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 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. 

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


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•HR 1464 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Eradicate Crossing of 

3 Illegal Tunnels Act of 2023’’ or the ‘‘EXIT Act of 2023’’. 

4 SEC. 2. UNLAWFUL BORDER CROSSING TUNNEL SEARCH 

5 AND REMEDIATION. 

6 (a) WAIVER AUTHORITY OF CERTAIN ENVIRON7 MENTAL REQUIREMENTS REGARDING TUNNEL ACTIONS

8 ON PRIVATE LAND.—Section 287 of the Immigration and 

9 Nationality Act (8 U.S.C. 1357) is amended by adding 

10 at the end the following new subsection: 

11 ‘‘(i) WAIVER AUTHORITY OF CERTAIN ENVIRON12 MENTAL REQUIREMENTS REGARDING TUNNEL ACTIONS

13 ON PRIVATE LAND.—Notwithstanding any other provision 

14 of law, the Secretary of Homeland Security shall have the 

15 authority to waive all requirements relating to Federal, 

16 State, or local environmental permits and reviews such 

17 Secretary, in such Secretary’s sole discretion, determines 

18 necessary to search for and remediate unlawful border 

19 crossing tunnels pursuant to subsection (a)(3). Any such 

20 determination by the Secretary shall be effective upon 

21 being published in the Federal Register.’’. 

22 (b) CONTRACT AUTHORITY.— 

23 (1) IN GENERAL.—To search for and remediate 

24 unlawful border crossing tunnels in accordance with 

25 section 287 of the Immigration and Nationality Act 

26 (8 U.S.C. 1357), the Commissioner of U.S. Customs 


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•HR 1464 IH

1 and Border Protection and the Director of U.S. Im2 migration and Customs Enforcement are authorized 

3 to enter into indefinite delivery, indefinite quantity 

4 contracts. 

5 (2) DEFINITION.—In this subsection, the term 

6 ‘‘indefinite delivery, indefinite quantity contract’’ 

7 means a contract that is entered into by the head of 

8 a Federal agency with two or more sources pursuant 

9 to the same solicitation. 

10 (c) CLARIFICATION REGARDING ACTIONS ON PRI11 VATE LAND.—Paragraph (3) of section 287(a) of the Im12 migration and Nationality Act (8 U.S.C. 1357(a)) is 

13 amended by inserting ‘‘, including to search for and reme14 diate unlawful border crossing tunnels,’’ after ‘‘patrolling 

15 the border’’. 

Æ 


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