[Congressional Record Volume 169, Number 51 (Tuesday, March 21, 2023)]
[Senate]
[Pages S872-S874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 31. Mr. BUDD submitted an amendment intended to be proposed by him
to the bill S. 316, to repeal the authorizations for use of military
force against Iraq; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 3. SHORT TITLE.
Sections 3 through 7 of this Act may be cited as the
``Build the Wall Now Act''.
SEC. 4. RESUME CONSTRUCTION OF BARRIERS AND ROADS ALONG
UNITED STATES AND MEXICO BORDER.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Physical barriers.--The term ``physical barriers'' has
the meaning given such term in section 102(e) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996,
as added by section 5(5) of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Tactical infrastructure; technology.--The terms
``tactical infrastructure'' and ``technology'' have the
meanings given such terms in section 102(e) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996,
as added by section 5(5) of this Act.
(b) In General.--
(1) Immediate resumption of border barrier construction.--
Not later than 1 day after the date of the enactment of this
Act, the Secretary shall resume all projects 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 that were appropriated or explicitly
obligated for the construction of the border barrier system
on or after October 1, 2016.
(c) Uphold Negotiated Agreements.--The Secretary shall
ensure that all agreements entered into before January 20,
2021, that were executed in writing between the Department
and any State, local, or Tribal government, private citizen,
or other stakeholder are honored by the Department relating
to current and future construction of the border barrier
system in accordance with such agreements.
(d) Availability of Funds.--Notwithstanding any other
provision of law, any amount appropriated or otherwise made
available during fiscal year 2018, 2019, 2020, or 2021 for
any project relating to the construction of physical
barriers, tactical infrastructure, and technology along the
southern border shall remain available until expended.
(e) Use of Funds.--Any amounts appropriated or otherwise
made available for fiscal year 2021 that remain available
pursuant to subsection (d) may only be used 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.
SEC. 5. IMPROVING THE REQUIREMENTS FOR BARRIERS ALONG THE
SOUTHERN BORDER.
(a) In General.--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) in subsection (a), by striking ``to install'' and all
that follows and inserting ``(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''; and
(II) by striking ``roads, lighting, cameras, and sensors to
gain'' and inserting ``tactical infrastructure, and
technology to 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) in clause (i)--
(aa) by striking ``the Secretary of the Interior, the
Secretary of Agriculture, States, local governments, Indian
tribes, and'' and inserting ``appropriate Federal agency
partners, appropriate representatives of Federal,
[[Page S873]]
State, Tribal, and local governments, and appropriate
private''; and
(bb) by striking ``fencing is'' and inserting ``physical
barriers are''; 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:
``(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''; and
(ii) by striking ``this subsection and shall commence
construction of fences'' and inserting ``this section and
shall commence 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, in consultation with
the labor organization representing agents of U.S. Border
Patrol, 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) by striking subsection (c);
(4) by inserting after subsection (b) the following:
``(c) Technology.--In carrying out this section, the
Secretary of Homeland Security shall deploy along the United
States border the most practical and effective technology
available for achieving situational awareness and operational
control of the border.''; and
(5) by adding at the end the following:
``(e) 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, the 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, including--
``(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; and
``(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(12) of title 49, United States Code.''.
(b) Existing Waivers Not Affected.--A waiver issued by the
Secretary of Homeland Security pursuant to 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) that was published in the Federal Register before the
date of the enactment of this Act shall not be affected by
the amendment made by subsection (a).
SEC. 6. RECODIFYING THE SECRETARY OF HOMELAND SECURITY'S
WAIVER AUTHORITY; ADDING PREVIOUSLY WAIVED
LEGAL REQUIREMENTS.
(a) In General.--Section 103 of the Immigration and
Nationality Act (8 U.S.C. 1103) is amended by adding at the
end the following:
``(h) Waiver Authority.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements that 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 and 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). 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.
``(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.
``(3) Federal court review.--
``(A) In general.--The district courts of the United States
shall have exclusive jurisdiction to hear all causes or
claims arising from any action undertaken, or any decision
made, by the Secretary of Homeland Security pursuant to
paragraph (1). A cause of action or claim may only be brought
alleging a violation of the Constitution of the United
States. The court shall not have jurisdiction to hear any
claim not specified in this subparagraph.
``(B) Time for filing of complaint.--Any cause or claim
brought pursuant to subparagraph (A) shall be filed not later
than 60 days after the date of the action or decision made by
the Secretary of Homeland Security. A claim shall be barred
unless it is filed within the time specified.
``(C) Ability to seek appellate review.--An interlocutory
or final judgment, decree, or order of the district court may
be reviewed only upon petition for a writ of certiorari to
the Supreme Court of the United States.
