(iv) in subparagraph (B), as so redes-
ignated— 
(I) by striking clause (i) and in-
serting the following: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary of Homeland 
Security shall, before constructing physical 
barriers in a specific area or region, con-
sult with the Secretary of the Interior, the 
Secretary of Agriculture, appropriate Fed-
eral, State, local, and Tribal 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 con-
structed. Nothing in this paragraph should 
be construed to limit the Secretary of 
Homeland Security’s authority to move 
forward with construction after consulta-
tion.’’; 
(II) by redesignating clause (ii) 
as clause (iii); and 
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(III) by inserting after clause (i), 
as amended, the following new clause: 
‘‘(ii) NOTIFICATION.—Not later than 
60 days after the consultation required 
under clause (i), the Secretary of Home-
land Security shall notify the Committees 
on the Judiciary of the House of Rep-
resentatives and of the Senate, the Com-
mittee on Homeland Security of the House 
of Representatives, and the Committee on 
Homeland Security and Governmental Af-
fairs of the Senate of the type of physical 
barriers, tactical infrastructure, or tech-
nology the Secretary has determined is 
most practical and effective to achieve situ-
ational awareness and operational control 
in a specific area or region and the other 
alternatives the Secretary considered be-
fore making such a determination.’’; and 
(v) by striking subparagraph (C), as 
so redesignated, and inserting the fol-
lowing: 
‘‘(C) LIMITATION
ON
REQUIREMENTS.— 
Notwithstanding subparagraph (A), nothing in 
this paragraph shall require the Secretary of 
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Homeland Security to install fencing, physical 
barriers, or roads in a particular location along 
the international border between the United 
States and Mexico, if the Secretary determines 
there is a pre-existing geographical barrier or 
pre-constructed, impenetrable wall. The Sec-
retary shall notify the Committees on the Judi-
ciary of the House of Representatives and the 
Senate, the Committee on Homeland Security 
of the House of Representatives, and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate of any decision not 
to install fencing in accordance with this provi-
sion within 30 days of such a determination 
being made.’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(ii) by striking ‘‘fences’’ and inserting 
‘‘physical barriers and roads’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
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(ii) by striking ‘‘additional fencing’’ 
and 
inserting 
‘‘physical 
barriers 
and 
roads’’; and 
(3) in subsection (c), 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 require-
ments the Secretary, in the Secretary’s sole discre-
tion, determines necessary to ensure the expeditious 
design, testing, construction, installation, deploy-
ment, operation, and maintenance of physical bar-
riers, roads, and technology under this section. Any 
such decision by the Secretary shall be effective 
upon publication in the Federal Register.’’. 
(b) ACHIEVING OPERATIONAL CONTROL
ON
THE 
BORDER.—Subsection (a) of section 2 of the Secure Fence 
Act of 2006 (8 U.S.C. 1701 note) is amended, in the mat-
ter preceding paragraph (1), by striking ‘‘18 months after 
the date of the enactment of this Act’’ and inserting ‘‘De-
cember 31, 2025’’. 
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SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PA-
TROL. 
(a) IN GENERAL.—Section 7 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 207) is amended by 
adding at the end the following: 
‘‘(r) EMPLOYMENT AS A BORDER PATROL AGENT.— 
No public agency shall be deemed to have violated sub-
section (a) with respect to the employment of any Border 
Patrol agent (as defined in section 5550 of title 5, United 
States Code) if, during a work period of 14 consecutive 
days, the Border Patrol agent receives compensation at 
a rate that is not less than 150 percent of the regular 
rate at which the agent is employed for all hours of work 
from 80 hours to 100 hours. Payments required under this 
section shall be in addition to any payments made under 
such section, and shall be made notwithstanding any pay 
limitations set forth in such title.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 13(a) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 213(a)) is amended by striking paragraph (18) 
and redesignating paragraph (19) as paragraph (18). 
SEC. 8. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of this Act, or an amendment made by this 
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Act, or the application of such provision to other persons 
or circumstances, shall not be affected. 
Æ 
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