II 

117TH CONGRESS 

2D SESSION S. 4339 

To support remediation of illicit cross-border tunnels, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2022 

Mr. CORNYN (for himself, Ms. SINEMA, Mr. CRUZ, Mr. KELLY, Mr. 

LANKFORD, and Mr. PADILLA) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To support remediation of illicit cross-border tunnels, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Illicit Cross-Bor5 der Tunnel Defense Act’’. 

6 SEC. 2. COUNTER ILLICIT CROSS-BORDER TUNNEL OPER7 ATIONS. 

8 (a) COUNTER ILLICIT CROSS-BORDER TUNNEL OP9 ERATIONS STRATEGIC PLAN.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the 

3 Commissioner of U.S. Customs and Border Protec4 tion, in coordination with the Under Secretary for 

5 Science and Technology, and, as appropriate, other 

6 officials of the Department of Homeland Security, 

7 shall develop a counter illicit cross-border tunnel op8 erations strategic plan (in this section referred to as 

9 the ‘‘strategic plan’’) to address the following: 

10 (A) Risk-based criteria to be used to 

11 prioritize the identification, breach, assessment, 

12 and remediation of illicit cross-border tunnels. 

13 (B) Promote the use of innovative tech14 nologies to identify, breach, assess, and reme15 diate illicit cross-border tunnels in a manner 

16 that, among other considerations, reduces the 

17 impact of such activities on surrounding com18 munities. 

19 (C) Processes to share relevant illicit cross20 border tunnel location, operations, and technical 

21 information. 

22 (D) Indicators of specific types of illicit 

23 cross-border tunnels found in each U.S. Border 

24 Patrol sector identified through operations to be 


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1 periodically disseminated to U.S. Border Patrol 

2 sector chiefs to educate field personnel. 

3 (E) A counter illicit cross-border tunnel 

4 operations resource needs assessment that in5 cludes consideration of the following: 

6 (i) Technology needs. 

7 (ii) Staffing needs, including the fol8 lowing: 

9 (I) A position description for 

10 counter illicit cross-border tunnel op11 erations personnel. 

12 (II) Any specialized skills re13 quired of such personnel. 

14 (III) The number of such full15 time personnel, disaggregated by U.S. 

16 Border Patrol sector. 

17 (2) REPORT TO CONGRESS ON STRATEGIC

18 PLAN.—Not later than one year after the develop19 ment of the strategic plan, the Commissioner of U.S. 

20 Customs and Border Protection shall submit to the 

21 Committee on Homeland Security of the House of 

22 Representatives and the Committee on Homeland 

23 Security and Governmental Affairs of the Senate a 

24 report on the implementation of the strategic plan. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Commissioner of U.S. 

3 Customs and Border Protection $1,000,000 for each of 

4 fiscal years 2023 and 2024 to carry out— 

5 (1) the development of the strategic plan; and 

6 (2) remediation operations of illicit cross-border 

7 tunnels in accordance with the strategic plan to the 

8 maximum extent practicable. 

Æ 


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