HR1464-118

1. Short title This Act may be cited as the Eradicate Crossing of Illegal Tunnels Act of 2023 or the EXIT Act of 2023.

2. Unlawful border crossing tunnel search and remediation Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following new subsection: Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all requirements relating to Federal, State, or local environmental permits and reviews such Secretary, in such Secretary’s sole discretion, determines necessary to search for and remediate unlawful border crossing tunnels pursuant to subsection (a)(3). Any such determination by the Secretary shall be effective upon being published in the Federal Register. To search for and remediate unlawful border crossing tunnels in accordance with section 287 of the Immigration and Nationality Act (8 U.S.C. 1357), the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement are authorized to enter into indefinite delivery, indefinite quantity contracts. In this subsection, the term indefinite delivery, indefinite quantity contract means a contract that is entered into by the head of a Federal agency with two or more sources pursuant to the same solicitation. Paragraph (3) of section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)) is amended by inserting , including to search for and remediate unlawful border crossing tunnels, after patrolling the border. (i)Waiver authority of certain environmental requirements regarding tunnel actions on private landNotwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all requirements relating to Federal, State, or local environmental permits and reviews such Secretary, in such Secretary’s sole discretion, determines necessary to search for and remediate unlawful border crossing tunnels pursuant to subsection (a)(3). Any such determination by the Secretary shall be effective upon being published in the Federal Register..