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.

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. Resume construction of barriers and roads along United States and Mexico border (a) Definitions In this section: (1) Department The term Department (2) Physical barriers The term physical barriers (3) Secretary The term Secretary (4) Tactical infrastructure; technology The terms tactical infrastructure technology (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 (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.

Summary: This bill addresses the construction of a border barrier system along the southern border, such as requiring construction activities to resume if certain conditions are met. Specifically, during any period in which the Armed Forces or the National Guard are performing active service at the U.S. southern land border, the Department of Homeland Security (DHS) must resume all activities related to constructing physical barriers and accompanying infrastructure that were underway or planned prior to January 20, 2021. DHS must also (1) expend all funds appropriated or explicitly authorized for constructing such a border barrier system on or after October 1, 2016; and (2) honor all agreements related to the construction of the border barrier system that were entered into before January 20, 2021, with the consent of all applicable parties to revive such agreements. DHS may not cancel any contracts for the construction of the border barrier system entered into on or before January 20, 2021. The bill also extends the availability of certain funds made available from FY2018 through FY2021 for construction of the border barrier system.