Sec. 4101. Border Security Funding
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/bill/115/hr/6415/ih/section-4101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to amounts otherwise made available by this Act or any other provision of law, there is hereby appropriated to the U.S. Customs and Border Protection—Procurement, Construction, and Improvements account, out of any amounts in the Treasury not otherwise appropriated, $23,400,000,000, to be available as described in subsections
(b)and (c), of which— $16,625,000,000 shall be for a border wall system along the southern border of the United States, including physical barriers and associated detection technology, roads, and lighting; and $6,775,000,000 shall be for infrastructure, assets, operations, and technology to enhance border security along the southern border of the United States, including— border security technology, including surveillance technology, at and between ports of entry; new roads and improvements to existing roads; U.S. Border Patrol facilities and ports of entry; aircraft, aircraft-based sensors and associated technology, vessels, spare parts, and equipment to maintain such assets; a biometric entry and exit system; and family residential centers. Of the amount appropriated in subsection (a)(1)— $2,241,000,000 shall become available October 1, 2018; $1,808,000,000 shall become available October 1, 2019; $1,715,000,000 shall become available October 1, 2020; $2,140,000,000 shall become available October 1, 2021; $1,735,000,000 shall become available October 1, 2022; $1,746,000,000 shall become available October 1, 2023; $1,776,000,000 shall become available October 1, 2024; $1,746,000,000 shall become available October 1, 2025; and $1,718,000,000 shall become available October 1, 2026. An amount made available under subparagraph (A), (B), (C), (D), (E), (F), (G), (H), or
(I)of paragraph
(1)shall remain available for five years after the date specified in that subparagraph. Of the amount appropriated in subsection (a)(2)— $500,000,000 shall become available October 1, 2018; $1,850,000,000 shall become available October 1, 2019; $1,950,000,000 shall become available October 1, 2020; $1,925,000,000 shall become available October 1, 2021; and $550,000,000 shall become available October 1, 2022. An amount made available under subparagraph (A), (B), (C), (D), or
(E)of paragraph
(1)shall remain available for five years after the date specified in that subparagraph. Notwithstanding any limitation on transfer authority in any other provision of law and subject to the notification requirement in subparagraph (B), the Secretary of Homeland Security may transfer any amounts made available under paragraph
(1)to the U.S. Customs and Border Protection—Operations and Support account only to the extent necessary to carry out the purposes described in subsection (a)(2). The Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days before each such transfer. The Secretary of Homeland Security shall include in the budget justification materials submitted in support of the President’s annual budget request for fiscal year 2020 (as submitted under section 1105(a) of title 31, United States Code) a multi-year spending plan for the amounts made available under subsection (a). Each amount that becomes available in accordance with subsection
(b)or
(c)may not be obligated until the date that is 30 days after the date on which the Committees on Appropriations of the Senate and the House of Representatives receive a detailed plan, prepared by the Commissioner of U.S. Customs and Border Protection, for the expenditure of such amount. Beginning not later than 180 days after the date of the enactment of this Act, and quarterly thereafter, the Commissioner of U.S. Customs and Border Protection shall brief the Committees on Appropriations of the Senate and the House of Representatives regarding activities under and progress made in carrying out this section. Nothing in this section may be construed to limit the availability of funds made available by any other provision of law for carrying out the requirements of this Act or the amendments made by this Act. Any reference in this section to an appropriation account shall be construed to include any successor accounts. Notwithstanding any other provision of law, the amounts appropriated under subsection
(a)are discretionary appropriations (as that term is defined in section 250(c)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(7) )).
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Sec. 4101
Border Security Funding
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