[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 502. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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:

       At the appropriate place in title X, insert the following:

     SEC. 10__. TRANSFER OF UNUSED BORDER FENCE MATERIAL TO 
                   SOUTHWEST BORDER STATES.

       (a) Short Titles.--This section may be cited as the 
     ``Border's Unused Idle and Lying Dormant Inventory Transfer 
     Act'' or the ``BUILD IT Act''.
       (b) In General.--Notwithstanding any other provision of 
     law, not later than 90 days after the date of the enactment 
     of this Act, the Federal Government shall deliver to the 
     governments of Arizona, of California, of New Mexico, and of 
     Texas, upon request, any materials associated with the 
     construction of the physical barrier along international 
     border between the United States and Mexico that--
       (1) are in the possession of the Department of Homeland 
     Security, the Department of Defense, or any other Federal 
     agency; or
       (2) have been purchased by the Federal Government, but 
     remain in the possession of any contractor or vendor.
       (c) Prohibition of Fees and Delivery Charges.--The Federal 
     Government may not charge any fee or other delivery charge to 
     any of the States referred to in subsection (b) for the 
     delivery of the materials described in such subsection.
       (d) Use of Materials.--Any State receiving materials from 
     the Federal Government pursuant to subsection (b) shall use 
     such materials for the purpose of constructing, repairing, or 
     reinforcing a physical barrier along the international border 
     between such State and Mexico.
       (e) Termination of Existing Contracts.--The Federal 
     Government shall terminate, at the convenience of the Federal 
     Government, any contract relating to the maintenance and 
     security of the materials intended for the construction 
     referred to in subsection (b) that--
       (1) is in effect on the date of the enactment of this Act; 
     and
       (2) must be terminated in order to comply with subsection 
     (b).
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