I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RESUME CONSTRUCTION OF BARRIERS AND 

4 ROADS ALONG UNITED STATES AND MEXICO 

5 BORDER. 

6 (a) DEFINITIONS.—In this section: 

7 (1) DEPARTMENT.—The term ‘‘Department’’ 

8 means the Department of Homeland Security. 


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1 (2) PHYSICAL BARRIERS.—The term ‘‘physical 

2 barriers’’ has the meaning given such term in sec3 tion 102(e) of the Illegal Immigration Reform and 

4 Immigrant Responsibility Act of 1996, as added by 

5 section 3(5) of this Act. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Homeland Security. 

8 (4) TACTICAL INFRASTRUCTURE; TECH9 NOLOGY.—The terms ‘‘tactical infrastructure’’ and 

10 ‘‘technology’’ have the meanings given such terms in 

11 section 102(e) of the Illegal Immigration Reform 

12 and Immigrant Responsibility Act of 1996, as added 

13 by section 3(5) of this Act. 

14 (b) IN GENERAL.— 

15 (1) IMMEDIATE RESUMPTION OF BORDER BAR16 RIER CONSTRUCTION.—During any period beginning 

17 on or after the date of the enactment of this Act in 

18 which members of the Armed Forces or the National 

19 Guard are performing active service (as such term is 

20 defined in section 101 of title 10, United States 

21 Code) at the southern land border of the United 

22 States, the Secretary shall resume all projects relat23 ing to the construction of physical barriers, tactical 

24 infrastructure, and technology along the inter25 national border between the United States and MexVerDate Sep 11 2014 23:55 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1531.IH H1531

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1 ico that were underway, or being planned for, prior 

2 to January 20, 2021. 

3 (2) NO CANCELLATIONS.—The Secretary may 

4 not cancel any contract for activities related to the 

5 construction of the border barrier system that was 

6 entered into on or before January 20, 2021. 

7 (3) USE OF FUNDS.—To carry out this section, 

8 the Secretary shall expend all funds that were ap9 propriated or explicitly obligated for the construction 

10 of the border barrier system on or after October 1, 

11 2016. 

12 (c) UPHOLD NEGOTIATED AGREEMENTS.—The Sec13 retary shall ensure that all agreements relating to current 

14 and future construction of the border barrier system en15 tered into before January 20, 2021, that were executed 

16 in writing between the Department and any State, local, 

17 or Tribal government, private citizen, or other stakeholder, 

18 and to which the applicable non-Federal parties consent 

19 to revive in whole or in part, are honored by the Depart20 ment in accordance with such agreements and to the ex21 tent provided by such consent. 

22 (d) AVAILABILITY OF FUNDS.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, any amount appropriated or other25 wise made available during fiscal year 2018, 2019, 


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1 2020, or 2021 for any project relating to the con2 struction of physical barriers, tactical infrastructure, 

3 and technology along the southern border shall re4 main available until expended. 

5 (2) AUTHORIZATION.—In addition to amounts 

6 described in paragraph (1), there is authorized to be 

7 made available to carry out this Act the unobligated 

8 balances of any amount appropriated or otherwise 

9 made available during fiscal year 2022 and each 

10 year thereafter for projects described in such para11 graph (1). Amounts so authorized shall be author12 ized to remain available until expended. 

13 (e) USE OF FUNDS.—Any amounts appropriated or 

14 otherwise made available for fiscal year 2021 that remain 

15 available pursuant to subsection (d) may only be used for 

16 barriers, technology, or roads that— 

17 (1) use— 

18 (A) operationally effective designs deployed 

19 as of the date of enactment of the Consolidated 

20 Appropriations Act, 2017 (Public Law 115–31), 

21 such as currently deployed steel bollard designs, 

22 that prioritize agent safety; or 

23 (B) operationally effective adaptations of 

24 such designs that help mitigate community or 

25 environmental impacts of barrier system conVerDate Sep 11 2014 23:55 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1531.IH H1531

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1 struction, including adaptations based on con2 sultation with jurisdictions within which barrier 

3 system will be constructed; and 

4 (2) are constructed in the highest priority loca5 tions as identified in the Border Security Improve6 ment Plan. 

Æ 


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