IIB 
117TH CONGRESS 
2D SESSION 
H. R. 4209 
IN THE SENATE OF THE UNITED STATES 
APRIL 6, 2022 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To support remediation of illicit cross-border tunnels, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DHS Illicit Cross-Bor-
der Tunnel Defense Act’’. 
SEC. 2. COUNTER ILLICIT CROSS-BORDER TUNNEL OPER-
ATIONS. 
(a) COUNTER ILLICIT CROSS-BORDER TUNNEL OP-
ERATIONS STRATEGIC PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commissioner of U.S. Customs and Border Protec-
tion, in coordination with the Under Secretary for 
Science and Technology, and, as appropriate, other 
officials of the Department of Homeland Security, 
shall develop a counter illicit cross-border tunnel op-
erations strategic plan (in this section referred to as 
the ‘‘strategic plan’’) to address the following: 
(A) Risk-based criteria to be used to 
prioritize the identification, breach, assessment, 
and remediation of illicit cross-border tunnels. 
(B) Promote the use of innovative tech-
nologies to identify, breach, assess, and reme-
diate illicit cross-border tunnels in a manner 
that, among other considerations, reduces the 
impact of such activities on surrounding com-
munities. 
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(C) Processes to share relevant illicit cross- 
border tunnel location, operations, and technical 
information. 
(D) Indicators of specific types of illicit 
cross-border tunnels found in each U.S. Border 
Patrol sector identified through operations to be 
periodically disseminated to U.S. Border Patrol 
sector chiefs to educate field personnel. 
(E) A counter illicit cross-border tunnel 
operations resource needs assessment that in-
cludes consideration of the following: 
(i) Technology needs. 
(ii) Staffing needs, including the fol-
lowing: 
(I) A position description for 
counter illicit cross-border tunnel op-
erations personnel. 
(II) Any specialized skills re-
quired of such personnel. 
(III) The number of such full 
time personnel, disaggregated by U.S. 
Border Patrol sector. 
(2) REPORT
TO
CONGRESS
ON
STRATEGIC 
PLAN.—Not later than one year after the develop-
ment of the strategic plan, the Commissioner of U.S. 
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Customs and Border Protection shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a 
report on the implementation of the strategic plan. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commissioner of U.S. 
Customs and Border Protection $1,000,000 for each of 
fiscal years 2023 and 2024 to carry out— 
(1) the development of the strategic plan; and 
(2) remediation operations of illicit cross-border 
tunnels in accordance with the strategic plan to the 
maximum extent practicable. 
Passed the House of Representatives April 5, 2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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