[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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