Sec. 4. Recodifying the Secretary of Homeland Security's waiver authority; adding previously waived legal requirements

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Section 103 of the Immigration and Nationality Act ( 8 U.S.C. 1103 ) is amended by adding at the end the following: Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements that 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 and 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).

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. 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.

The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subparagraph. Any cause or claim brought pursuant to subparagraph

(A)shall be filed not later than 60 days after the date of the action or decision made by the Secretary of Homeland Security. A claim shall be barred unless it is filed within the time specified. An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. Any project relating to the construction of physical barriers, tactical infrastructure, and technology along the international border between the United States and Mexico shall be exempt from any law or regulation referred to in subparagraph (B). The laws and regulations referred to in this subparagraph are— an Act to facilitate the work of the Forest Service ( Public Law 87–869 ); subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act ); the Arizona Desert Wilderness Act ( 6 U.S.C. 460ddd et seq. ); the Arizona-Idaho Conservation Act of 1988 ( Public Law 100–696 ); the Act of June 8, 1940 ( 16 U.S.C. 668 et seq. ) (commonly known as the Bald and Golden Eagle Protection Act ); the Clean Air Act ( 42 U.S.C. 7401 et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1151 et seq. ) (commonly known as the Clean Water Act ); the Coastal Zone Management Act ( 16 U.S.C. 1451 et seq. ); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the Farmland Protection Policy Act ( 7 U.S.C. 4201 et seq. ); the Federal Cave Resources Protection Act of 1988 ( 16 U.S.C. 4301 et seq. ); chapter 63 of title 31, United States Code (originally enacted as the Federal Grants and Cooperative Agreements Act of 1977 ); the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); the Fish and Wildlife Coordination Act ( 16 U.S.C. 662 et seq. ); the Migratory Bird Conservation Act of 1929 ( 16 U.S.C. 715 et seq. ); the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ); the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65 ); the Act of June 12, 1960 ( Public Law 86–517 ; 16 U.S.C. 528 et seq. ) (commonly known as the Multiple-Use and Sustained-Yield Act of 1960 ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the National Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ); the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. ); the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ); the National Parks and Recreation Act of 1978 ( Public Law 95–625 ); the National Trails System Act ( 16 U.S.C. 1241 et seq. ); the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ); the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ); the Noise Control Act of 1972 ( 42 U.S.C. 4901 et seq. ); the Otay Mountain Wilderness Act of 1999 ( Public Law 106–145 ); subtitle D of title VI of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 470aaa et seq. ) (commonly known as the Paleontological Resources Preservation Act ); section 10 of the Act of August 4, 1939 ( 43 U.S.C. 387 ) (commonly known as the Reclamation Project Act of 1939 ); the Act of March 3, 1899 (30 Stat. 1121, chapter 425; ( 33 U.S.C. 403 et seq. ) (commonly known as the Rivers and Harbors Act of 1899 ); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); the Sikes Act ( 16 U.S.C. 670 et seq. ); the Small Business Act ( 15 U.S.C. 631 et seq. ); the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976 ); the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); the Act of December 15, 1971 ( 16 U.S.C. 1331 et seq. ) (commonly known as the Wild Free-Roaming Horses and Burros Act of 1971 ); the Wilderness Act ( 16 U.S.C. 1131 et seq. ); sections 2304, 2304c, 2305, 2505a, and 2306a of title 10, United States Code; section 550 of title 40, United States Code; title 41, United States Code; sections 100101(a), 100751(a), and 102101 of title 54, United States Code; chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201, and 3203 of title 54, United States Code; division A of subtitle III of title 54, United States Code; part 125 of title 13, Code of Federal Regulations; and sections 16.504, 16.505, 17.205, 17.207, 22.404, 22.404–5, and 28.102–1 of title 48, Code of Federal Regulations. In this subsection, the terms physical barriers , tactical infrastructure , and technology have the meanings given such terms in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1103 note). . The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General. .

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