Stephen Dinan
Washington Times
June 24, 2013

Analysts looking through the new border security deal in the Senate say it includes waivers that would let Homeland Security Secretary Janet Napolitano refuse to build any new fencing or install the new technology the plan lays out in close detail.

The senators who struck the deal late this week said they were trying to take the decision-making away from the Obama administration and ensure that new fencing and technology would be deployed, but the latest version gives Ms. Napolitano or her successors the ability to waive or ignore those requirements.

In the case of the fence, the legislation reads that “nothing in this subsection shall require the secretary to install fencing, or infrastructure that directly results from the installation of such fencing, in a particular location along the southern border, if the secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the southern border at such location.”

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