S.Amdt. 4100

SA 4100. Mr. LANKFORD (for himself and Mr. Braun) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 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:

[[Page S7555]]

At the end of subtitle B of title X, add the following:

SEC. 1013. RESUMPTION OF BORDER WALL CONSTRUCTION.

(a) Findings.--Congress finds that--
(1) more than 1,700,000 migrants were encountered trying to
illegally enter the United States during fiscal year 2021,
which represents the highest number of illegal border
crossings ever recorded by U.S. Customs and Border
Protection;
(2) at least 1,300,000 migrants have illegally crossed the
international border between the United States and Mexico
since President Biden suspended border wall construction,
which represents a 314 percent increase in illegal border
crossings compared to fiscal year 2020;
(3) the actual number of migrants who illegally crossed the
international border between the United States and Mexico and
bypassed law enforcement during fiscal year 2021 is unknown;
(4) U.S. Customs and Border Protection set twenty year
records for encountering the highest number of illegal border
crossers per month in March 2021, April 2021, May 2021, June
2021, and July 2021;
(5) President Biden's efforts to suspend or terminate
border wall construction have cost taxpayers between
$1,837,000,000 and $2,087,000,000 since January 20, 2021, and
such costs are increasing by at least $3,000,000 daily;
(6) Congress has voted multiple times, on a bipartisan
basis, to authorize the construction of a border wall system
along the international border between the United States and
Mexico; and
(7) a border wall system is an effective tool for enhancing
border security.
(b) Resumption of Border Wall Construction.--
(1) In general.--Notwithstanding any other provision of
law--
(A) all contracts entered into by the Secretary of Homeland
Security, the Commissioner of U.S. Customs and Border
Protection, the Commanding General of the Army Corps of
Engineers, the Secretary of Defense, or any other Federal
official for the purposes of constructing a barrier along the
southwest land border of the United States shall be carried
out according to the terms and conditions that were in effect
on or before January 19, 2021; and
(B) all materials acquired by the Department of Homeland
Security (including U.S. Customs and Border Protection), the
Department of Defense (including the Army Corps of
Engineers), or any other Federal agency for the construction
of a barrier along the southwest land border of the United
States shall remain under the custody of the agency that
acquired such materials.
(2) Execution of contracts.--Any Federal agency that has
acquired any materials described in the paragraph (1)(B)
shall carry out all contracts involving such materials
according to the terms and conditions that were in effect on
or before January 19, 2021.
(3) Renewal of contracts.--The Department of Homeland
Security (including U.S. Customs and Border Protection), the
Department of Defense (including the Army Corps of
Engineers), and any other Federal agency that has terminated
contracts pursuant to Presidential Proclamation 10142 (86
Fed. Reg. 7225) shall make every effort to renew and re-enter
such contracts according to the terms and conditions that
were in effect on or before January 19, 2021.
(c) Report.--Not later than 90 days after the date of the
enactment of the Act, the Director of the Office of
Management and Budget, the Secretary of Homeland Security,
the Commanding General of the Army Corps of Engineers, and
the Secretary of Defense shall jointly submit a written
report to the Committee on Appropriations of the Senate, the
Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Appropriations of the House of
Representatives, the Committee on Homeland Security of the
House of Representatives, and the Committee on Oversight and
Reform of the House of Representatives that--
(1) identifies the contracts for border wall construction
that have been terminated;
(2) calculates all of the costs incurred as a result of
such terminations, including the costs for make safe and site
security activities;
(3) identifies all of the materials that were liquidated as
excess, including the initial purchase price and the sale
price for such materials;
(4) identifies all of the lands that were liquidated as
excess; including the initial purchase price and the sale
price for such lands; and
(5) includes copies of any analysis or legal opinions that
were developed to support the implementation of Presidential
Proclamation 10142 (86 Fed. Reg. 7225).
(d) Monthly Certifications.--The Secretary of Homeland
Security, the Commanding General of the Army Corps of
Engineers, and the Secretary of Defense shall each submit a
monthly certification to Congress that their respective
departments are in fully compliance with the requirements of
this section.
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