I
119THCONGRESS
1
STSESSION H. R. 76
To establish a separate account in the Treasury to hold deposits to be
used to secure the southern border of the United States, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY3, 2025
Mr. B
IGGSof Arizona (for himself and Ms. MACE) introduced the following
bill; which was referred to the Committee on Homeland Security, and in
addition to the Committees on Ways and Means, the Judiciary, Foreign
Affairs, Financial Services, Education and Workforce, and Appropria-
tions, 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 establish a separate account in the Treasury to hold
deposits to be used to secure the southern border of
the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Fund and Complete 4
the Border Wall Act’’. 5
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SEC. 2. BORDER WALL TRUST FUND. 1
(a) E
STABLISHMENT OF FUND.—At the end of sub-2
chapter III of chapter 33 of title 31, United States Code, 3
insert the following: 4
‘‘§ 3344. Secure the Southern Border Fund 5
‘‘(a) I
NGENERAL.—Not later than 60 days after the 6
date of enactment of this section, the Secretary of the 7
Treasury shall establish an account in the Treasury of the 8
United States, to be known as the ‘Secure the Southern 9
Border Fund’, into which funds shall be deposited in ac-10
cordance with the Fund and Complete the Border Wall 11
Act and the amendments made by that Act. 12
‘‘(b) A
PPROPRIATION.—Funds deposited in the Se-13
cure the Southern Border Fund shall be available until 14
expended. Such funds are authorized to be appropriated, 15
and are appropriated, to the Secretary of Homeland Secu-16
rity only— 17
‘‘(1) to plan, design, construct, or maintain a 18
barrier along the international border between the 19
United States and Mexico; and 20
‘‘(2) to purchase and maintain necessary vehi-21
cles and equipment for U.S. Border Patrol agents. 22
‘‘(c) L
IMITATION.—Not more than 5 percent of the 23
funds deposited in the Secure the Southern Border Fund 24
may be used for the purpose described in subsection 25
(b)(2).’’. 26
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(b) CLERICALAMENDMENT.—The table of contents 1
for chapter 33 of title 31, United States Code, is amended 2
by inserting at the end the following: 3
‘‘3344. Secure the Southern Border Fund.’’.
SEC. 3. BORDER CROSSING ACCOUNTABILITY AND SECU-
4
RITY. 5
(a) E
STIMATION OF ANNUALILLEGALBORDER 6
C
ROSSINGS.—Beginning with the first fiscal year that be-7
gins after the date of the enactment of this Act, not later 8
than 30 days after the end of each fiscal year, the Sec-9
retary of Homeland Security shall determine and report 10
to the Secretary of State and the Committees on the Judi-11
ciary of the House of Representatives and of the Senate— 12
(1) the number of apprehensions that occurred 13
during such fiscal year of aliens who entered the 14
United States by illegally crossing the international 15
land border between the United States and Mexico; 16
and 17
(2) the nationality of aliens described in para-18
graph (1). 19
(b) R
EDUCTION OFFOREIGNASSISTANCE.— 20
(1) I
N GENERAL.—Except as provided under 21
paragraph (2), the Secretary of State shall propor-22
tionately reduce the amount of Federal financial as-23
sistance provided to a foreign state for the fiscal 24
year in which a report under subsection (a) is made 25
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by a total of $2,000 for each alien described in such 1
report who is a citizen or national of that country. 2
(2) E
XCEPTION.—Notwithstanding paragraph 3
(1), the Secretary of State may opt not to reduce 4
the amounts appropriated for the Government of 5
Mexico from the International Military Education 6
and Training Fund, the International Narcotics 7
Control and Law Enforcement Fund, and the fund 8
to carry out nonproliferation, anti-terrorism, de-9
mining, and related programs and activities. 10
(c) T
RANSFER OFFUNDSTOSECURE THESOUTH-11
ERNBORDERFUND.—The Secretary of State, in con-12
sultation with the Secretary of Homeland Security and the 13
Secretary of the Treasury, shall transfer funds described 14
in subsection (b) into the Secure the Southern Border 15
Fund established by the amendment made by section 2 16
of this Act. 17
SEC. 4. FEES FOR CERTAIN REMITTANCE TRANSFERS. 18
Section 920 of the Electronic Fund Transfer Act (re-19
lating to remittance transfers) (15 U.S.C. 1693o–1) is 20
amended— 21
(1) by redesignating subsection (g) as sub-22
section (h); and 23
(2) by inserting after subsection (f) the fol-24
lowing: 25
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‘‘(g) SECURE THE SOUTHERN BORDERFUND 1
F
EE.— 2
‘‘(1) I
N GENERAL.—If the designated recipient 3
of a remittance transfer is located outside of the 4
United States, a remittance transfer provider shall 5
collect from the sender of such remittance transfer 6
a remittance fee equal to 5 percent of the United 7
States dollar amount to be transferred. 8
‘‘(2) T
RANSFER OF FUNDS .—Not later than 90 9
