Sec. 102. Strengthening the requirements for barriers along the southern border
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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 the detection of illegal entrants) to construct, install, deploy, operate, and maintain tactical infrastructure and border technology in the vicinity of the United States border to 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 the most practical and effective tactical infrastructure available along the United States border for achieving situational awareness and operational control. In this subparagraph, the term tactical infrastructure includes— boat ramps, access gates, forward operating bases, checkpoints, lighting, and roads, and physical barriers (including fencing, border wall system, and levee walls). ; and in subparagraph (C), by amending clause
(i)to read as follows: In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, Governors of each State on the Southern land border and Northern land border, other States, local governments, Indian tribes, representatives of U.S. Border Patrol and U.S. Customs and Border Protection, relevant Federal, State, local, and tribal agencies that have jurisdiction over the Southern land border, or in the maritime environment, and private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life of the communities and residents located near the sites at which physical barriers and tactical infrastructure is to be constructed. ; 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 may not construct reinforced fencing, or tactical infrastructure, as the case may be, that would, in any manner, impede or negatively affect the safety of any officer or agent of the Department of Homeland Security or 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 of Homeland Security, 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 of Homeland Security shall be effective upon publication in the Federal Register. ; and by striking subsection
(d)and inserting the following: Not later than January 20, 2021, the Secretary of Homeland Security, in carrying out subsection (a), shall deploy the most practical and effective technology available along the United States border for achieving situational awareness and operational control of the border. In this subsection, the term technology includes border surveillance and detection technology, including— radar surveillance systems; Vehicle and Dismount Exploitation Radars (VADER); 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology; sensors; unmanned cameras; and man-portable and mobile vehicle-mounted unmanned aerial vehicles. In this section: The term high traffic areas means sectors along the northern, southern, or coastal border that— are within the responsibility of U.S. Customs and Border Protection; and have significant unlawful cross-border activity. The term situational awareness has the meaning given the term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ). .
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- Pub. L. 104-208
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Sec. 102
Strengthening the requirements for barriers along the southern border
Pub. L.Pub. L. 104-208
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