Sec. 111. Strengthening the requirements for barriers along the southern border

857 words·~4 min read·/bill/115/hr/3548/rh/section-111

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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 note) is amended— by amending subsection

(a)to read as follows: The Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to construct, install, deploy, operate, and maintain 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. ; in subsection (b)— in the subsection heading, by striking and inserting fencing ; physical barriers in paragraph (1)— in subparagraph (A), by inserting situational awareness and before operational control ; and by amending subparagraph

(B)to read as follows: Not later than January 20, 2021, the Secretary of Homeland Security, in carrying out subsection (a), shall deploy along the United States border the most practical and effective tactical infrastructure available for achieving situational awareness and operational control of the border. The deployment of tactical infrastructure under this subparagraph shall not apply in areas along the border where natural terrain features, natural barriers, or the remoteness of such area would make deployment ineffective, as determined by the Secretary, for the purposes of gaining situational awareness or operational control of such areas. ; and in subparagraph (C)— by amending clause

(i)to read as follows: In carrying out this section, the Secretary of Homeland Security shall, before deploying tactical infrastructure in a specific area or region, consult with the Secretary of the Interior, the Secretary of Agriculture, the Governors for each State on the southern land border and northern land border, other States, local governments, Indian tribes, representatives of the U.S. Border Patrol and U.S. Customs and Border Protection, relevant Federal, State, local, and tribal agencies that have jurisdiction on the southern land border or in the maritime environment along the southern border, and private property owners in the United States to minimize the impact on the environment, culture, commerce, quality of life for the communities and residents located near the sites at which physical barriers, tactical infrastructure, and technology are to be constructed. ; by redesignating clause

(ii)as clause (iii); and by inserting after clause (i), as amended, the following new clause: Not later than 60 days after the consultation required under clause (i), the Secretary of Homeland Security 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 the type of tactical infrastructure and technology the Secretary has determined is most practical and effective to achieve operational control and situational awareness in a specific area and the other alternatives the Secretary considered before making such a determination. ; in paragraph (2)— by striking Attorney General and inserting Secretary of Homeland Security ; and by striking construction of fences and inserting the construction of physical barriers ; and by amending paragraph

(3)to read as follows: In carrying out this section, the Secretary of Homeland Security, when constructing tactical infrastructure, shall incorporate such safety features into the design of such tactical infrastructure that the Secretary determines, in the Secretary’s sole discretion, are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency. ; in subsection (c), by amending paragraph

(1)to read as follows: Notwithstanding any other provision of law, the Secretary of Homeland Security is authorized to waive all legal requirements the Secretary, in the Secretary’s sole discretion, determines necessary to ensure the expeditious construction, installation, operation, and maintenance of the tactical infrastructure and technology under this section. Any such decision by the Secretary shall be effective upon publication in the Federal Register. ; and by adding after subsection

(d)the following new subsections: Not later than January 20, 2021, the Secretary of Homeland Security, in carrying out subsection (a), shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational control of the border. In this section: The term high traffic areas means areas in the vicinity of the United States border that— are within the responsibility of U.S. Customs and Border Protection; and have significant unlawful cross-border activity. The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note; Public Law 109–367 ). The term situational 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 ). The term tactical infrastructure means— boat ramps, access gates, checkpoints, lighting, and roads; and physical barriers (including fencing, border wall system, and levee walls). The term technology includes border surveillance and detection technology, including the following: Tower-based surveillance technology. Deployable, lighter-than-air ground surveillance equipment. Vehicle and Dismount Exploitation Radars (VADER). 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology. Advanced unattended surveillance sensors. Mobile vehicle-mounted and man-portable surveillance capabilities. Unmanned aerial vehicles. .

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