S. 301 — Border Security is National Security Act

This section expresses the sense of Congress that the President has authority under the Constitution, relevant federal laws—including chapter 15 of title 10, United States Code—and Department of Defense appropriations acts to direct the military to secure U.S. borders.

This section authorizes appropriations of $10 billion for the Department of Defense, in addition to other authorized amounts, to support Department of Homeland Security border security activities, with funds to remain available until September 30, 2028. Amounts 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; (6) procurement and operation of counter-unmanned aircraft systems; (7) procurement of ground vehicles, including high mobility multipurpose wheeled vehicles; and (8) training and related expenses.

This section authorizes the Secretary of Defense to transfer amounts appropriated pursuant to section 3(a) for military personnel, operations and maintenance, or procurement to other appropriations or funds for the same purposes, in addition to any other available DoD transfer authority. Transferred amounts determined to be unnecessary for those purposes may be reallocated to their original purposes through September 30, 2028. The Secretary must notify the congressional defense committees in writing of any such transfer not later than 45 days after it occurs.