days after the date of enactment of this subsection, 10
the Secretary of the Treasury, in consultation with 11
the Bureau and remittance transfer providers, shall 12
develop and make available a system for remittance 13
transfer providers to submit the remittance fees col-14
lected in accordance with paragraph (1) to the Se-15
cure the Southern Border Fund established under 16
section 3344 of title 31, United States Code. 17
‘‘(3) P
ENALTIES.— 18
‘‘(A) Whoever, with the intent to evade a 19
remittance fee to be collected in accordance 20
with this subsection, and who has knowledge 21
that, at the time of a remittance transfer, the 22
value of the funds involved in the transfer will 23
be further transferred to a recipient located 24
outside of the United States, requests or facili-25
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tates such remittance transfer to a recipient lo-1
cated outside of the United States shall be sub-2
ject to a penalty of not more than $500,000 or 3
twice the value of the funds involved in the re-4
mittance transfer, whichever is greater, or im-5
prisonment for not more than 20 years, or both. 6
‘‘(B) Any foreign country that, in the joint 7
determination of the Secretary of Homeland Se-8
curity, the Secretary of the Treasury, and the 9
Secretary of State, aids or harbors an indi-10
vidual conspiring to avoid the fee collected in 11
accordance with this subsection shall be ineli-12
gible to receive foreign assistance and to par-13
ticipate in the visa waiver program or any other 14
programs, at the discretion of the Secretaries 15
described in this subparagraph.’’. 16
SEC. 5. FEES FOR FORM I–94. 17
(a) F
EEINCREASE.—The Secretary of Homeland Se-18
curity shall increase the fee collected for services per-19
formed in processing U.S. Customs and Border Protection 20
Form I–94, Arrival/Departure Record, from $6 to $25. 21
(b) D
ISPOSITION OFFEESCOLLECTED.—Notwith-22
standing any other provision of law, including section 23
286(q) of the Immigration and Nationality Act (8 U.S.C. 24
1356(q)), all fees collected for services performed in proc-25
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essing U.S. Customs and Border Protection Form I–94 1
shall be allocated as follows: 2
(1) $6 shall be deposited in the Land Border 3
Inspection Fee Account and used in accordance with 4
such section 286(q). 5
(2) To the extent provided in advance in appro-6
priations Acts, $10 shall be used for salaries for 7
U.S. Border Patrol agents. 8
(3) $9 shall be deposited in the Secure the 9
Southern Border Fund established by the amend-10
ment made by section 2 of this Act. 11
SEC. 6. CONSTRUCTION OF BORDER WALL. 12
(a) I
MPROVEMENT OF BARRIERS ATBORDER.—Sec-13
tion 102 of the Illegal Immigration Reform and Immi-14
grant Responsibility Act of 1996 (division C of Public Law 15
104–208; 8 U.S.C. 1103 note) is amended— 16
(1) by amending subsection (a) to read as fol-17
lows: 18
‘‘(a) I
NGENERAL.—Not later than December 31, 19
2025, the Secretary of Homeland Security shall take such 20
actions as may be necessary (including the removal of ob-21
stacles to detection of illegal entrants) to design, test, con-22
struct, and install physical barriers, roads, and technology 23
along the international land border between the United 24
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States and Mexico to prevent illegal crossings in all 1
areas.’’; 2
(2) in subsection (b)— 3
(A) in paragraph (1)— 4
(i) in the paragraph heading, by strik-5
ing ‘‘A
DDITIONAL FENCING’’ and inserting 6
‘‘F
ENCING’’; 7
(ii) by striking subparagraph (A) and 8
inserting the following: 9
‘‘(A) P
HYSICAL BARRIERS.—In carrying 10
out subsection (a), the Secretary of Homeland 11
Security shall construct physical barriers, in-12
cluding secondary barriers in locations where 13
there is already a fence, along the international 14
land border between the United States and 15
Mexico that will prevent illegal entry and will 16
assist in gaining operational control of the bor-17
der (as defined in section 2(b) of the Secure 18
Fence Act of 2006 (8 U.S.C. 1701 note; Public 19
Law 109–367)).’’; 20
(iii) by striking subparagraph (B) and 21
redesignating subparagraphs (C) and (D) 22
as subparagraphs (B) and (C), respec-23
tively; 24
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(iv) in subparagraph (B), as so redes-1
ignated— 2
(I) by striking clause (i) and in-3
serting the following: 4
‘‘(i) I
N GENERAL.—In carrying out 5
this section, the Secretary of Homeland 6
Security shall, before constructing physical 7
barriers in a specific area or region, con-8
sult with the Secretary of the Interior, the 9
Secretary of Agriculture, appropriate Fed-10
eral, State, local, and Tribal governments, 11
and appropriate private property owners in 12
the United States to minimize the impact 13
on the environment, culture, commerce, 14
and quality of life for the communities and 15
residents located near the sites at which 16
such physical barriers are to be con-17
structed. Nothing in this paragraph should 18
