL.—To search for and remediate
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unlawful border crossing tunnels in accordance with
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section 287 of the Immigration and Nationality Act
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(8 U.S.C. 1357), the Commissioner of U.S. Customs
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•HR 1464 IH
and Border Protection and the Director of U.S. Im-
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migration and Customs Enforcement are authorized
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to enter into indefinite delivery, indefinite quantity
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contracts.
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(2) DEFINITION.—In this subsection, the term
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‘‘indefinite delivery, indefinite quantity contract’’
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means a contract that is entered into by the head of
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a Federal agency with two or more sources pursuant
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to the same solicitation.
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(c) CLARIFICATION REGARDING ACTIONS ON PRI-
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VATE LAND.—Paragraph (3) of section 287(a) of the Im-
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migration and Nationality Act (8 U.S.C. 1357(a)) is
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amended by inserting ‘‘, including to search for and reme-
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diate unlawful border crossing tunnels,’’ after ‘‘patrolling
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the border’’.
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Æ
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