[Congressional Record Volume 168, Number 60 (Tuesday, April 5, 2022)]
[House]
[Pages H4165-H4168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE ACT

  Mr. PAYNE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4209) to support remediation of illicit cross-border tunnels, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4209

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``DHS Illicit Cross-Border 
     Tunnel Defense Act''.

     SEC. 2. COUNTER ILLICIT CROSS-BORDER TUNNEL OPERATIONS.

       (a) Counter Illicit Cross-border Tunnel Operations 
     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 Protection, 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 operations 
     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 technologies to identify, 
     breach, assess, and remediate illicit cross-border tunnels in 
     a manner that, among other considerations, reduces the impact 
     of such activities on surrounding communities.
       (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 includes consideration of the 
     following:
       (i) Technology needs.
       (ii) Staffing needs, including the following:

       (I) A position description for counter illicit cross-border 
     tunnel operations personnel.
       (II) Any specialized skills required 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 development of the strategic plan, the 
     Commissioner of U.S. 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from Texas (Mr. Pfluger) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include any extraneous materials on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4209, the DHS Illicit Cross-
Border Tunnel Defense Act.
  Since 1990, more than 200 cross-border tunnels built by smugglers and 
transnational criminal organizations have done smuggling of illicit 
drugs, humans, weapons, and money, and have been discovered along the 
U.S. border with Mexico.

                              {time}  1245

  The Border Tunnel Prevention Act of 2012, signed into law by 
President Obama, enhanced the criminal penalties for unauthorized 
construction,

[[Page H4166]]

financing, or use of a tunnel or subterranean passageway between the 
U.S. and another country.
  Yet, since that time, transnational criminal organizations, or TCOs, 
continue to construct illicit cross-border tunnels in the hopes of 
circumventing detection by border authorities.
  The tunnels are mainly used to traffic narcotics, such as heroin, 
fentanyl, and methamphetamine, and facilitate the illicit movement of 
weapons, contraband, and currency.
  Introduced by Congressman Pfluger, H.R. 4209 seeks to build upon 
existing law to enhance Customs and Border Protection's capacity to 
detect and remediate illicit cross-border tunnels. In 2013, CBP 
established a Tunnel Program Management Office to develop and acquire 
technology to detect tunnels.
  With funding and technological advances, CBP has significantly 
increased its ability to detect the existence of tunnels. These 
developments have allowed the agency to progress from manual methods of 
detection, such as human observation of traffic patterns and routine 
patrol operations, to the use of sensors to detect, classify, and 
localize subterranean activity.
  To help the Tunnel Program Management Office become more effective, 
H.R. 4209 provides dedicated funding and requires the development and 
implementation of a comprehensive and strategic approach to tunnel 
threats.
  In addition to authorizing $1 million annually to purchase 
specialized material to seal the tunnels, the bill directs DHS to issue 
a strategic plan that addresses resource needs, including technology 
and staffing needs, to identify, assess, and remediate illicit tunnels.
  The bill also requires the submission of a report to Congress on 
activities carried out to implement the strategy.
  This legislation is very timely. Just as technology that allows our 
government to detect the existence of these illicit tunnels has 
improved, so has the technology used by transnational criminal 
organizations to construct them.
  In January 2020, CBP discovered the longest smuggling tunnel ever 
found on the U.S.-Mexico border. The tunnel stretched for more than 
4,000 feet and was equipped with a makeshift elevator, drainage and air 
ventilation, and high-voltage electrical cables.
  The consequences of not detecting and shutting down these illicit 
cross-border tunnels stretch far beyond our border communities. The 
impact of narcotics and weapons making their way into American 
communities can be devastating.
  Mr. Speaker, I urge my colleagues to support H.R. 4209, and I reserve 
the balance of my time.
  Mr. PFLUGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 4209, my bill, 
the DHS Illicit Cross-Border Tunnel Defense Act. I thank my colleague 
from New Jersey for his support.
  It is important to say that this is one step. It is not the solution 
for all the problems that we face at our southern border, but it is one 
important piece.
  Since President Biden took office in January 2021, U.S. Customs and 
Border Protection has had over 2.2 million migrant encounters along the 
southwest border.
  Due to the sheer numbers of migrants that are flooding across the 
border, CBP personnel, including Border Patrol agents, are often 
diverted from their essential jobs, their daily tasks to process 
migrants, most of whom crossed the United States-Mexico border 
illegally between ports of entry.
  With Border Patrol agents occupied with other tasks and not 
patrolling the border, the security of our southwest border, and, 
therefore, the security of our Nation, has been crippled while cartels 
take full advantage.
  In addition to the record number of migrant encounters, CBP has been 
interdicting growing quantities of illegal narcotics, especially 
methamphetamines, fentanyl, and other fentanyl-laced drugs, along the 
border.
  For the first time, the United States has reached a tragic record, an 
unfortunate number of over 100,000 drug overdose deaths in a 1-year 
period. I want to repeat this: over 100,000 overdose deaths directly 
related to fentanyl in this past year, the most ever recorded in the 
United States. Additionally, according to the CDC, fentanyl is now the 
leading cause of death for Americans aged 18 to 45.
  In one of the communities that I represent, Odessa, Texas, law 
enforcement officials have reported 22 fentanyl overdoses in just 90 
days. Parents nationwide are scared for their kids, and there is good 
reason for that fear. Fentanyl-related deaths nearly doubled the death 
rates from COVID-19, car accidents, cancer, and even suicide.
  We need a plan, a strategy. A cornerstone of this strategy must be to 
stop the supply of drugs that are flowing into our country.
  Mexico is now the primary source of fentanyl and synthetic opioids 
entering the United States. Of course, smuggling those drugs across the 
border comes with the risk of packages being seized by our border and 
law enforcement agencies. To minimize this risk, in 1989, the Sinaloa 
Cartel built their first-ever narco tunnel, as has been heard this 
morning on this House floor.
  Back then, narco tunnels were short and unsophisticated. Over time, 
the cartels have learned and perfected these tunnels. They are longer, 
more sophisticated. They come with lights, with ventilation systems, 
with rail carts. They facilitate the movement of drugs and other 
illicit commodities, including the trafficking of people, bulk cash, 
and weapons.
  Since 1990, law enforcement officials have discovered more than 230 
of these cross-border tunnels, and there are likely more tunnels that 
exist between Mexico and the United States that are yet undiscovered. 
That is the heart of this bill.

