Build the Wall Now Act

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. 1. Short title This Act may be cited as the Build the Wall Now Act 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 (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 (2) Tactical infrastructure The term tactical infrastructure (3) Technology The term technology (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. 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 (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 Physical Barriers (B) in paragraph (1)— (i) in subparagraph (A)— (I) by striking subsection (a) this section (II) by striking roads, lighting, cameras, and sensors tactical infrastructure, and technology (III) by striking gain 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 (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 Secretary of Homeland Security (ii) by striking this subsection this section (iii) by striking construction of fences 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 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 (2) High traffic areas The term high traffic areas (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 Public Law 109–367 8 U.S.C. 1701 (4) Physical barriers The term physical barriers (5) Situational awareness The term situational awareness Public Law 114–328 6 U.S.C. 223(a)(7) (6) Tactical infrastructure The term tactical infrastructure (7) Technology The term technology (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 . 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 (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. . 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.

Summary: Build the Wall Now Act This bill addresses issues related to the construction of a barrier along the U.S.-Mexico border, such as (1) requiring the Department of Homeland Security to resume any project related to the construction of such a barrier (and any related infrastructure); and (2) exempting such construction projects from various legal requirements, including requirements stemming from the Administrative Procedure Act, the Clean Air Act, and the Clean Water Act.