[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.);

[[Page S874]]

       ``(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).
                                 ______