FASTER Act
- Sponsor
- Rep. Johnson, Dusty [R-SD-At Large]
- Committees
- Homeland Security Committee (primary)
- Last action
- Jul 24, 2025
Bottom line
The FASTER Act mandates regular assessments of southern border infrastructure and empowers the Secretary of Homeland Security to bypass environmental and other legal requirements to rapidly address identified gaps and deficiencies.
What it actually does
This bill directs the Secretary of Homeland Security to conduct biennial surveys of tactical infrastructure along the southern border, identifying areas without infrastructure and deficiencies in existing structures or technology. Crucially, it mandates the Secretary to use existing authority to waive all legal requirements necessary to expedite the correction of any identified deficiencies. The bill defines 'deficiency' broadly to include non-operational infrastructure or technology that cannot serve its intended purpose due to damage, deterioration, or unmet maintenance.
Proponents argue
Proponents argue that this bill is essential for national security, ensuring that the southern border is adequately secured with operational tactical infrastructure and technology. They contend that the waiver authority is necessary to overcome bureaucratic hurdles and environmental regulations that often delay critical border security projects, allowing for swift action to close security gaps and protect the nation.
Opponents contend
Opponents contend that the bill's broad waiver authority could lead to significant environmental damage, disregard for local community concerns, and potential abuse of executive power by circumventing established legal processes. They argue that bypassing environmental reviews and other legal requirements could result in poorly planned or unsustainable infrastructure projects, negatively impacting ecosystems and private property rights along the border.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core provisions and implications.
Section 2(a)
Biennial Survey of Southern Border Tactical Infrastructure
This provision directs the Secretary of Homeland Security to conduct a survey of existing tactical infrastructure along the southern border every two years, starting within 180 days of the bill's enactment. Each survey must measure miles of the border without infrastructure and describe any deficiencies in existing infrastructure or technology. The findings are to be reported to the House and Senate Homeland Security committees within 90 days of each survey's conclusion.
Supporters argue
Supporters argue that regular, comprehensive surveys are crucial for understanding the current state of border security infrastructure and identifying specific areas that require attention. This data-driven approach ensures that resources are allocated effectively to address the most pressing deficiencies.
Critics contend
Critics might argue that while data collection is generally positive, the specific nature of this survey, particularly when coupled with the waiver authority, could be used to justify expansive and potentially environmentally damaging construction projects without adequate public input.
Tradeoffs
This provision balances the need for up-to-date information on border security infrastructure with the potential for such information to be used to justify actions that may conflict with other policy goals, such as environmental protection.
Section 2(b)
Waiver Authority for Expedited Deficiency Correction
This provision directs the Secretary of Homeland Security, upon determining a deficiency through a biennial survey, to take all necessary actions to correct it in an expedited manner. This includes exercising the authority provided under Section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), which allows the Secretary to waive all legal requirements to ensure expeditious construction of barriers and roads.
Section 2(c)
Definition of 'Deficiency'
This section defines the term 'deficiency' when used in relation to tactical infrastructure or technology. A deficiency exists if the infrastructure or technology is not operational, or if it cannot serve its intended function or purpose due to damage, deterioration, or unmet maintenance or repair needs. This broad definition ensures that a wide range of issues can be identified and addressed under the bill's provisions.
The bill directs the Secretary of Homeland Security to exercise the authority provided pursuant to paragraph (1) of section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) to waive all legal requirements to correct deficiencies in an expedited manner.
Section 2(b)
Why it matters:Referencing existing law is standard legislative practice for brevity and to avoid redundancy. However, in this context, it also serves to incorporate a highly controversial and powerful waiver authority without explicitly listing all the laws that can be bypassed, which might be seen as a way to temper public scrutiny.
Case for: Supporters argue that this existing authority is a proven mechanism for rapidly deploying critical border security infrastructure. They contend that explicitly directing its use ensures that identified deficiencies can be addressed without the delays caused by environmental lawsuits or other regulatory challenges, which they view as impediments to national security.
Case against: Opponents argue that this cross-reference effectively re-activates and mandates the use of an extremely broad waiver authority that allows the Secretary to bypass virtually all federal, state, and local laws, including the National Environmental Policy Act (NEPA), the Endangered Species Act, the Clean Water Act, and the Native American Graves Protection and Repatriation Act. This, they contend, undermines democratic processes, environmental protection, and the rights of affected communities.
Estimated impact: The impact could be significant, potentially leading to the construction or repair of hundreds of miles of border infrastructure with minimal environmental review or public consultation, affecting vast tracts of land, water resources, and cultural sites along the southern border.