Sec. 103. 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 detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the southwest border to achieve situational awareness and operational control of the southwest border and deter, impede, and detect unlawful activity. ; in subsection (b)— in the subsection heading, by striking and inserting fencing and road improvements ; physical barriers in paragraph (1)— in the heading, by striking and inserting fencing ; barriers by amending subparagraph

(A)to read as follows: In carrying out this section, the Secretary of Homeland Security shall construct a border wall, including physical barriers, tactical infrastructure, and technology, along not fewer than 900 miles of the southwest border until situational awareness and operational control of the southwest border is achieved. ; by amending subparagraph

(B)to read as follows: In carrying out this section, the Secretary of Homeland Security shall deploy along the southwest border the most practical and effective physical barriers, tactical infrastructure, and technology available for achieving situational awareness and operational control of the southwest border. ; 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, appropriate representatives of State, Tribal, and local governments, and appropriate private property owners in the United States to minimize the impact on natural resources, commerce, and sites of historical or cultural significance for the communities and residents located near the sites at which physical barriers, tactical infrastructure, and technology are to be constructed. Such consultation may not delay such construction for longer than seven days. ; 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, tactical infrastructure, and technology ; by amending paragraph

(3)to read as follows: In carrying out this section, the Secretary of Homeland Security, when designing, testing, constructing, installing, deploying, integrating, and operating physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, test, construction, installation, deployment, integration, or operation 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 and 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 waive all legal requirements necessary to ensure the expeditious design, testing, construction, installation, deployment, integration, operation, and maintenance of the physical barriers, tactical infrastructure, and technology under this section. The Secretary shall ensure the maintenance and effectiveness of such physical barriers, tactical infrastructure, or technology. Any such action 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 seven days after the date on which the Secretary of Homeland Security exercises a waiver pursuant to 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: In carrying out this section, the Secretary of Homeland Security shall deploy along the southwest border the most practical and effective technology available for achieving situational awareness and operational control. 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 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, the border wall, 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 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 aircraft systems. Tunnel detection systems and other seismic technology. Fiber-optic cable. 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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