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.