  CBP's tunnel technology program has matured over the years. Under the 
direction of U.S. Border Patrol, this program has been testing and 
acquiring technologies that do three essential things: predict tunnel 
locations, detect and project the paths of the tunnels, and confirm a 
tunnel's existence and location through mapping and measurements.
  As CBP develops enhanced capabilities that will do the detection of 
the tunnels, drug cartels have become more emboldened, and they are 
creating more elaborate and harder-to-detect tunnel systems. Without 
this critical legislation, CBP truly lacks the ability to scale their 
tunnel interdiction and remediation operations.
  The DHS Illicit Cross-Border Tunnel Defense Act addresses this issue 
by requiring CBP to develop a counter tunnel operations plan that would 
address risk-based criteria for interdicting and remediating illicit 
tunnels.
  They will also look at the processes for sharing information on these 
tunnels, key indicators of tunnel construction to educate field 
personnel, and require an assessment of technology and personnel needs.
  Additionally, this legislation would authorize funding for CBP to 
counter tunnel interdiction and remediation operations.
  With the surge of illicit border activity both above and below 
ground, CBP needs resources to combat illicit cross-border tunnels to 
secure our homeland and protect our national security.
  Passage of this legislation will disrupt and dismantle cartel 
smuggling operations, safeguarding American communities from the 
illegal narcotics problem that we see is completely devastating our 
country, including my home State of Texas.
  Border security is national security. I thank Chairman Thompson and 
Ranking Member Katko for bringing this important legislation to the 
floor today.
  Mr. Speaker, I urge my colleagues to vote in favor of my bill, H.R. 
4209, and I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the distinguished 
gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman from New Jersey 
for his consistent leadership as he serves as chair and ranking member 
of a number of subcommittees of the Homeland Security Committee. He has 
been not only an effective manager here on the floor, but he has been a 
very effective Member and effective leader on so many issues.
  Mr. Speaker, I rise to support H.R. 4209 from my colleague and friend 
from Texas (Mr. Pfluger).
  After years of service on the Homeland Security Committee and any 
number of times going to the border, I would like to first describe and 
acknowledge that the southern border is many things.

