[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S798-S800]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1584. Mr. LEE (for Mr. Budd) submitted an amendment intended to be 
proposed by Mr. Lee 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:

                 Subtitle __--Improving Border Security

     SEC. __1. RESUMING CONSTRUCTION OF BARRIERS AND ROADS ALONG 
                   THE SOUTHWEST BORDER.

       (a) 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, including--

[[Page S799]]

       (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.
       (b) 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, before 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 use beginning on or after October 1, 2016, for the 
     construction of the border barrier system.
       (c) Uphold Negotiated Agreements.--The Secretary of 
     Homeland Security shall ensure that all written agreements 
     relating to current or future construction of the border 
     barrier system in which the Department of Homeland Security 
     is a party are honored by the Department in accordance with 
     the terms of such agreements.

     SEC. __2. 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, 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.''.

     SEC. __3. CODIFYING PREVIOUSLY WAIVED LEGAL REQUIREMENTS.

       Section 102(c) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996, as amended by section 
     __2(a)(3), is further amended by adding at the end the 
     following:
       ``(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).

[[Page S800]]

       ``(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 Resource Conservation and Recovery Act (42 
     U.S.C. 6901 et seq.).
       ``(xxxiv) The Rivers and Harbors Act of 1899 (33 U.S.C. 403 
     et seq.).
       ``(xxxv) The Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.).
       ``(xxxvi) The Sikes Act (16 U.S.C. 670a et seq.).
       ``(xxxvii) The Small Business Act (15 U.S.C. 631 et seq.).
       ``(xxxviii) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.).
       ``(xxxix) The Wild and Scenic Rivers Act (16 U.S.C. 1281 et 
     seq.).
       ``(xl) The Wild Horse and Burro Act (16 U.S.C. 1331 et 
     seq.).
       ``(xli) The Wilderness Act (16 U.S.C. 1131 et seq.).
       ``(xlii) Part 125 of title 13, Code of Federal Regulations.
       ``(xliii) 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.
       ``(xliv) Section 550 of title 40, United States Code.
       ``(xlv) Chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201, 
     and 3203 of title 54, United States Code.
       ``(xlvi) Division A of subtitle III of title 54, United 
     States Code.
       ``(xlvii) Sections 100101(a), 100751(a), 102101 of title 
     54, United States Code.
       ``(xlviii) Sections 2304, 2304c, 2305, 2505a, and 2306a of 
     title 10, United States Code.
       ``(xlix) Title 41, United States Code.''.

     SEC. __4. PROHIBITION AGAINST USE OF FEDERAL 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 of January 20, 2021 (86 Fed. Reg. 7225).
                                 ______