Borderland Takings Defense Fund Act
This bill directs the Department of Homeland Security (DHS) to establish a fund to assist eligible individuals when the government seeks to acquire or condemn such individuals' property for the purpose of building physical barriers or roads along the U.S.-Mexico border. DHS shall not take actions toward construction of such barriers or roads until the fund is made available to eligible property owners and such owners are informed as to how to access support through the fund.
Assistance through the fund shall be limited to low-income property owners or those who lack adequate resources to secure representation against the government, as determined by DHS.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1233 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1233
To amend the Homeland Security Act of 2002 to establish a fund for
private landowners, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2019
Mrs. Demings (for herself and Mr. Thompson of Mississippi) introduced
the following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on the Judiciary, 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 amend the Homeland Security Act of 2002 to establish a fund for
private landowners, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Borderland Takings Defense Fund
Act''.
SEC. 2. DEFENSE FUND FOR PRIVATE LANDOWNERS.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890B. DEFENSE FUND FOR PRIVATE LANDOWNERS.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a fund to
assist eligible property owners whose property the Federal
Government seeks to condemn or acquire for the purpose of
constructing or installing additional physical barriers or
roads between ports of entry along the land border with Mexico.
``(2) Administration.--
``(A) Appointment.--The Officer for Civil Rights
and Civil Liberties of the Department shall appoint an
individual to serve as the administrator of the fund
established pursuant to paragraph (1).
``(B) Qualifications.--The individual appointed
under subparagraph (A) to serve as the administrator of
the fund shall be an individual who--
``(i) has at least three years of relevant
experience in pro bono legal assistance; and
``(ii) to the maximum extent practicable,
has a demonstrated record of advocacy on behalf
of litigants in actions brought by or against
the Federal Government.
``(b) Prohibition.--Notwithstanding section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note), the Secretary may not take such actions, such as the
removal of obstacles, to construct or install additional physical
barriers or roads between ports of entry along the land border with
Mexico until--
``(1) the fund described in subsection (a) is established
and made available to eligible property described in such
subsection; and
``(2) such property owners are provided information on how
to access legal support through such fund.
``(c) Eligibility.--To be eligible for assistance through the fund
referred to in subsection (a), a property owner shall--
``(1) own property along the land border with Mexico that--
``(A) is subject to the condemnation or acquisition
referred to in such subsection; or
``(B) is determined by the Administrator to be at
risk of such action; and
``(2)(A) be the head of a low-income household; or
``(B) if such property owner is not the head of a low-
income household, be determined by the administrator of the
fund to be in need of such assistance but lacking adequate
resources to secure representation against the Federal
Government.
``(d) Outreach.--The Secretary, acting through the administrator of
the fund, shall--
``(1) implement a targeted outreach strategy to identify
and communicate with eligible property owners whose property
the Federal Government seeks to condemn or acquire for the
purpose of constructing or installing additional physical
barriers or roads between ports of entry along the land border
with Mexico; and
``(2) 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 copy of such targeted
outreach strategy.
``(e) Definitions.--In this section:
``(1) Low-income household.--The term `low-income
household' means a household--
``(A) in which one or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) payments under--
``(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
``(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588); or
``(B) that has an income that, as determined by the
State in which such household is located, does not
exceed the greater of--
``(i) an amount equal to 150 percent of the
poverty level for such State; and
``(ii) an amount equal to 60 percent of the
median income for such State.
``(2) Property.--The term `property' means land, including
an estate or interest in land, including an easement or right
of way in land.
``(f) Authorization of Appropriations.--In addition to any amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $20,000,000 for each of fiscal years 2019
through 2025 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890A the following new item:
``Sec. 890B. Defense fund for private landowners.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, 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.
Referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, 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.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Immigration and Citizenship.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line