[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7554-S7555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4100. Mr. LANKFORD (for himself and Mr. Braun) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S7555]]


  

        At the end of subtitle B of title X, add the following:

     SEC. 1013. RESUMPTION OF BORDER WALL CONSTRUCTION.

       (a) Findings.--Congress finds that--
       (1) more than 1,700,000 migrants were encountered trying to 
     illegally enter the United States during fiscal year 2021, 
     which represents the highest number of illegal border 
     crossings ever recorded by U.S. Customs and Border 
     Protection;
       (2) at least 1,300,000 migrants have illegally crossed the 
     international border between the United States and Mexico 
     since President Biden suspended border wall construction, 
     which represents a 314 percent increase in illegal border 
     crossings compared to fiscal year 2020;
       (3) the actual number of migrants who illegally crossed the 
     international border between the United States and Mexico and 
     bypassed law enforcement during fiscal year 2021 is unknown;
       (4) U.S. Customs and Border Protection set twenty year 
     records for encountering the highest number of illegal border 
     crossers per month in March 2021, April 2021, May 2021, June 
     2021, and July 2021;
       (5) President Biden's efforts to suspend or terminate 
     border wall construction have cost taxpayers between 
     $1,837,000,000 and $2,087,000,000 since January 20, 2021, and 
     such costs are increasing by at least $3,000,000 daily;
       (6) Congress has voted multiple times, on a bipartisan 
     basis, to authorize the construction of a border wall system 
     along the international border between the United States and 
     Mexico; and
       (7) a border wall system is an effective tool for enhancing 
     border security.
       (b) Resumption of Border Wall Construction.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) all contracts entered into by the Secretary of Homeland 
     Security, the Commissioner of U.S. Customs and Border 
     Protection, the Commanding General of the Army Corps of 
     Engineers, the Secretary of Defense, or any other Federal 
     official for the purposes of constructing a barrier along the 
     southwest land border of the United States shall be carried 
     out according to the terms and conditions that were in effect 
     on or before January 19, 2021; and
       (B) all materials acquired by the Department of Homeland 
     Security (including U.S. Customs and Border Protection), the 
     Department of Defense (including the Army Corps of 
     Engineers), or any other Federal agency for the construction 
     of a barrier along the southwest land border of the United 
     States shall remain under the custody of the agency that 
     acquired such materials.
       (2) Execution of contracts.--Any Federal agency that has 
     acquired any materials described in the paragraph (1)(B) 
     shall carry out all contracts involving such materials 
     according to the terms and conditions that were in effect on 
     or before January 19, 2021.
       (3) Renewal of contracts.--The Department of Homeland 
     Security (including U.S. Customs and Border Protection), the 
     Department of Defense (including the Army Corps of 
     Engineers), and any other Federal agency that has terminated 
     contracts pursuant to Presidential Proclamation 10142 (86 
     Fed. Reg. 7225) shall make every effort to renew and re-enter 
     such contracts according to the terms and conditions that 
     were in effect on or before January 19, 2021.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of the Act, the Director of the Office of 
     Management and Budget, the Secretary of Homeland Security, 
     the Commanding General of the Army Corps of Engineers, and 
     the Secretary of Defense shall jointly submit a written 
     report to the Committee on Appropriations of the Senate, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Appropriations of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, and the Committee on Oversight and 
     Reform of the House of Representatives that--
       (1) identifies the contracts for border wall construction 
     that have been terminated;
       (2) calculates all of the costs incurred as a result of 
     such terminations, including the costs for make safe and site 
     security activities;
       (3) identifies all of the materials that were liquidated as 
     excess, including the initial purchase price and the sale 
     price for such materials;
       (4) identifies all of the lands that were liquidated as 
     excess; including the initial purchase price and the sale 
     price for such lands; and
       (5) includes copies of any analysis or legal opinions that 
     were developed to support the implementation of Presidential 
     Proclamation 10142 (86 Fed. Reg. 7225).
       (d) Monthly Certifications.--The Secretary of Homeland 
     Security, the Commanding General of the Army Corps of 
     Engineers, and the Secretary of Defense shall each submit a 
     monthly certification to Congress that their respective 
     departments are in fully compliance with the requirements of 
     this section.
                                 ______