Be it enacted by the Senate and House of Representa-
tives 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 BOR-
DER. 
(a) DEFINITIONS.—In this section: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(2) PHYSICAL BARRIERS.—The term ‘‘physical 
barriers’’ has the meaning given such term in sec-
tion 102(e) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, as added by 
section 3(5) of this Act. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(4) 
TACTICAL
INFRASTRUCTURE; 
TECH-
NOLOGY.—The terms ‘‘tactical infrastructure’’ and 
‘‘technology’’ have the meanings given such terms in 
section 102(e) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996, as added 
by section 3(5) of this Act. 
(b) IN GENERAL.— 
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(1) IMMEDIATE RESUMPTION OF BORDER BAR-
RIER 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 ap-
propriated or explicitly obligated for the construction 
of the border barrier system on or after October 1, 
2016. 
(c) UPHOLD NEGOTIATED AGREEMENTS.—The Sec-
retary 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 govern-
ment, private citizen, or other stakeholder are honored by 
the Department relating to current and future construc-
tion of the border barrier system in accordance with such 
agreements. 
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(d) AVAILABILITY OF FUNDS.—Notwithstanding any 
other provision of law, any amount appropriated or other-
wise 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 ex-
pended. 
(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), 
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 con-
struction, including adaptations based on con-
sultation with jurisdictions within which barrier 
system will be constructed; and 
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(2) are constructed in the highest priority loca-
tions as identified in the Border Security Improve-
ment Plan. 
SEC. 3. IMPROVING THE REQUIREMENTS FOR BARRIERS 
ALONG THE SOUTHERN BORDER. 
(a) IN GENERAL.—Section 102 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104–208; 8 U.S.C. 1103 note) 
is amended— 
(1) in subsection (a), by striking ‘‘to install’’ 
and all that follows and inserting ‘‘(including the re-
moval 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 bor-
der 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 in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
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(I) by striking ‘‘subsection (a)’’ 
and inserting ‘‘this section’’; and 
(II) by striking ‘‘roads, lighting, 
cameras, and sensors to gain’’ and in-
serting ‘‘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 Sec-
retary of the Interior, the Sec-
retary of Agriculture, States, 
local governments, Indian tribes, 
and’’ and inserting ‘‘appropriate 
Federal agency partners, appro-
priate representatives of Federal, 
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State, Tribal, and local govern-
ments, and appropriate private’’; 
and 
(bb) by striking ‘‘fencing is’’ 
and inserting ‘‘physical barriers 
are’’; 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 do-
main, or to otherwise affect the emi-
nent 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); 
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(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(ii) by striking ‘‘this subsection and 
shall commence construction of fences’’ 
and inserting ‘‘this section and shall com-
mence the construction of physical bar-
riers’’; 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, constructing, and deploying physical bar-
riers, tactical infrastructure, or technology, shall in-
corporate such safety features into such design, con-
struction, or deployment of such physical barriers, 
tactical infrastructure, or technology, as the case 
may be, that the Secretary determines, in consulta-
tion 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 
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physical barriers, tactical infrastructure, or tech-
nology.’’; and 
(E) in paragraph (4), by striking ‘‘this 
subsection’’ and inserting ‘‘this section’’; 
(3) by striking subsection (c); 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) TECHNOLOGY.—In carrying out this section, the 
Secretary of Homeland Security shall deploy along the 
United States border the most practical and effective tech-
nology 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 surveil-
lance sensors’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately 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 
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‘‘(B) have significant unlawful cross-border 
activity, as determined by the Secretary of 
Homeland Security. 
‘‘(3) OPERATIONAL CONTROL.—The term ‘oper-
ational 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, the border bar-
rier system, and levee walls. 
‘‘(5) SITUATIONAL AWARENESS.—The term ‘sit-
uational 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, 
including— 
‘‘(A) tower-based surveillance technology; 
‘‘(B) deployable, lighter-than-air ground 
surveillance equipment; 
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‘‘(C) Vehicle and Dismount Exploitation 
Radars (VADER); 
‘‘(D) 3-dimensional, seismic acoustic detec-
tion 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, communica-
tion, and surveillance technology. 
‘‘(8) UNMANNED AIRCRAFT SYSTEM.—The term 
‘unmanned aircraft system’ has the meaning given 
such term in section 44801(12) of title 49, United 
States Code.’’. 
(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 Pub-
lic Law 104–208; 8 U.S.C. 1103 note) that was published 
in the Federal Register before the date of the enactment 
of this Act shall not be affected by the amendment made 
by subsection (a). 
