S.Amdt. 1584

SA 1584. Mr. LEE (for Mr. Budd) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 815, to amend title 38, United
States Code, to make certain improvements relating to the eligibility
of veterans to receive reimbursement for emergency treatment furnished
through the Veterans Community Care program, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

Subtitle __--Improving Border Security

SEC. __1. RESUMING CONSTRUCTION OF BARRIERS AND ROADS ALONG
THE SOUTHWEST BORDER.

(a) Definitions.--In this section:
(1) Physical barriers.--The term ``physical barriers''
includes reinforced fencing, border barrier system, and levee
walls.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads.
(3) Technology.--The term ``technology'' means border
surveillance and detection technology, including--

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(A) tower-based surveillance technology;
(B) deployable, lighter-than-air ground surveillance
equipment;
(C) vehicle and Dismount Exploitation Radars (VADER);
(D) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology;
(E) advanced unattended surveillance sensors;
(F) mobile vehicle-mounted and man-portable surveillance
capabilities;
(G) unmanned aircraft systems; and
(H) other border detection, communication, and surveillance
technology.
(b) In General.--
(1) Immediate resumption of border barrier construction.--
Not later than 24 hours after the date of the enactment of
this Act, the Secretary of Homeland Security shall resume any
project relating to the construction of physical barriers,
tactical infrastructure, and technology along the
international border between the United States and Mexico
that were underway, or being planned, before January 20,
2021.
(2) No cancellations.--The Secretary may not cancel any
contract for activities related to the construction of the
border barrier system that was entered into on or before
January 20, 2021.
(3) Use of funds.--To carry out this section, the Secretary
shall expend all funds appropriated or explicitly obligated
for use beginning on or after October 1, 2016, for the
construction of the border barrier system.
(c) Uphold Negotiated Agreements.--The Secretary of
Homeland Security shall ensure that all written agreements
relating to current or future construction of the border
barrier system in which the Department of Homeland Security
is a party are honored by the Department in accordance with
the terms of such agreements.

SEC. __2. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG
THE SOUTHERN BORDER.

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--
(1) by amending subsection (a) to read as follows:
``(a) In General.--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.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Fencing and
Road Improvements'' and inserting ``Physical Barriers'';
(B) in paragraph (1)--
(i) in the heading, by striking ``fencing'' and inserting
``barriers'';
(ii) by amending subparagraph (A) to read as follows:
``(A) Reinforced barriers.--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.'';
(iii) by amending subparagraph (B) to read as follows:
``(B) Physical barriers and tactical infrastructure.--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.'';
(iv) in subparagraph (C)--

(I) by amending clause (i) to read as follows:

``(i) In general.--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

(II) in clause (ii)--

(aa) in subclause (I), by striking ``or'' after the
semicolon at the end;
(bb) by amending subclause (II) to read as follows:

``(II) 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

(cc) by adding at the end the following new subclause:

``(III) create any right or liability for any party.''; and

(v) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and inserting ``this
section''; and
(iii) by striking ``construction of fences'' and inserting
``the construction of physical barriers, tactical
infrastructure, and technology'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--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
(E) in paragraph (4), by striking ``this subsection'' and
inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--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.'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) Notification.--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
(4) by adding at the end the following new subsections:
``(e) Technology.--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.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--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.
``(2) Operational control.--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).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, the border wall, and levee
walls.
``(4) Situational awareness.--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)).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates,
checkpoints, lighting, and roads.
``(6) Technology.--The term `technology' includes border
surveillance and detection technology, including the
following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground surveillance
equipment.
``(C) Vehicle and Dismount Exploitation Radars (VADER).
``(D) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable surveillance
capabilities.
``(G) Unmanned aircraft systems.
``(H) Tunnel detection systems and other seismic
technology.
``(I) Fiber-optic cable.
``(J) Other border detection, communication, and
surveillance technology.
``(7) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.

SEC. __3. CODIFYING PREVIOUSLY WAIVED LEGAL REQUIREMENTS.

Section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, as amended by section
__2(a)(3), is further amended by adding at the end the
following:
``(4) Previously waived legal requirements.--
``(A) In general.--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 described
in subparagraph (B).