[[Page H4167]]

  It is a lifeline to desperate people who are fleeing horrible, 
violent situations that include the decapitating of their sons and 
daughters or their husbands and even wives. With the violence of some 
of the oppressive states in Central and South America, where young boys 
are recruited right out of their homes for gangs, gang warfare, those 
families are intimidated and frightened if they do not give their boys 
to these major gangs and cartels.
  We have had any number of a series of the flow of massive influx of 
migrants from the region. Many may come out of desperation for economic 
reasons, but many come with credible fear. We expect that that may even 
occur as early as the next couple of months. I implore my colleagues to 
respond to that desperation in a unified, committed, and dedicated way 
of Democrats and Republicans reminding themselves that the Statue of 
Liberty may be along the New York shore, but people view this place as 
a refuge.
  As a resident of Houston, I can attest to the fact that Ukrainians, 
Afghans, Africans, Haitians, and, yes, those from South and Central 
America, and as far away as Southeast Asia, are now congregating at the 
southern border. I, too, was in Del Rio when the massive movement of 
human beings flowed for desperate reasons.
  This DHS Illicit Cross-Border Tunnel Defense Act is what we need as 
it relates to the known cartels and persons who are desperate to do 
evil and to bring the goods that will destroy our young and others who 
are addicted into the United States.
  This is the way. They have proudly said that we build tunnels with 
lights, air-conditioning, in whatever manner to make them palatable to 
be able to block, if you will, our law enforcement from achieving their 
goals.
  As the first Member of Congress to bring a human trafficking hearing 
to Houston, which is known as the epicenter of human trafficking, this 
is vital legislation to stop the scourge of human trafficking, of 
bringing young children and young women.
  We already know that at the Ukrainian borders in different countries, 
there is trafficking of young kids who are not killed by Putin; that 
they are trafficking children and women in that crisis situation. They 
have no moral compass.
  This bill, which strengthens DHS' efforts to identify and remediate 
illicit cross-border tunnels built and utilized by transnational 
criminal organizations and smugglers on the southwest border, is 
crucial.
  Mr. Speaker, I particularly support the Secretary's direction to 
issue a strategic plan that addresses resource needs, including 
technology and staffing needs. What is needed is a million dollars in 
funding for fiscal years 2023 and 2024 to acquire material to remediate 
illicit cross-border tunnels.
  I have said that they have regular, good living conditions in these 
tunnels because they are so extensive. This material includes 
specialized concrete with enough viscosity to efficiently fill tunnels 
with fewer insertion points.
  We need to combine our efforts as we deal with the scourge of the 
violent cartels: bloody, guns, intimidating people, and, of course, 
bringing in illegal entities, some that are human life, into the United 
States.

                              {time}  1300

  The southern border is quite different from the northern border, and 
we must provide the technology for those who are there.
  But as I make that point, Mr. Speaker, I do believe as well that we 
are never going to get anywhere as Americans, we are never going to win 
the fight on immigration, on migration, or refugees if we continue to 
stand in our individual corners. We have to face it. People view this 
as a beacon of light. You can try to snuff that out, you can try to 
turn the light off, and you can try to tell them to go back, but they 
are entrenched with legacy history passed down that this is the place 
to seek opportunity and refuge.
  So I support the legislation. I thank the gentleman from Texas for 
his hard work. I believe this is an important element to bipartisan 
commitment to securing our borders in the right way, and I thank him 
for his leadership.
  Mr. Speaker, I thank the gentleman from New Jersey, the chairman, and 
the ranking member of the full committee.
  Mr. PFLUGER. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Washington (Ms. Herrera Beutler).
  Ms. HERRERA BEUTLER. Mr. Speaker, I thank Congressman Pfluger for his 
leadership on not just this legislation but the issue as a whole 
because securing our border is so important for Americans and really 
for security in the rest of the world. It is not an extreme view to 
make sure that we have control for the safety and security of our 
people over our borders. So I thank the gentleman for his leadership 
here, and I am very proud to lend my support to this legislation.
  I recently met with a Joint Narcotics Enforcement Team in Lewis 
County, southwest Washington which I represent, and it is a community 
bisected by the West Coast's largest freeway, I-5, that runs from 
Mexico to Canada. These officers reported confiscating hundreds of 
thousands of pills laced with fentanyl, not to mention record amounts 
of other illicit drugs.
  They told me, about 95 percent of the drugs that they have 
confiscated come via Mexico and the amount that they confiscate is just 
a tiny fraction of the flood of drugs that are never seized by law 
enforcement.
  That means what is happening on our borders has a direct and 
devastating impact on the lives of those in southwest Washington and 
across our Nation.
  A big factor in the success of these drug cartels is underground, 
illegal tunnels along the southern border.
  Last year, U.S. officials found a 183-foot-long subterranean tunnel 
near the border used by drug traffickers to conduct illegal activities 
completely undetected by border patrol.
  The bill I helped advance for House consideration today would help 
the Border Patrol shut down these illegal underground tunnels used by 
cartels to smuggle drugs and conduct human trafficking underneath our 
southern border.
  This is a commonsense and very necessary step to slow the trafficking 
of drugs and human beings which is being felt not just along the border 
States but in southwest Washington State and across this country.
  Mr. Speaker, I urge passage of the bill.
  Mr. PAYNE. Mr. Speaker, I have no more speakers, and I am prepared to 
close after the gentleman.
  Mr. PFLUGER. Mr. Speaker, I yield 3 minutes to the gentleman from New 
York (Mr. Katko), who is the ranking member of the Homeland Security 
Committee and my good friend.
  Mr. KATKO. Mr. Speaker, I rise today in strong support of the 
homeland security legislation being considered on the floor today.
  Specifically, I would like to acknowledge the two Republican-led 
bills.
  First, H.R. 4209, the DHS Illicit Cross-Border Tunnel Defense Act 
sponsored by my good friend and colleague, the ranking member of the 
Subcommittee on Intelligence and Counterterrorism, Representative 
Pfluger. This important piece of legislation is critical to addressing 
the rampant challenge of illicit cross-border tunnels used by cartels 
to traffic people, drugs, and other illicit commodities into the United 
States. Make no mistake: we must take action to address the crisis 
levels of fentanyl flowing into our communities.
  So far this year, Customs and Border Patrol has seized enough 
fentanyl to kill 2.4 billion people. Let me say that again. They have 
seized enough fentanyl to kill 2.4 billion people, or the entire U.S. 
population, seven times over. Enabling frontline law enforcement to 
detect and mitigate the use of these tunnels by passing this 
legislation is an important step we can take to secure the border.
  I would also like to thank my other good friend, the gentleman from 
Michigan (Mr. Meijer) who leads the Subcommittee on Oversight, 
Management, and Accountability for introducing H.R. 4476, the DHS Trade 
and Economic Security Council Act.
  The COVID 19 pandemic uncovered many weaknesses in our supply chains. 
This first became apparent in the early days of the pandemic when the 
United States struggled to get such basic things as personal protective 
equipment. More recently, larger issues have surfaced among multiple 
industries as they struggle to meet demand due to supply chain issues. 
These issues are so large and profound that they very much impact our 
national security.