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SEC. 4. RECODIFYING THE SECRETARY OF HOMELAND SE-
CURITY’S WAIVER AUTHORITY; ADDING PRE-
VIOUSLY WAIVED LEGAL REQUIREMENTS. 
(a) IN GENERAL.—Section 103 of the Immigration 
and Nationality Act (8 U.S.C. 1103) is amended by add-
ing at the end the following: 
‘‘(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 require-
ments 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 Respon-
sibility Act of 1996 (division C of Public Law 104– 
208; 8 U.S.C. 1103 note). Such waiver authority 
shall also apply with respect to any maintenance car-
ried out on such physical barriers, tactical infra-
structure, or technology. Any such decision by the 
Secretary shall be effective upon publication in the 
Federal Register. 
‘‘(2) NOTIFICATION.—Not later than 7 days 
after the date on which the Secretary of Homeland 
Security exercises the waiver authority under para-
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graph (1), the Secretary shall notify the Committee 
on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate of such waiver. 
‘‘(3) FEDERAL COURT REVIEW.— 
‘‘(A) IN GENERAL.—The district courts of 
the United States shall have exclusive jurisdic-
tion to hear all causes or claims arising from 
any action undertaken, or any decision made, 
by the Secretary of Homeland Security pursu-
ant 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 sub-
paragraph (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
RE-
VIEW.—An interlocutory or final judgment, de-
cree, or order of the district court may be re-
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viewed only upon petition for a writ of certio-
rari to the Supreme Court of the United States. 
‘‘(4) PREVIOUSLY
WAIVED
LEGAL
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—Any project relating 
to the construction of physical barriers, tactical 
infrastructure, and technology along the inter-
national border between the United States and 
Mexico shall be exempt from any law or regula-
tion referred to in subparagraph (B). 
‘‘(B) ELEMENTS.—The laws and regula-
tions 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 of title 5, United States Code 
(commonly known as the ‘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.) (commonly known as 
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the ‘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.) (com-
monly known as the ‘Clean Water Act’); 
‘‘(viii) the Coastal Zone Management 
Act (16 U.S.C. 1451 et seq.); 
‘‘(ix) the Comprehensive Environ-
mental Response, Compensation, and Li-
ability 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 of title 31, United 
States Code (originally enacted as the 
‘Federal Grants and Cooperative Agree-
ments Act of 1977’); 
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‘‘(xiv) the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 
et seq.); 
‘‘(xv) the Fish and Wildlife Coordina-
tion Act (16 U.S.C. 662 et seq.); 
‘‘(xvi) the Migratory Bird Conserva-
tion 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 With-
drawal Act of 1999 (title XXX of Public 
Law 106–65); 
‘‘(xix) the Act of June 12, 1960 (Pub-
lic Law 86–517; 16 U.S.C. 528 et seq.) 
(commonly known as the ‘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 Manage-
ment Act of 1976 (16 U.S.C. 472a et 
seq.); 
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‘‘(xxiii) the National Historic Preser-
vation Act (16 U.S.C. 470 et seq.); 
‘‘(xxiv) the National Parks and Recre-
ation 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.) (com-
monly known as the ‘Paleontological Re-
sources Preservation Act’); 
‘‘(xxxi) section 10 of the Act of Au-
gust 4, 1939 (43 U.S.C. 387) (commonly 
known as the ‘Reclamation Project Act of 
1939’); 
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‘‘(xxxii) the Act of March 3, 1899 (30 
Stat. 1121, chapter 425; (33 U.S.C. 403 et 
seq.) (commonly known as the ‘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.) (commonly known 
as the ‘Resource Conservation and Recov-
ery 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.) (commonly 
known as the ‘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; 
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‘‘(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 Reg-
ulations. 
‘‘(5) DEFINITIONS.—In this subsection, the 
terms ‘physical barriers’, ‘tactical infrastructure’, 
and ‘technology’ have the meanings given such terms 
in section 102(e) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division 
C of Public Law 104–208; 8 U.S.C. 1103 note).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act (8 U.S.C. 1101 
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et seq.) is amended by striking the item relating to section 
103 and inserting the following: 
‘‘Sec. 103. Powers and duties of the Secretary, the Under Secretary, and the 
Attorney General.’’. 
SEC. 5. PROHIBITION AGAINST USE OF FUNDS TO IMPLE-
MENT OR ENFORCE PRESIDENTIAL PROCLA-
MATION 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 Presi-
dential Proclamation 10142 of January 20, 2021 (86 Fed. 
Reg. 7225). 
Æ 
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