[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7450 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 7450

To remove legal impediments preventing construction of a border barrier 
 along the international border between the United States and Mexico, 
improve the construction requirements for such barrier, make previously 
   appropriated funds available for constructing such barrier until 
                   expended, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 2022

 Mr. Budd (for himself, Mr. Duncan, Mr. Posey, Mr. Mooney, Mr. Harris, 
 Mr. Weber of Texas, Ms. Mace, Mr. Norman, Mr. Cawthorn, Mr. Bishop of 
North Carolina, Mr. Tiffany, Mr. Timmons, and Mr. McKinley) introduced 
  the following bill; which was referred to the Committee on Homeland 
   Security, and in addition to the Committees on Natural Resources, 
Energy and Commerce, Transportation and Infrastructure, Armed Services, 
 Agriculture, Small Business, the Judiciary, and Oversight and Reform, 
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 remove legal impediments preventing construction of a border barrier 
 along the international border between the United States and Mexico, 
improve the construction requirements for such barrier, make previously 
   appropriated funds available for constructing such barrier until 
                   expended, and for other purposes.

    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 ``Build the Wall Now Act''.

SEC. 2. RESUME CONSTRUCTION OF BARRIERS AND ROADS ALONG UNITED STATES 
              AND MEXICO BORDER.

    (a) In General.--
            (1) Immediate resumption of border barrier construction.--
        Not later than 24 hours after the date of the enactment of this 
        Act, the Secretary of Homeland Security shall resume any 
        project relating to the construction of physical barriers, 
        tactical infrastructure, and technology along the international 
        border between the United States and Mexico that were underway, 
        or being planned for, prior to January 20, 2021.
            (2) No cancellations.--The Secretary may not cancel any 
        contract for activities related to the construction of the 
        border barrier system that was entered into on or before 
        January 20, 2021.
            (3) Use of funds.--To carry out this section, the Secretary 
        shall expend all funds appropriated or explicitly obligated for 
        the construction of the border barrier system that were 
        appropriated or obligated, as the case may be, for use 
        beginning October 1, 2016.
    (b) Uphold Negotiated Agreements.--The Secretary shall ensure that 
all agreements executed in writing between the Department and private 
citizens, State, local, or Tribal governments, or other stakeholders 
are honored by the Department relating to current and future 
construction of the border barrier system as required by such 
agreements.
    (c) Availability of Funds.--Notwithstanding any other provision of 
law, each amount appropriated or otherwise made available for any 
project relating to the construction of such physical barriers, 
tactical infrastructure, and technology for fiscal year 2018, 2019, 
2020, or 2021 shall remain available until expended.
    (d) Use of Funds.--The amounts made available under subsection (c) 
for fiscal year 2021 shall only be available for barriers, technology, 
or roads that--
            (1) use--
                    (A) operationally effective designs deployed as of 
                the date of enactment of the Consolidated 
                Appropriations Act, 2017 (Public Law 115-31), such as 
                currently deployed steel bollard designs, that 
                prioritize agent safety; or
                    (B) operationally effective adaptations of such 
                designs that help mitigate community or environmental 
                impacts of barrier system construction, including 
                adaptations based on consultation with jurisdictions 
                within which barrier system will be constructed; and
            (2) are constructed in the highest priority locations as 
        identified in the Border Security Improvement Plan.
    (e) Definitions.--In this section:
            (1) Physical barriers.--The term ``physical barriers'' 
        includes reinforced fencing, border barrier system, and levee 
        walls.
            (2) Tactical infrastructure.--The term ``tactical 
        infrastructure'' includes boat ramps, access gates, 
        checkpoints, lighting, and roads.
            (3) Technology.--The term ``technology'' means border 
        surveillance and detection technology, and includes the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Vehicle and Dismount Exploitation Radars 
                (VADER).
                    (D) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology.
                    (E) Advanced unattended surveillance sensors.
                    (F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (G) Unmanned aircraft systems.
                    (H) Other border detection, communication, and 
                surveillance technology.

