What This Bill Does
This bill directs the Secretary of Homeland Security to immediately restart construction of a border wall system along the U.S.-Mexico border. The bill requires spending money that Congress previously set aside for this project and requires the Department of Homeland Security to complete specific construction plans on set timelines.
Who It Affects
The Secretary of Homeland Security and the Department of Homeland Security are directly responsible for carrying out this bill's requirements. U.S. Customs and Border Protection must comply with DNA collection requirements. Congress receives implementation plans and reports. Private citizens, state and local governments, and tribal governments with existing written agreements about border wall construction are affected.
Key Provisions
- The Secretary of Homeland Security must resume all border wall system construction activities that were underway or planned before January 20, 2021, within 24 hours of the bill becoming law (Sec. 2(a)(1))
- The Secretary cannot cancel any contracts for border wall construction that were signed on or before January 20, 2021 (Sec. 2(a)(2))
- The Secretary must spend all money that Congress previously set aside for border wall construction starting October 1, 2016, to carry out this bill (Sec. 2(a)(3))
- The Secretary must submit a plan to Congress within 30 days showing how to complete border wall construction by September 30, 2026 (Sec. 2(a)(4))
- The Secretary must submit another plan within 90 days with quarterly goals and cost estimates for all remaining construction needs, including tactical infrastructure and technology (Sec. 2(b))
What Changes
If this bill becomes law, border wall construction activities that were stopped must restart immediately. Contracts that were signed before January 20, 2021 cannot be cancelled. Money set aside for border wall construction since October 1, 2016 must be spent on this project. The Department of Homeland Security must follow its written agreements with private citizens, state and local governments, and tribal governments about border wall construction.
Important Definitions
- Tactical infrastructure: boat ramps, access gates, checkpoints, lighting, and roads connected to a border wall system (Sec. 4(2))
- Technology: border surveillance and detection technology, including linear ground detection systems, connected to a border wall system (Sec. 4(3))
Effective Date
The bill does not specify when it takes effect, but it requires actions to begin within 24 hours of enactment for border wall construction resumption.
I
118TH CONGRESS
1ST SESSION
H. R. 336
To immediately resume construction of the border wall system along the
international border between the United States and Mexico to secure
the border, enforce the rule of law, and expend appropriated funds
as mandated by Congress, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Mr. HIGGINS of Louisiana (for himself, Mrs. MILLER-MEEKS, Mr. GRAVES of
Louisiana, Mr. RESCHENTHALER, Mr. FLEISCHMANN, Mr. GOSAR, Mr.
POSEY, Mr. BALDERSON, Mrs. MILLER of Illinois, Mr. SMITH of New
Jersey, Mr. CLYDE, Mr. FRY, Mr. CARL, Mr. HUIZENGA, Mr. CARTER
of Georgia, Mr. SESSIONS, Mr. GAETZ, Mr. JOHNSON of Ohio, Mrs.
HARSHBARGER, Mr. BABIN, Mr. BOST, Mr. LATTA, Mr. GROTHMAN, Mr.
HUNT, Mr. LOUDERMILK, Mr. ZINKE, Mr. GUEST, Mr. ROY, Mr. BISHOP
of North Carolina, Mrs. BOEBERT, Mr. RUTHERFORD, Mr. MOOLENAAR,
Mr. OBERNOLTE, and Mr. JACKSON of Texas) introduced the following
bill; which was referred to the Committee on Homeland Security
A BILL
To immediately resume construction of the border wall sys-
tem along the international border between the United
States and Mexico to secure the border, enforce the
rule of law, and expend appropriated funds as mandated
by Congress, 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 336 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Finish the Wall Act’’.
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SEC. 2. BORDER WALL SYSTEM CONSTRUCTION.
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(a)(1) IMMEDIATELY RESUME BORDER WALL SYS-
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TEM CONSTRUCTION.—Not later than 24 hours after the
5
date of the enactment of this Act, the Secretary of Home-
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land Security shall resume all activities related to the con-
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struction of the border barrier system (also known as, and
8
referred to in this Act as, the ‘‘border wall system’’) along
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the international border between the United States and
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Mexico that were underway or being planned for prior to
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January 20, 2021.
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(2) NO CANCELLATIONS.—The Secretary of Home-
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land Security may not cancel any contract for activities
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related to border wall system construction referred to in
15
paragraph (1) that was entered into on or before January
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20, 2021.
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(3) USE OF FUNDS.—The Secretary of Homeland
18
Security shall expend all funds appropriated or explicitly
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obligated for border wall system construction referred to
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in paragraph (1) that were appropriated or obligated, as
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the case may be, beginning on October 1, 2016, to carry
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out this Act.
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(4) IMPLEMENTATION PLAN
FOR BORDER WALL
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SYSTEM.—Not later than 30 days after the date of the
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enactment of this Act, the Secretary of Homeland Security
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•HR 336 IH
shall submit to the appropriate congressional committees
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an implementation plan to complete, by not later than
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September 30, 2026, border wall system construction re-
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ferred to in paragraph (1) and funded in accordance with
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paragraph (3).
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(b) PLAN TO COMPLETE TACTICAL INFRASTRUC-
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TURE AND TECHNOLOGY ELEMENTS OF BORDER WALL
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SYSTEM.—Not later than 90 days after the date of the
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enactment of this Act, the Secretary of Homeland Security
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shall submit to the appropriate congressional committees
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an implementation plan, including quarterly benchmarks
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and cost estimates, for satisfying all requirements of bor-
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der wall system construction referred to in subsection
13
(a)(1), including tactical infrastructure, technology, and
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other elements as identified by the Department of Home-
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land Security prior to January 20, 2021, through the ex-
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penditure of funds appropriated or explicitly obligated, as
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the case may be, for use beginning on October 1, 2016,
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as well as any future funds appropriated by Congress.
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(c) UPHOLD NEGOTIATED AGREEMENTS.—The Sec-
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retary of Homeland Security shall ensure that all agree-
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ments executed in writing between the Department of
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Homeland Security and private citizens, State, local, and
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Tribal governments, and other stakeholders are honored
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•HR 336 IH
by the Department relating to current and future border
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wall system construction as required by such agreements.
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SEC. 3. DNA COLLECTION CONSISTENT WITH FEDERAL
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LAW.
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Not later than 14 days after the date of the enact-
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ment of this Act, the Secretary of Homeland Security shall
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ensure and certify to the Committee on Homeland Secu-
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rity of the House of Representatives and the Committee
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on Homeland Security and Governmental Affairs of the
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Senate that U.S. Customs and Border Protection is fully
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compliant with the DNA Fingerprint Act of 2005 at all
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border facilities that process adults, including as part of
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a family unit, in the custody of U.S. Customs and Border
13
Protection at the border.
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SEC. 4. DEFINITIONS.
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In this Act:
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means the Committee on Homeland Secu-
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rity and the Committee on Appropriations of the
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House of Representatives and the Committee on
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Homeland Security and Governmental Affairs and
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the Committee on Appropriations of the Senate.
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(2) TACTICAL
INFRASTRUCTURE.—The term
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‘‘tactical infrastructure’’ includes boat ramps, access
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•HR 336 IH
gates, checkpoints, lighting, and roads associated
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with a border wall system.
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(3) TECHNOLOGY.—The term ‘‘technology’’ in-
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cludes border surveillance and detection technology,
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including linear ground detection systems, associated
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with a border wall system.
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Æ
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