``(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 referred to
in subparagraph (B).
``(B) Elements.--The laws and regulations referred to in
this subparagraph are--
``(i) an Act to facilitate the work of the Forest Service
(Public Law 87-869);
``(ii) subchapter II of chapter 5 and chapter 7 of title 5,
United States Code (commonly known as the `Administrative
Procedure Act');
``(iii) the Arizona Desert Wilderness Act (6 U.S.C. 460ddd
et seq.);
``(iv) the Arizona-Idaho Conservation Act of 1988 (Public
Law 100-696);
``(v) the Act of June 8, 1940 (16 U.S.C. 668 et seq.)
(commonly known as the `Bald and Golden Eagle Protection
Act');
``(vi) the Clean Air Act (42 U.S.C. 7401 et seq.);
``(vii) the Federal Water Pollution Control Act (33 U.S.C.
1151 et seq.) (commonly known as the `Clean Water Act');
``(viii) the Coastal Zone Management Act (16 U.S.C. 1451 et
seq.);
``(ix) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
``(x) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(xi) the Farmland Protection Policy Act (7 U.S.C. 4201 et
seq.);
``(xii) the Federal Cave Resources Protection Act of 1988
(16 U.S.C. 4301 et seq.);
``(xiii) chapter 63 of title 31, United States Code
(originally enacted as the `Federal Grants and Cooperative
Agreements Act of 1977');
``(xiv) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
``(xv) the Fish and Wildlife Coordination Act (16 U.S.C.
662 et seq.);
``(xvi) the Migratory Bird Conservation Act of 1929 (16
U.S.C. 715 et seq.);
``(xvii) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
``(xviii) the Military Lands Withdrawal Act of 1999 (title
XXX of Public Law 106-65);
``(xix) the Act of June 12, 1960 (Public Law 86-517; 16
U.S.C. 528 et seq.) (commonly known as the `Multiple-Use and
Sustained-Yield Act of 1960');
``(xx) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(xxi) the National Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.);
``(xxii) the National Forest Management Act of 1976 (16
U.S.C. 472a et seq.);
``(xxiii) the National Historic Preservation Act (16 U.S.C.
470 et seq.);
``(xxiv) the National Parks and Recreation Act of 1978
(Public Law 95-625);
``(xxv) the National Trails System Act (16 U.S.C. 1241 et
seq.);
``(xxvi) the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.);
``(xxvii) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
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``(xxviii) the Noise Control Act of 1972 (42 U.S.C. 4901 et
seq.);
``(xxix) the Otay Mountain Wilderness Act of 1999 (Public
Law 106-145);
``(xxx) subtitle D of title VI of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 470aaa et seq.) (commonly
known as the `Paleontological Resources Preservation Act');
``(xxxi) section 10 of the Act of August 4, 1939 (43 U.S.C.
387) (commonly known as the `Reclamation Project Act of
1939');
``(xxxii) the Act of March 3, 1899 (30 Stat. 1121, chapter
425; (33 U.S.C. 403 et seq.) (commonly known as the `Rivers
and Harbors Act of 1899');
``(xxxiii) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
``(xxxiv) the Sikes Act (16 U.S.C. 670 et seq.);
``(xxxv) the Small Business Act (15 U.S.C. 631 et seq.);
``(xxxvi) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) (commonly known as the `Resource Conservation and
Recovery Act of 1976');
``(xxxvii) the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.);
``(xxxviii) the Act of December 15, 1971 (16 U.S.C. 1331 et
seq.) (commonly known as the `Wild Free-Roaming Horses and
Burros Act of 1971');
``(xxxix) the Wilderness Act (16 U.S.C. 1131 et seq.);
``(xl) sections 2304, 2304c, 2305, 2505a, and 2306a of
title 10, United States Code;
``(xli) section 550 of title 40, United States Code;
``(xlii) title 41, United States Code;
``(xliii) sections 100101(a), 100751(a), and 102101 of
title 54, United States Code;
``(xliv) chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201,
and 3203 of title 54, United States Code;
``(xlv) division A of subtitle III of title 54, United
States Code;
``(xlvi) part 125 of title 13, Code of Federal Regulations;
and
``(xlvii) 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.
``(5) Definitions.--In this subsection, the terms `physical
barriers', `tactical infrastructure', and `technology' have
the meanings given such terms in section 102(e) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103
note).''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Powers and duties of the Secretary, the Under Secretary,
and the Attorney General.''.
SEC. 7. 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
any Federal agency by any Act of Congress for any fiscal
year, may be used to implement or enforce Presidential
Proclamation 10142 of January 20, 2021 (86 Fed. Reg. 7225).
______