SEC. 3. IMPROVING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN 
              BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the United States 
border to achieve situational awareness and operational control of the 
border and deter, impede, and detect illegal activity in high traffic 
areas.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing and Road Improvements'' and inserting 
                ``Physical Barriers'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``subsection (a)'' 
                                and inserting ``this section'';
                                    (II) by striking ``roads, lighting, 
                                cameras, and sensors'' and inserting 
                                ``tactical infrastructure, and 
                                technology''; and
                                    (III) by striking ``gain'' and 
                                inserting ``achieve situational 
                                awareness and'';
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Physical barriers and tactical 
                infrastructure.--The Secretary, in carrying out this 
                section, shall deploy along the United States border 
                the most practical and effective physical barriers and 
                tactical infrastructure available for achieving 
                situational awareness and operational control of the 
                border.'';
                            (iii) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary shall consult with 
                        appropriate Federal agency partners, 
                        appropriate representatives of Federal, State, 
                        Tribal, and local governments, and appropriate 
                        private property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life for the 
                        communities and residents located near the 
                        sites at which such physical barriers are to be 
                        constructed.''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (I), by 
                                        striking ``or'' after the 
                                        semicolon at the end;
                                            (bb) by amending subclause 
                                        (II) to read as follows:
                                    ``(II) delay the transfer to the 
                                United States of the possession of 
                                property or affect the validity of any 
                                property acquisition by the United 
                                States by purchase or eminent domain, 
                                or to otherwise affect the eminent 
                                domain laws of the United States or of 
                                any State; or''; and
                                            (cc) by adding at the end 
                                        the following new subclause:
                                    ``(III) create any right or 
                                liability for any party.''; and
                            (iv) by striking subparagraph (D);
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'';
                            (ii) by striking ``this subsection'' and 
                        inserting ``this section''; and
                            (iii) by striking ``construction of 
                        fences'' and inserting ``the construction of 
                        physical barriers'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, constructing, 
        and deploying physical barriers, tactical infrastructure, or 
        technology, shall incorporate such safety features into such 
        design, construction, or deployment of such physical barriers, 
        tactical infrastructure, or technology, as the case may be, 
        that the Secretary determines are necessary to maximize the 
        safety and effectiveness of officers or agents of the 
        Department of Homeland Security or of any other Federal agency 
        deployed in the vicinity of such physical barriers, tactical 
        infrastructure, or technology.''; and
                    (E) in paragraph (4), by striking ``this 
                subsection'' and inserting ``this section'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall have the 
        authority to waive all legal requirements the Secretary 
        determines necessary to ensure the expeditious design, testing, 
        construction, installation, deployment, integration, and 
        operation of the physical barriers, tactical infrastructure, 
        and technology under this section. Such waiver authority shall 
        also apply with respect to any maintenance carried out on such 
        physical barriers, tactical infrastructure, or technology. Any 
        such decision by the Secretary shall be effective upon 
        publication in the Federal Register.'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Notification.--Not later than 7 days after the date 
        on which the Secretary of Homeland Security exercises the 
        waiver authority under paragraph (1), the Secretary shall 
        notify the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate of such waiver.''; and
            (4) by adding at the end the following new subsections:
    ``(e) Technology.--The Secretary of Homeland Security, in carrying 
out this section, shall deploy along the United States border the most 
practical and effective technology available for achieving situational 
awareness and operational control of the border.
    ``(f) Definitions.--In this section:
            ``(1) Advanced unattended surveillance sensors.--The term 
        `advanced unattended surveillance sensors' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            ``(2) High traffic areas.--The term `high traffic areas' 
        means areas in the vicinity of the United States border that--
                    ``(A) are within the responsibility of U.S. Customs 
                and Border Protection; and
                    ``(B) have significant unlawful cross-border 
                activity, as determined by the Secretary of Homeland 
                Security.
            ``(3) Operational control.--The term `operational control' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
            ``(4) Physical barriers.--The term `physical barriers' 
        includes reinforced fencing, border barrier system, and levee 
        walls.
            ``(5) Situational awareness.--The term `situational 
        awareness' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
            ``(6) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(7) Technology.--The term `technology' means border 
        surveillance and detection technology, and includes the 
        following:
                    ``(A) Tower-based surveillance technology.
                    ``(B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    ``(C) Vehicle and Dismount Exploitation Radars 
                (VADER).
                    ``(D) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology.
                    ``(E) Advanced unattended surveillance sensors.
                    ``(F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    ``(G) Unmanned aircraft systems.
                    ``(H) Other border detection, communication, and 
                surveillance technology.
            ``(8) Unmanned aircraft system.--The term `unmanned 
        aircraft system' has the meaning given such term in section 
        44801 of title 49, United States Code.''.

SEC. 4. CODIFYING PREVIOUSLY WAIVED LEGAL REQUIREMENTS.

