S. 301

1. Short title
2. Sense of Congress
3. Authorization of appropriations
4. Transfers authorized
5. Rule of construction

1. Short title

This Act may be cited as the "Border Security is National Security Act".

2. Sense of Congress

It is the sense of Congress that the President has the authority under the Constitution of the United States, relevant Federal laws, including chapter 15 of title 10, United States Code, and the appropriations Acts providing funding for the Department of Defense, to direct the military to secure the borders of the United States.

3. Authorization of appropriations

(a) In general - There is authorized to be appropriated to the Department of Defense, in addition to any amounts otherwise authorized to be appropriated for such purpose, $10,000,000,000, to remain available until September 30, 2028, for Department of Defense border security support to the Department of Homeland Security.

(b) Use of funds - Amounts appropriated pursuant to subsection (a) may be used for—

(1) - military personnel costs;

(2) - procurement, operation, and maintenance of surveillance systems, including autonomous surveillance towers;

(3) - intelligence analysis;

(4) - installation of fences, barriers, patrol roads, and lighting;

(5) - military aviation costs, including airlifting individuals in support of Department of Homeland Security operations;

(6) - procurement and operation of counter-UAS systems in support of Department of Homeland Security operations;

(7) - procurement of ground vehicles, including high mobility multipurpose wheeled vehicles; and

(8) - training and related expenses.

4. Transfers authorized

(a) In general - The Secretary of Defense may transfer amounts appropriated pursuant to section 3(a) for military personnel, operations, maintenance, and procurement for the same purposes as the appropriation or fund to which such amounts are transferred. The transfer authority under this subsection is in addition to any other transfer authority available to the Department of Defense.

(b) Transfers back - Upon determining that all or part of the amounts transferred pursuant to subsection (a) are not necessary for the purposes for which they were transferred, such amounts may be reallocated for the same purposes until September 30, 2028.

(c) Notification requirement - Not later than 45 days after making a transfer pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees in writing of any such transfer.

5. Rule of construction

Nothing in this Act may be construed to limit the President’s authority under the Constitution of the United States as the Commander-in-Chief of the Armed Forces.

119-S301

Border Security is National Security Act