What This Bill Does
This bill directs the head of the Federal Emergency Management Agency to create a new grant program called the Southern Border Landowner Security Grant Program. The program provides money to property owners near the U.S.-Mexico border who have experienced theft or damage to their property caused by people illegally crossing the border, and to property owners who believe they are at risk of such theft or damage.
Who It Affects
Property owners living within 10 miles of the U.S.-Mexico border, the Federal Emergency Management Agency Administrator, and U.S. Customs and Border Patrol.
Key Provisions
- The Federal Emergency Management Agency Administrator establishes the Southern Border Landowner Security Grant Program to provide grants to people whose property was damaged or had items stolen due to illegal border crossings, and to people at risk of such damage (Sec. 3)
- Property owners who experienced loss or damage can receive grants to cover losses not already paid by insurance if they prove the property is in the border zone and the damage was caused by someone illegally crossing the border (Sec. 4)
- Property owners at risk of damage can receive grants to improve physical security of their property if they reasonably believe their property is at risk from illegal border crossers (Sec. 5)
- Property owners receiving security improvement grants must submit documentation within 290 days showing how they spent the money, and must return any unspent funds (Sec. 5)
- No individual can receive more than a total of $25,000 across all three fiscal years covered by the program (Sec. 6)
What Changes
If this becomes law, $75,000,000 will be transferred from an existing U.S. Customs and Border Patrol budget account to the Federal Emergency Management Agency. The agency can spend $25,000,000 per year for three years (fiscal years 2022 through 2024). The grant program stops accepting new applications after the last day of fiscal year 2026. Any money not yet committed by that date goes back to the U.S. Customs and Border Patrol.
Important Definitions
- "Impacted party" means someone who owns real property within 10 miles of the U.S.-Mexico border and has experienced property theft or damage caused by someone illegally crossing the border
- "At-risk party" means someone who owns property within 10 miles of the U.S.-Mexico border that does not have a bollard-style border barrier (a metal fence-like structure) next to it, and who reasonably believes their property is at risk of theft or damage from illegal border crossing
- "Border zone" means any area of the United States within 10 miles of the U.S.-Mexico border
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 761
To direct the Administrator of the Federal Emergency Management Agency
to establish a grant program to reimburse individuals for loss or damage
to property near the southern border of the United States caused by
an individual illegally crossing the border, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mrs. BICE (for herself, Mr. CRENSHAW, Mr. TONY GONZALES of Texas, Mr.
FALLON, and Mr. JACKSON of Texas) introduced the following bill; which
was referred to the Committee on Homeland Security, and in addition to
the Committee on Appropriations, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To direct the Administrator of the Federal Emergency Man-
agement Agency to establish a grant program to reim-
burse individuals for loss or damage to property near
the southern border of the United States caused by an
individual illegally crossing the border, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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•HR 761 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Securing American
2
Families from Exploitation at the Border Act’’ or the
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‘‘SAFE Border Act’’.
4
SEC. 2. DEFINITIONS.
5
In this Act:
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(1) IMPACTED
PARTY.—The term ‘‘impacted
7
party’’ means an individual who—
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(A) owns real property within, the border
9
zone; and
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(B) has experienced property theft or prop-
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erty damage on the property, as applicable, by
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an individual illegally crossing the U.S.-Mexico
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border.
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(2) AT-RISK PARTY.—The term ‘‘at-risk party’’
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means an individual who—
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(A) owns property within the border zone
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that does not have a bollard-style border barrier
18
that is adjacent to such property; and
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(B) reasonably believes to be at risk of ex-
20
periencing property theft or property damage
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on the property, as applicable, by an individual
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illegally crossing the U.S.-Mexico border.
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(3) BORDER ZONE.—The term ‘‘border zone’’
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means the area of the United States that is within
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10 miles of the U.S.-Mexico border.
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•HR 761 IH
SEC. 3. SOUTHERN BORDER LANDOWNER SECURITY GRANT
1
PROGRAM.
2
The Administrator of the Federal Emergency Man-
3
agement Agency shall establish a grant program to be
4
known as the Southern Border Landowner Security Grant
5
Program to provide grants to impacted parties to cover
6
losses or damage to property and to at-risk parties to im-
7
prove the security of certain property.
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SEC. 4. GRANTS TO IMPACTED PARTIES.
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(a) IN GENERAL.—The Administrator may provide
10
grants under this Act to an impacted party to cover loss
11
or damages not otherwise covered by insurance to the im-
12
pacted property if such party certifies, to the satisfaction
13
of the Administrator, that the property—
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(1) was located in the border zone at the time
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such loss or damage occurred; and
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(2) the loss or damage was caused by an indi-
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vidual illegally crossing the U.S.-Mexico border.
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(b) APPLICATION.—To be eligible for a grant under
19
this section, an impacted party shall submit to the Admin-
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istrator an application that includes documentation of the
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loss or damage and an estimate of the value of such loss
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or an estimate of the cost to repair such damage.
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SEC. 5. GRANTS TO AT-RISK PARTIES.
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(a) IN GENERAL.—The Administrator may provide
25
grants under this Act to an at-risk party to improve the
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•HR 761 IH
physical security of property located within the border
1
zone if such party certifies, to the satisfaction of the Ad-
2
ministrator, that the party reasonably believes that the
3
property of such party is at risk of loss or damage caused
4
by an individual illegally crossing the U.S.-Mexico border.
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(b) REPORT ON USE OF FUNDS.—Not later than 290
6
days after an at-risk party receives funds under this sec-
7
tion, such party shall submit to the Administrator docu-
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mentation on how the party spends such funds. Any funds
9
that remain unspent on the day on which such documenta-
10
tion is submitted shall be returned to the Administrator
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for further provision under this section.
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SEC. 6. FUNDING.
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(a) TRANSFER
OF FUNDS.—Of the funds appro-
14
priated under the heading ‘‘Procurement, Construction,
15
and Improvement’’ for use by the U.S. Customs and Bor-
16
der Patrol that are unobligated and unexpended as of the
17
date of enactment of this Act, $75,000,000 shall be trans-
18
ferred to the Administrator to provide grants under this
19
Act.
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(b) FISCAL YEAR LIMITATION.—Of the funds trans-
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ferred under subsection (a), the Administrator may ex-
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pend $25,000,000 for each of fiscal years 2022 through
23
2024.
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•HR 761 IH
(c) LIMITATION ON GRANT AMOUNT.—An individual
1
may not receive more than a total of $25,000 under this
2
section for fiscal years 2022 through 2024.
3
SEC. 7. REGULATIONS.
4
The Administrator may issues such regulations as are
5
necessary to carry out this Act, including—
6
(1) requirements that applicants for funds
7
under this Act submit evidentiary documentation, in-
8
cluding property deeds, police reports, insurance cov-
9
erage documentation, and other documentation con-
10
sidered appropriate by the Administrator;
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(2) a review process conducted by the Adminis-
12
trator or the inspector general of the Agency to re-
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view applications annually for waste, fraud, and
14
abuse; and
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(3) the applicable penalties for fraudulent
16
claims or false statements.
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SEC. 8. SUNSET.
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The authority to provide grants under this Act shall
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cease on the last date of fiscal year 2026. Any funds that
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have not been obligated under this section before that date
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shall be transferred to the heading ‘‘Procurement, Con-
22
struction, and Improvement’’ for use by the U.S. Customs
23
and Border Patrol.
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Æ
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