    Section 102(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended by adding at the end the following new paragraph:
            ``(4) Previously waived legal requirements.--
                    ``(A) In general.--Any project relating to the 
                construction of physical barriers, tactical 
                infrastructure, and technology along the international 
                border between the United States and Mexico shall be 
                exempt from any law or regulation described in 
                subparagraph (B).
                    ``(B) Elements.--The laws or regulations described 
                in this subparagraph are the following:
                            ``(i) An Act to facilitate the work of the 
                        Forest Service (Public Law 87-869).
                            ``(ii) The Administrative Procedure Act (5 
                        U.S.C. 500 et seq.).
                            ``(iii) The American Indian Religious 
                        Freedom Act of 1978 (42 U.S.C. 1996 et seq.).
                            ``(iv) The Arizona Desert Wilderness Act (6 
                        U.S.C. 460ddd et seq.).
                            ``(v) The Arizona-Idaho Conservation Act of 
                        1988 (Public Law 100-696).
                            ``(vi) The Bald and Golden Eagle Protection 
                        Act (16 U.S.C. 668 et seq.).
                            ``(vii) The Clean Air Act (42 U.S.C. 7401 
                        et seq.).
                            ``(viii) The Clean Water Act (33 U.S.C. 
                        1151 et seq.).
                            ``(ix) The Coastal Zone Management Act (16 
                        U.S.C. 1451 et seq.).
                            ``(x) The Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.).
                            ``(xi) The Endangered Species Act (16 
                        U.S.C. 1531 et seq.).
                            ``(xii) The Farmland Protection Policy Act 
                        (7 U.S.C. 4201 et seq.).
                            ``(xiii) The Federal Cave Resources 
                        Protection Act of 1988 (16 U.S.C. 4301 et 
                        seq.).
                            ``(xiv) The Federal Grant and Cooperative 
                        Agreement Act of 1977 (31 U.S.C. 6301 et seq.).
                            ``(xv) The Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.).
                            ``(xvi) The Fish and Wildlife Coordination 
                        Act (16 U.S.C. 662 et seq.).
                            ``(xvii) The Migratory Bird Conservation 
                        Act of 1929 (16 U.S.C. 715 et seq.).
                            ``(xviii) The Migratory Bird Treaty Act (16 
                        U.S.C. 703 et seq.).
                            ``(xix) The Military Lands Withdrawal Act 
                        of 1999 (Public Law 106-65).
                            ``(xx) The Multiple-Use and Sustained-Yield 
                        Act of 1960 (16 U.S.C. 583 et seq.).
                            ``(xxi) The National Environmental Policy 
                        Act (Public Law 91-190).
                            ``(xxii) The National Fish and Wildlife Act 
                        of 1956 (16 U.S.C. 742a et seq.).
                            ``(xxiii) The National Forest Management 
                        Act of 1976 (16 U.S.C. 472a et seq.).
                            ``(xxiv) The National Historic Preservation 
                        Act (Public Law 89-665).
                            ``(xxv) The National Parks and Recreation 
                        Act of 1978 (Public Law 95-625).
                            ``(xxvi) The National Trails System Act (16 
                        U.S.C. 1241 et seq.).
                            ``(xxvii) The National Wildlife Refuge 
                        System Administration Act (16 U.S.C. 668dd et 
                        seq.).
                            ``(xxviii) The Native American Graves 
                        Protection and Repatriation Act (25 U.S.C. 3001 
                        et seq.).
                            ``(xxix) The Noise Control Act (42 U.S.C. 
                        4901 et seq.).
                            ``(xxx) The Otay Mountain Wilderness Act of 
                        1990 (Public Law 106-145).
                            ``(xxxi) The Paleontological Resources 
                        Preservation Act (16 U.S.C. 470aaa et seq.).
                            ``(xxxii) Section 10 of the Reclamation 
                        Project Act of 1939 (43 U.S.C. 387).
                            ``(xxxiii) The Religious Freedom 
                        Restoration Act (42 U.S.C. 2000bb-4 et seq.).
                            ``(xxxiv) The Resource Conservation and 
                        Recovery Act (42 U.S.C. 6901 et seq.).
                            ``(xxxv) The Rivers and Harbors Act of 1899 
                        (33 U.S.C. 403 et seq.).
                            ``(xxxvi) The Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.).
                            ``(xxxvii) The Sikes Act (16 U.S.C. 670a et 
                        seq.).
                            ``(xxxviii) The Small Business Act (15 
                        U.S.C. 631 et seq.).
                            ``(xxxix) The Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.).
                            ``(xl) The Wild and Scenic Rivers Act (16 
                        U.S.C. 1281 et seq.).
                            ``(xli) The Wild Horse and Burro Act (16 
                        U.S.C. 1331 et seq.).
                            ``(xlii) The Wilderness Act (16 U.S.C. 1131 
                        et seq.).
                            ``(xliii) Part 125 of title 13, Code of 
                        Federal Regulations.
                            ``(xliv) Sections 16.504, 16.505, 17.205, 
                        17.207, 22.404, 22.404-5, and 28.102-1 of title 
                        48, Code of Federal Regulations.
                            ``(xlv) Section 550 of title 40, United 
                        States Code.
                            ``(xlvi) Chapters 1003, 1005, 1007, 1009, 
                        1021, 3125, 3201, and 3203 of title 54, United 
                        States Code.
                            ``(xlvii) Division A of subtitle III of 
                        title 54, United States Code.
                            ``(xlviii) Sections 100101(a), 100751(a), 
                        102101 of title 54, United States Code.
                            ``(xlix) Sections 2304, 2304c, 2305, 2505a, 
                        and 2306a of title 10, United States Code.
                            ``(l) Title 41, United States Code.''.

SEC. 5. PROHIBITION AGAINST USE OF FUNDS TO IMPLEMENT OR ENFORCE 
              PRESIDENTIAL PROCLAMATION 10142.

    No funds, resources, or fees made available to the Secretary of 
Homeland Security, or to any other official of a Federal agency by any 
Act of Congress for any fiscal year, may be used to implement or 
enforce Presidential Proclamation 10142, issued on January 20, 2021.
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