be construed to limit the Secretary of 19
Homeland Security’s authority to move 20
forward with construction after consulta-21
tion.’’; 22
(II) by redesignating clause (ii) 23
as clause (iii); and 24
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(III) by inserting after clause (i), 1
as amended, the following new clause: 2
‘‘(ii) N
OTIFICATION.—Not later than 3
60 days after the consultation required 4
under clause (i), the Secretary of Home-5
land Security shall notify the Committees 6
on the Judiciary of the House of Rep-7
resentatives and of the Senate, the Com-8
mittee on Homeland Security of the House 9
of Representatives, and the Committee on 10
Homeland Security and Governmental Af-11
fairs of the Senate of the type of physical 12
barriers, tactical infrastructure, or tech-13
nology the Secretary has determined is 14
most practical and effective to achieve situ-15
ational awareness and operational control 16
in a specific area or region and the other 17
alternatives the Secretary considered be-18
fore making such a determination.’’; and 19
(v) by striking subparagraph (C), as 20
so redesignated, and inserting the fol-21
lowing: 22
‘‘(C) L
IMITATION ON REQUIREMENTS .— 23
Notwithstanding subparagraph (A), nothing in 24
this paragraph shall require the Secretary of 25
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Homeland Security to install fencing, physical 1
barriers, or roads in a particular location along 2
the international border between the United 3
States and Mexico, if the Secretary determines 4
there is a pre-existing geographical barrier or 5
pre-constructed, impenetrable wall. The Sec-6
retary shall notify the Committees on the Judi-7
ciary of the House of Representatives and the 8
Senate, the Committee on Homeland Security 9
of the House of Representatives, and the Com-10
mittee on Homeland Security and Govern-11
mental Affairs of the Senate of any decision not 12
to install fencing in accordance with this provi-13
sion within 30 days of such a determination 14
being made.’’; 15
(B) in paragraph (2)— 16
(i) by striking ‘‘Attorney General’’ 17
and inserting ‘‘Secretary of Homeland Se-18
curity’’; and 19
(ii) by striking ‘‘fences’’ and inserting 20
‘‘physical barriers and roads’’; and 21
(C) in paragraph (3)— 22
(i) by striking ‘‘Attorney General’’ 23
and inserting ‘‘Secretary of Homeland Se-24
curity’’; and 25
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(ii) by striking ‘‘additional fencing’’ 1
and inserting ‘‘physical barriers and 2
roads’’; and 3
(3) in subsection (c), by amending paragraph 4
(1) to read as follows: 5
‘‘(1) I
N GENERAL.—Notwithstanding any other 6
provision of law, the Secretary of Homeland Security 7
shall have the authority to waive all legal require-8
ments the Secretary, in the Secretary’s sole discre-9
tion, determines necessary to ensure the expeditious 10
design, testing, construction, installation, deploy-11
ment, operation, and maintenance of physical bar-12
riers, roads, and technology under this section. Any 13
such decision by the Secretary shall be effective 14
upon publication in the Federal Register.’’. 15
(b) A
CHIEVINGOPERATIONALCONTROL ON THE 16
B
ORDER.—Subsection (a) of section 2 of the Secure Fence 17
Act of 2006 (8 U.S.C. 1701 note) is amended, in the mat-18
ter preceding paragraph (1), by striking ‘‘18 months after 19
the date of the enactment of this Act’’ and inserting ‘‘De-20
cember 31, 2025’’. 21
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SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PA-1
TROL. 2
(a) I
NGENERAL.—Section 7 of the Fair Labor 3
Standards Act of 1938 (29 U.S.C. 207) is amended by 4
adding at the end the following: 5
‘‘(r) E
MPLOYMENT AS A BORDERPATROLAGENT.— 6
No public agency shall be deemed to have violated sub-7
section (a) with respect to the employment of any Border 8
Patrol agent (as defined in section 5550 of title 5, United 9
States Code) if, during a work period of 14 consecutive 10
days, the Border Patrol agent receives compensation at 11
a rate that is not less than 150 percent of the regular 12
rate at which the agent is employed for all hours of work 13
from 80 hours to 100 hours. Payments required under this 14
section shall be in addition to any payments made under 15
such section, and shall be made notwithstanding any pay 16
limitations set forth in such title.’’. 17
(b) T
ECHNICAL ANDCONFORMINGAMENDMENTS.— 18
Section 13(a) of the Fair Labor Standards Act of 1938 19
(29 U.S.C. 213(a)) is amended by striking paragraph (18) 20
and redesignating paragraph (19) as paragraph (18). 21
SEC. 8. SEVERABILITY. 22
If any provision of this Act, or an amendment made 23
by this Act, or the application of such provision or amend-24
ment to any person or circumstance, is held to be invalid, 25
the remainder of this Act, or an amendment made by this 26
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Act, or the application of such provision to other persons 1
or circumstances, shall not be affected. 2
Æ
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