I 118th CONGRESS 2d Session H. R. 8935 IN THE HOUSE OF REPRESENTATIVES July 5, 2024 Mr. McCaul (for himself and Mr. Turner ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Administrator of the Federal Emergency Management Agency to establish the Border Security and Enforcement Block Grant Program.

1. Short title This Act may be cited as the Border Security and Enforcement Block Grant Act of 2024 . 2. Border Security and Enforcement Block Grant Program (a) Authorization The Administrator of the Federal Emergency Management Agency is authorized to establish a grant program, to be known as the Border Security and Enforcement Block Grant Program , to provide block grants to eligible States to construct , maintain, repair, or improve, a physical border barrier system along the southwest border of the United States. (b) Application An eligible State seeking a grant under this section shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may reasonably require, including— (1) a description of the intended use of funds under subsection (c); and (2) documentation of any alleged loss or damage to the State as a result of the lack of an updated physical border barrier along the southwest border of the United States in that State. (c) Uses of funds (1) In general A State that receives a grant under this section may use such funds to— (A) construct a physical border barrier system along the southwest border of the United States; (B) maintain a physical border barrier system along the southwest border of the United States; or (C) improve and or repair a physical border barrier system along the southwest border of the United States. (2) Clarification The uses of funds described in paragraph (1) include costs associated with— (A) maintaining equipment used for any of the activities described in such paragraph; (B) paying personnel to carry out such activities, including the payment of overtime and backfill; and (C) any activity permitted for Operation Stonegarden under the most recent fiscal year Department of Homeland Security’s Homeland Security Grant Program Notice of Funding Opportunity. (d) Eligibility A State is eligible for a grant under this section if— (1) the State is located along the southwest border of the United States; and (2) at the time of applying for the grant, a physical border barrier along the portion of the southwest border of the United States in that State does not exist or is in need of maintenance, improvement or repair. (e) Awards Not later than 90 days after receiving a grant application under this section, the Administrator shall make a determination with respect to the application. (f) Federal land Upon approval of a grant application under this section by a State seeking to use the grant for a purpose described in subsection (c) on Federal land, the Secretary shall enter into an agreement with the State to provide the State with any easement (including any appropriate right of way) that is necessary for the State to complete such work. (g) Notification If the Administrator denies a grant application under this section, the Administrator shall provide written notice to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, detailing the justification for the denial. (h) Report For each of fiscal years 2025 through 2027, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains information on the expenditure of grants made under this section by each grant recipient. (i) Funding (1) Transfer of funds (A) In general Of the funds appropriated under Procurement, Construction, and Improvement for use by the U.S. Customs and Border Protection that are unobligated and unexpended as of the date of enactment of this Act, $60,000,000 shall be transferred to the Administrator to provide grants under this Act. (B) Fiscal year limitation Of the funds transferred under subsection (a), the Administrator may expend up to $20,000,000 for each of fiscal years 2025 through 2027. (2) Authorization of appropriations There is authorized to be appropriated $110,000,000 for each of fiscal years 2025 through 2027 for grants under this section. 3. Sunset The authority to provide grants under this Act shall cease on the last day of fiscal year 2027. Any funds that have not been obligated under this section prior that date shall be transferred to Procurement, Construction, and Improvement for use by the U.S. Customs and Border Protection.