Sec. 3. Improving 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 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 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 and Road Improvements ; Physical Barriers in paragraph (1)— in subparagraph (A)— by striking subsection

(a)and inserting this section ; by striking roads, lighting, cameras, and sensors and inserting tactical infrastructure, and technology ; and by striking gain and inserting achieve situational awareness and ; by amending subparagraph

(B)to read as follows: 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. ; in subparagraph (C)— by amending clause

(i)to read as follows: 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 constructed. ; and in clause (ii)— in subclause (I), by striking or after the semicolon at the end; by amending subclause

(II)to read as follows: 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 domain, or to otherwise affect the eminent domain laws of the United States or of any State; or ; and by adding at the end the following new subclause: create any right or liability for any party. ; and by striking subparagraph (D); in paragraph (2)— by striking Attorney General and inserting Secretary of Homeland Security ; by striking this subsection and inserting this section ; and by striking construction of fences and inserting the construction of physical barriers ; by amending paragraph

(3)to read as follows: In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, 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 vicinity of such physical barriers, tactical infrastructure, or technology. ; and in paragraph (4), by striking this subsection and inserting this section ; in subsection (c)— by amending paragraph

(1)to read as follows: Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements 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. Such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers, tactical infrastructure, or technology. Any such decision by the Secretary shall be effective upon publication in the Federal Register. ; by redesignating paragraph

(2)as paragraph (3); and by inserting after paragraph

(1)the following new paragraph: Not later than 7 days after the date on which the Secretary of Homeland Security exercises the waiver authority under paragraph (1), the Secretary 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 such waiver. ; and by adding at the end the following new subsections: The Secretary of Homeland Security, in carrying out this section, 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 advanced unattended surveillance sensors means sensors that utilize an onboard computer to analyze detections in an effort to discern between vehicles, humans, and animals, and ultimately filter false positives prior to transmission. 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, as determined by the Secretary of Homeland Security. The term operational 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). The term physical barriers includes reinforced fencing, border barrier system, and levee walls. 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 ; 6 U.S.C. 223(a)(7) ). The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads. The term technology means border surveillance and detection technology, and includes 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 aircraft systems. Other border detection, communication, and surveillance technology. The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code. .

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