[[Page H4168]]

  This measure codifies two recommendations made by the Homeland 
Security Advisory Council on how we can strengthen our Nation's 
economic security while at the same time combating the growing 
influence of China on the United States economy.
  I commend my colleague, Representative Meijer, for introducing this 
bill, and I am very proud to be a cosponsor of this legislation. As 
COVID-19 has galvanized bipartisan concerns about the Nation's economic 
security, now is the time to act.
  Mr. Speaker, I urge my colleagues to support both of these important 
pieces of legislation.
  Mr. PAYNE. Mr. Speaker, I reserve the balance of my time.

  Mr. PFLUGER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker I think it is important to note here that we are not 
going to declare victory. Celebrations will be minimal should this bill 
pass, and I urge my colleagues to vote ``aye.'' I appreciate the 
support of the gentleman from New Jersey, of the chairman, and of the 
ranking member.
  This is step one out of 100 different steps. As somebody with a 
military background who was charged with protecting airspace, defensive 
counter-air, the border is very similar. It is layered. It is not just 
one piece that really is the magic solution. There are many different 
approaches that need to be considered.
  This is one, as I said, out of hundreds of steps that need to be 
accomplished to prevent the fentanyl that we just heard about that 
could kill every American multiple times, to prevent the rest of the 
drugs that are flowing into our country, to prevent the trafficking and 
the crime, and really the overwhelming of our local communities.
  As I mentioned, in Odessa, Texas, recently, we uncovered the fact 
that in 90 days we had almost 20 overdoses from fentanyl. It is a 
layered defense that is required, so many more steps need to be taken. 
I am proud to sponsor this legislation to continue to push for that 
defense and that architecture to be in place.
  We need strength, we need deterrence, we need resolve, and, most 
importantly, we need the political will in a nonpartisan way to bring 
America back together and the Committee on Homeland Security to secure 
the safety of every single American.
  Mr. Speaker, I have no further speakers on this bill, and I yield 
back the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, let me just commend the gentleman from Texas for this 
well-thought-out legislation. The challenge of ending the scourge of 
drugs in our communities is complex as there are many ways these 
poisons come into our communities.
  H.R. 4209 targets illicit cross-border tunnels. By joining me in 
supporting this legislation today, Members can help CBP continue to 
carry out its detection and remediation program in a strategic and 
commonsense way.
  Mr. Speaker, H.R. 4209 seeks to make smart and bipartisan investments 
in our Nation's border security. For that reason, I urge my colleagues 
to support H.R. 4209, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Payne) that the House suspend the rules 
and pass the bill, H.R. 4209, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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