Federal

To provide for the renewed availability of funds to construct the border wall upon the deployment of the National Guard to the southern land border of the United States, and for other purposes.

Source: Congress.gov · 946 words in original text

What This Bill Does

This bill allows the Secretary of Homeland Security to resume border wall construction projects when members of the Armed Forces or National Guard are deployed to the southern U.S.-Mexico border. The bill makes previously appropriated funds available again for barriers, tactical infrastructure (equipment and installations used for border security), and technology along the border. It also requires the Department of Homeland Security to honor written agreements made before January 20, 2021 with states, local governments, tribes, private citizens and other stakeholders about border barrier construction.

Who It Affects

The Secretary of Homeland Security, the Department of Homeland Security, states and local governments along the southern border, tribal governments, private citizens who entered into border construction agreements, and contractors who have border wall construction contracts.

Key Provisions

• The Secretary must resume all border barrier, tactical infrastructure, and technology construction projects that were underway or planned before January 20, 2021, whenever Armed Forces or National Guard members are actively deployed to the southern border (Sec. 1(b)(1)) • The Secretary cannot cancel any border barrier system construction contracts that were signed on or before January 20, 2021 (Sec. 1(b)(2)) • The Secretary must spend all funds that were appropriated or committed for border barrier construction on or after October 1, 2016 (Sec. 1(b)(3)) • Funds appropriated in fiscal years 2018, 2019, 2020, and 2021 for border construction remain available to spend until used, and unobligated balances from fiscal year 2022 and later years may also be used (Sec. 1(d)) • Border construction funded under this bill must use operationally effective designs that prioritize Border Patrol agent safety or modified versions that reduce community or environmental impacts, and must be built in highest priority locations identified in the Border Security Improvement Plan (Sec. 1(e))

What Changes

If this bill becomes law, the Department of Homeland Security would immediately resume border wall construction projects that were stopped after January 20, 2021. Previously frozen appropriated funds would become available to spend again. The Department would be prohibited from canceling existing border construction contracts. Written agreements made before January 20, 2021 with states, local governments, tribes, and private citizens about border construction would have to be honored.

Important Definitions

• "Department" means the Department of Homeland Security (Sec. 1(a)(1)) • "Secretary" means the Secretary of Homeland Security (Sec. 1(a)(3)) • "Physical barriers," "tactical infrastructure," and "technology" are defined in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which is referenced in this bill but not fully defined in the bill text itself (Sec. 1(a)(2), 1(a)(4))

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 1531 To provide for the renewed availability of funds to construct the border wall upon the deployment of the National Guard to the southern land border of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2023 Mr. STRONG introduced the following bill; which was referred to the Committee on Homeland Security A BILL To provide for the renewed availability of funds to construct the border wall upon the deployment of the National Guard to the southern land border of the United States, 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, 2 SECTION 1. RESUME CONSTRUCTION OF BARRIERS AND 3 ROADS ALONG UNITED STATES AND MEXICO 4 BORDER. 5 (a) DEFINITIONS.—In this section: 6 (1) DEPARTMENT.—The term ‘‘Department’’ 7 means the Department of Homeland Security. 8 VerDate Sep 11 2014 23:55 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1531.IH H1531 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1531 IH (2) PHYSICAL BARRIERS.—The term ‘‘physical 1 barriers’’ has the meaning given such term in sec- 2 tion 102(e) of the Illegal Immigration Reform and 3 Immigrant Responsibility Act of 1996, as added by 4 section 3(5) of this Act. 5 (3) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of Homeland Security. 7 (4) TACTICAL INFRASTRUCTURE; TECH- 8 NOLOGY.—The terms ‘‘tactical infrastructure’’ and 9 ‘‘technology’’ have the meanings given such terms in 10 section 102(e) of the Illegal Immigration Reform 11 and Immigrant Responsibility Act of 1996, as added 12 by section 3(5) of this Act. 13 (b) IN GENERAL.— 14 (1) IMMEDIATE RESUMPTION OF BORDER BAR- 15 RIER CONSTRUCTION.—During any period beginning 16 on or after the date of the enactment of this Act in 17 which members of the Armed Forces or the National 18 Guard are performing active service (as such term is 19 defined in section 101 of title 10, United States 20 Code) at the southern land border of the United 21 States, the Secretary shall resume all projects relat- 22 ing to the construction of physical barriers, tactical 23 infrastructure, and technology along the inter- 24 national border between the United States and Mex- 25 VerDate Sep 11 2014 23:55 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1531.IH H1531 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1531 IH ico that were underway, or being planned for, prior 1 to January 20, 2021. 2 (2) NO CANCELLATIONS.—The Secretary may 3 not cancel any contract for activities related to the 4 construction of the border barrier system that was 5 entered into on or before January 20, 2021. 6 (3) USE OF FUNDS.—To carry out this section, 7 the Secretary shall expend all funds that were ap- 8 propriated or explicitly obligated for the construction 9 of the border barrier system on or after October 1, 10 2016. 11 (c) UPHOLD NEGOTIATED AGREEMENTS.—The Sec- 12 retary shall ensure that all agreements relating to current 13 and future construction of the border barrier system en- 14 tered into before January 20, 2021, that were executed 15 in writing between the Department and any State, local, 16 or Tribal government, private citizen, or other stakeholder, 17 and to which the applicable non-Federal parties consent 18 to revive in whole or in part, are honored by the Depart- 19 ment in accordance with such agreements and to the ex- 20 tent provided by such consent. 21 (d) AVAILABILITY OF FUNDS.— 22 (1) IN GENERAL.—Notwithstanding any other 23 provision of law, any amount appropriated or other- 24 wise made available during fiscal year 2018, 2019, 25 VerDate Sep 11 2014 23:55 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1531.IH H1531 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1531 IH 2020, or 2021 for any project relating to the con- 1 struction of physical barriers, tactical infrastructure, 2 and technology along the southern border shall re- 3 main available until expended. 4 (2) AUTHORIZATION.—In addition to amounts 5 described in paragraph (1), there is authorized to be 6 made available to carry out this Act the unobligated 7 balances of any amount appropriated or otherwise 8 made available during fiscal year 2022 and each 9 year thereafter for projects described in such para- 10 graph (1). Amounts so authorized shall be author- 11 ized to remain available until expended. 12 (e) USE OF FUNDS.—Any amounts appropriated or 13 otherwise made available for fiscal year 2021 that remain 14 available pursuant to subsection (d) may only be used for 15 barriers, technology, or roads that— 16 (1) use— 17 (A) operationally effective designs deployed 18 as of the date of enactment of the Consolidated 19 Appropriations Act, 2017 (Public Law 115–31), 20 such as currently deployed steel bollard designs, 21 that prioritize agent safety; or 22 (B) operationally effective adaptations of 23 such designs that help mitigate community or 24 environmental impacts of barrier system con- 25 VerDate Sep 11 2014 23:55 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1531.IH H1531 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1531 IH struction, including adaptations based on con- 1 sultation with jurisdictions within which barrier 2 system will be constructed; and 3 (2) are constructed in the highest priority loca- 4 tions as identified in the Border Security Improve- 5 ment Plan. 6 Æ VerDate Sep 11 2014 23:55 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1531.IH H1531 kjohnson on DSK79L0C42PROD with BILLS

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