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SEC. 2890. PLAN FOR USE OF EXCESS
CONSTRUCTION MATERIALS ON SOUTHWEST
BORDER.

(a) Plan. --Not later than 75 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a plan to use, transfer, or donate to States on the southern
border of the United States all covered materials, with prioritization
given to the refurbishment and or maintenance of ports of entry along
the southwest border and construction projects aimed at stopping illicit
human and vehicle traffic along the border of the United States with
Mexico.

(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) A detailed proposal for the disposition of such covered
materials, including a timeline for disposition and the
authorities under which such disposition shall occur.
(2) An assessment of the condition of
such materials being stored, including (if applicable) a
description of materials that have depreciated in value, become
damaged, or been lost.

[[Page 137 STAT. 786]]

(c) Requirements of Requesting States. --
Any State requesting the covered materials made available under this
section must certify, in writing, that the materials it accepts will be
exclusively used for the refurbishment or maintenance of ports of entry
along the southwest border or construction projects aimed at stopping
illicit human and vehicle traffic along the border of the United States
with Mexico.

(d) Execution of Plan.--Not later than 100 days
after the date of submission of the plan required by subsection (a), the
Secretary of Defense shall commence execution of such plan until the
date on which the Department of Defense is no longer incurring any costs
to maintain, store, or protect the covered materials.

(e) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
containing the following:
(1) A detailed description of the decision process of the
Secretary to forgo the excess property disposal process of the
Department of Defense and instead pay to store the covered
materials.
(2) A list of entities the Department is
paying for use of their privately owned land to store the
covered materials, with appropriate action taken to protect
personally identifiable information, such as by making the list
of entities available in an annex that is labeled as controlled
unclassified information.
(3) An explanation of the process through which the
Department contracted with private landowners to store the
covered materials, including whether there was a competitive
contracting process and whether the landowners have instituted
an inventory review system.
(4) A description of any investigations by the Inspector
General of the Department that have been opened related to
storing the covered materials.

(f) Definitions.--In this section, the term ``covered material''
means all remaining construction materials currently possessed by the
United States Government that were purchased under section 2808 and 284
of title 10, United States Code, from fiscal years 2017 through 2021,
including bollards and Nucor tubular square structural tubes.