[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1531 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESUME CONSTRUCTION OF BARRIERS AND ROADS ALONG UNITED 
              STATES AND MEXICO BORDER.

    (a) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Physical barriers.--The term ``physical barriers'' has 
        the meaning given such term in section 102(e) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996, as 
        added by section 3(5) of this Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) Tactical infrastructure; technology.--The terms 
        ``tactical infrastructure'' and ``technology'' have the 
        meanings given such terms in section 102(e) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996, as 
        added by section 3(5) of this Act.
    (b) In General.--
            (1) Immediate resumption of border barrier construction.--
        During any period beginning on or after the date of the 
        enactment of this Act in which members of the Armed Forces or 
        the National Guard are performing active service (as such term 
        is defined in section 101 of title 10, United States Code) at 
        the southern land border of the United States, the Secretary 
        shall resume all projects relating to the construction of 
        physical barriers, tactical infrastructure, and technology 
        along the international border between the United States and 
        Mexico that were underway, or being planned for, prior to 
        January 20, 2021.
            (2) No cancellations.--The Secretary may not cancel any 
        contract for activities related to the construction of the 
        border barrier system that was entered into on or before 
        January 20, 2021.
            (3) Use of funds.--To carry out this section, the Secretary 
        shall expend all funds that were appropriated or explicitly 
        obligated for the construction of the border barrier system on 
        or after October 1, 2016.
    (c) Uphold Negotiated Agreements.--The Secretary shall ensure that 
all agreements relating to current and future construction of the 
border barrier system entered into before January 20, 2021, that were 
executed in writing between the Department and any State, local, or 
Tribal government, private citizen, or other stakeholder, and to which 
the applicable non-Federal parties consent to revive in whole or in 
part, are honored by the Department in accordance with such agreements 
and to the extent provided by such consent.
    (d) Availability of Funds.--
            (1) In general.--Notwithstanding any other provision of 
        law, any amount appropriated or otherwise made available during 
        fiscal year 2018, 2019, 2020, or 2021 for any project relating 
        to the construction of physical barriers, tactical 
        infrastructure, and technology along the southern border shall 
        remain available until expended.
            (2) Authorization.--In addition to amounts described in 
        paragraph (1), there is authorized to be made available to 
        carry out this Act the unobligated balances of any amount 
        appropriated or otherwise made available during fiscal year 
        2022 and each year thereafter for projects described in such 
        paragraph (1). Amounts so authorized shall be authorized to 
        remain available until expended.
    (e) Use of Funds.--Any amounts appropriated or otherwise made 
available for fiscal year 2021 that remain available pursuant to 
subsection (d) may only be used for barriers, technology, or roads 
that--
            (1) use--
                    (A) operationally effective designs deployed as of 
                the date of enactment of the Consolidated 
                Appropriations Act, 2017 (Public Law 115-31), such as 
                currently deployed steel bollard designs, that 
                prioritize agent safety; or
                    (B) operationally effective adaptations of such 
                designs that help mitigate community or environmental 
                impacts of barrier system construction, including 
                adaptations based on consultation with jurisdictions 
                within which barrier system will be constructed; and
            (2) are constructed in the highest priority locations as 
        identified in the Border Security Improvement Plan.
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