I 
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 Com-
mittee on Homeland Security, and in addition to the Committees on Nat-
ural Resources, Energy and Commerce, Transportation and Infrastruc-
ture, 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 appro-
priated funds available for constructing such barrier until 
expended, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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) IN GENERAL.— 
(1) IMMEDIATE RESUMPTION OF BORDER BAR-
RIER
CONSTRUCTION.—Not later than 24 hours 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall resume any 
project relating to the construction of physical bar-
riers, 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. 
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(b) UPHOLD NEGOTIATED AGREEMENTS.—The Sec-
retary 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 con-
struction of the border barrier system as required by such 
agreements. 
(c) AVAILABILITY OF FUNDS.—Notwithstanding any 
other provision of law, each amount appropriated or other-
wise made available for any project relating to the con-
struction 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 con-
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struction, including adaptations based on con-
sultation with jurisdictions within which barrier 
system will be constructed; and 
(2) are constructed in the highest priority loca-
tions as identified in the Border Security Improve-
ment 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 Ra-
dars (VADER). 
(D) 3-dimensional, seismic acoustic detec-
tion and ranging border tunneling detection 
technology. 
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(E) Advanced unattended surveillance sen-
sors. 
(F) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(G) Unmanned aircraft systems. 
(H) Other border detection, communica-
tion, 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 Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) 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)— 
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(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘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 tech-
nology’’; and 
(III) by striking ‘‘gain’’ and in-
serting ‘‘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)— 
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(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 con-
structed.’’; 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-
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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 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 Se-
curity’’; 
(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 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, 
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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 vicin-
ity 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 require-
ments the Secretary determines necessary to ensure 
the expeditious design, testing, construction, instal-
lation, deployment, integration, and operation of the 
physical barriers, tactical infrastructure, and tech-
nology under this section. 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.’’; 
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