[[Page S800]]

``(B) Elements.--The laws or regulations described in this
subparagraph are the following:
``(i) An Act to facilitate the work of the Forest Service
(Public Law 87-869).
``(ii) The Administrative Procedure Act (5 U.S.C. 500 et
seq.).
``(iii) The American Indian Religious Freedom Act of 1978
(42 U.S.C. 1996 et seq.).
``(iv) The Arizona Desert Wilderness Act (6 U.S.C. 460ddd
et seq.).
``(v) The Arizona-Idaho Conservation Act of 1988 (Public
Law 100-696).
``(vi) The Bald and Golden Eagle Protection Act (16 U.S.C.
668 et seq.).
``(vii) The Clean Air Act (42 U.S.C. 7401 et seq.).
``(viii) The Clean Water Act (33 U.S.C. 1151 et seq.).
``(ix) The Coastal Zone Management Act (16 U.S.C. 1451 et
seq.).
``(x) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
``(xi) The Endangered Species Act (16 U.S.C. 1531 et seq.).
``(xii) The Farmland Protection Policy Act (7 U.S.C. 4201
et seq.).
``(xiii) The Federal Cave Resources Protection Act of 1988
(16 U.S.C. 4301 et seq.).
``(xiv) The Federal Grant and Cooperative Agreement Act of
1977 (31 U.S.C. 6301 et seq.).
``(xv) The Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
``(xvi) The Fish and Wildlife Coordination Act (16 U.S.C.
662 et seq.).
``(xvii) The Migratory Bird Conservation Act of 1929 (16
U.S.C. 715 et seq.).
``(xviii) The Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.).
``(xix) The Military Lands Withdrawal Act of 1999 (Public
Law 106-65).
``(xx) The Multiple-Use and Sustained-Yield Act of 1960 (16
U.S.C. 583 et seq.).
``(xxi) The National Environmental Policy Act (Public Law
91-190).
``(xxii) The National Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.).
``(xxiii) The National Forest Management Act of 1976 (16
U.S.C. 472a et seq.).
``(xxiv) The National Historic Preservation Act (Public Law
89-665).
``(xxv) The National Parks and Recreation Act of 1978
(Public Law 95-625).
``(xxvi) The National Trails System Act (16 U.S.C. 1241 et
seq.).
``(xxvii) The National Wildlife Refuge System
Administration Act (16 U.S.C. 668dd et seq.).
``(xxviii) The Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.).
``(xxix) The Noise Control Act (42 U.S.C. 4901 et seq.).
``(xxx) The Otay Mountain Wilderness Act of 1990 (Public
Law 106-145).
``(xxxi) The Paleontological Resources Preservation Act (16
U.S.C. 470aaa et seq.).
``(xxxii) Section 10 of the Reclamation Project Act of 1939
(43 U.S.C. 387).
``(xxxiii) The Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.).
``(xxxiv) The Rivers and Harbors Act of 1899 (33 U.S.C. 403
et seq.).
``(xxxv) The Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
``(xxxvi) The Sikes Act (16 U.S.C. 670a et seq.).
``(xxxvii) The Small Business Act (15 U.S.C. 631 et seq.).
``(xxxviii) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
``(xxxix) The Wild and Scenic Rivers Act (16 U.S.C. 1281 et
seq.).
``(xl) The Wild Horse and Burro Act (16 U.S.C. 1331 et
seq.).
``(xli) The Wilderness Act (16 U.S.C. 1131 et seq.).
``(xlii) Part 125 of title 13, Code of Federal Regulations.
``(xliii) 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.
``(xliv) Section 550 of title 40, United States Code.
``(xlv) Chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201,
and 3203 of title 54, United States Code.
``(xlvi) Division A of subtitle III of title 54, United
States Code.
``(xlvii) Sections 100101(a), 100751(a), 102101 of title
54, United States Code.
``(xlviii) Sections 2304, 2304c, 2305, 2505a, and 2306a of
title 10, United States Code.
``(xlix) Title 41, United States Code.''.

SEC. __4. PROHIBITION AGAINST USE OF FEDERAL FUNDS TO
IMPLEMENT OR ENFORCE PRESIDENTIAL PROCLAMATION
10142.

No funds, resources, or fees made available to the
Secretary of Homeland Security, or to any other official of a
Federal agency by any Act of Congress for any fiscal year,
may be used to implement or enforce Presidential Proclamation
10142 of January 20, 2021 (86 Fed. Reg. 7225).
______