[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S708-S709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1505. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. STRENGTHENING 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 southwest border to achieve situational 
     awareness and operational control of the southwest border and 
     deter, impede, and detect unlawful activity.'';
       (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 the heading, by striking ``fencing'' and inserting 
     ``barriers'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) Reinforced barriers.--In carrying out this section, 
     the Secretary of Homeland Security shall construct a border 
     wall, including physical barriers, tactical infrastructure, 
     and technology, along not fewer than 900 miles of the 
     southwest border until situational awareness and operational 
     control of the southwest border is achieved.'';
       (iii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--In 
     carrying out this section, the Secretary of Homeland Security 
     shall deploy along the southwest border the most practical 
     and effective physical barriers, tactical infrastructure, and 
     technology available for achieving situational awareness and 
     operational control of the southwest border.'';
       (iv) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of State, Tribal, and local 
     governments, and appropriate private property owners in the 
     United States to minimize the impact on natural resources, 
     commerce, and sites of historical or cultural significance 
     for the communities and residents located near the sites at 
     which physical barriers, tactical infrastructure, and 
     technology are to be constructed. Such consultation may not 
     delay such construction for longer than seven days.''; 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

       (v) 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, tactical 
     infrastructure, and technology'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, testing, 
     constructing, installing, deploying, integrating, and 
     operating physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into such 
     design, test, construction, installation, deployment, 
     integration, or operation 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 and 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 waive all legal 
     requirements necessary to ensure the expeditious design, 
     testing, construction, installation, deployment, integration, 
     operation, and maintenance of the physical barriers, tactical 
     infrastructure, and technology under this section. The 
     Secretary shall ensure the maintenance and effectiveness of 
     such physical barriers, tactical infrastructure, or 
     technology. Any such action 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 seven days after the 
     date on which the Secretary of Homeland Security exercises a 
     waiver pursuant to 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.--In carrying out this section, the 
     Secretary of Homeland Security shall deploy along the 
     southwest border the most practical and effective technology 
     available for achieving situational awareness and operational 
     control.
       ``(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) 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).
       ``(3) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, the border wall, and levee 
     walls.
       ``(4) 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)).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps,

[[Page S709]]

     access gates, checkpoints, lighting, and roads.
       ``(6) Technology.--The term `technology' includes border 
     surveillance and detection technology, including 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) Tunnel detection systems and other seismic 
     technology.
       ``(I) Fiber-optic cable.
       ``(J) Other border detection, communication, and 
     surveillance technology.
       ``(7) Unmanned aircraft system.--The term `unmanned 
     aircraft system' has the meaning given such term in section 
     44801 of title 49, United States Code.''.
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