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) Definitions In this section: (1) Department The term Department (2) Physical barriers The term physical barriers (3) Secretary The term Secretary (4) Tactical infrastructure; technology The terms tactical infrastructure technology (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 (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. 3. 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 (1) in subsection (a), by striking to install (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 to gain 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 appropriate Federal agency partners, appropriate representatives of Federal, State, Tribal, and local governments, and appropriate private (bb) by striking fencing is physical barriers are (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: (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 and shall commence construction of fences 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 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 (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; and (H) other border detection, communication, and surveillance technology. (8) Unmanned aircraft system The term unmanned aircraft system . (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 4. 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 (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 (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 Committee on Homeland Security and Governmental Affairs of the Senate (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 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. 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. 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 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. 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. (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. Paleontological Resources Preservation Act (xxxi) section 10 of the Act of August 4, 1939 ( 43 U.S.C. 387 Reclamation Project Act of 1939 (xxxii) the Act of March 3, 1899 (30 Stat. 1121, chapter 425; ( 33 U.S.C. 403 et seq. 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. 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. 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 technology Public Law 104–208 8 U.S.C. 1103 . (b) Clerical amendment The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General. . 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 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).

Summary: Build the Wall Now Act This bill resumes the construction of, and modifies the requirements for, a physical barrier along the U.S.-Mexico border. Specifically, the Department of Homeland Security (DHS) must, within one day of the bill's enactment, resume any project related to the construction of such barriers (and any related infrastructure), and DHS may not cancel any contracts related to such construction that were entered into on or before January 20, 2021. Additionally, funds already appropriated for such construction must remain available until expended. The bill also modifies the requirements for the physical barriers along the southern border and requires DHS to consult with the labor organization representing border patrol agents about the safety and effectiveness of the agents deployed in the vicinity of the barriers. Finally, the bill exempts these construction projects from certain legal requirements, including requirements stemming from the Administrative Procedure Act, the Clean Air Act, the Clean Water Act, and the federal laws regarding public contracts.