Fund and Complete the Border Wall Act
This bill establishes funding for a U.S.-Mexico border barrier and revises how border patrol agents are compensated for overtime.
The Department of the Treasury shall set up an account for funding the design, construction, and maintenance of the barrier. The funds in the account are appropriated only for that purpose and for vehicles and equipment for border patrol agents.
For each fiscal year, financial assistance to a country shall be reduced by $2,000 for each citizen or national of that country apprehended for illegally entering the United States through its southern border. The reduced amount shall be transferred to the border barrier account. The Department of State may opt not to reduce amounts appropriated to Mexico for various military and law enforcement-related activities.
This bill establishes a 5% fee on foreign remittance transfers and increases the fee for the arrival/departure I-94 form for various aliens entering the United States, with part of the fees to go into the border barrier account.
By December 31, 2021, DHS shall (1) take all actions necessary, including constructing barriers, to prevent illegal crossings along the U.S.-Mexico barrier; and (2) achieve operational control over all U.S. international borders.
The bill changes how border patrol agents receive overtime pay when working up to 100 hours in a two-week period. For hours worked above 80, an agent shall receive at least 150% of the agent's regular hourly rate.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 58 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 58
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
January 4, 2021
Mr. Biggs 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 Labor, and Appropriations, 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fund and Complete the Border Wall
Act''.
SEC. 2. BORDER WALL TRUST FUND.
(a) Establishment of Fund.--At the end of subchapter III of chapter
33 of title 31, United States Code, insert the following:
``Sec. 3344. Secure the Southern Border Fund
``(a) In General.--Not later than 60 days after the date of
enactment of this section, the Secretary of the Treasury shall
establish an account in the Treasury of the United States, to be known
as the `Secure the Southern Border Fund', into which funds shall be
deposited in accordance with the Fund and Complete the Border Wall Act
and the amendments made by that Act.
``(b) Appropriation.--Funds deposited in the Secure the Southern
Border Fund shall be available until expended. Such funds are
authorized to be appropriated, and are appropriated, to the Secretary
of Homeland Security only--
``(1) to plan, design, construct, or maintain a barrier
along the international border between the United States and
Mexico; and
``(2) to purchase and maintain necessary vehicles and
equipment for U.S. Border Patrol agents.
``(c) Limitation.--Not more than 5 percent of the funds deposited
in the Secure the Southern Border Fund may be used for the purpose
described in subsection (b)(2).''.
(b) Clerical Amendment.--The table of contents for chapter 33 of
title 31, United States Code, is amended by inserting at the end the
following:
``3344. Secure the Southern Border Fund.''.
SEC. 3. BORDER CROSSING ACCOUNTABILITY AND SECURITY.
(a) Estimation of Annual Illegal Border Crossings.--Beginning with
the first fiscal year that begins after the date of the enactment of
this Act, not later than 30 days after the end of each fiscal year, the
Secretary of Homeland Security shall determine and report to the
Secretary of State and the Committees on the Judiciary of the House of
Representatives and of the Senate--
(1) the number of apprehensions that occurred during such
fiscal year of aliens who entered the United States by
illegally crossing the international land border between the
United States and Mexico; and
(2) the nationality of aliens described in paragraph (1).
(b) Reduction of Foreign Assistance.--
(1) In general.--Except as provided under paragraph (2),
the Secretary of State shall proportionately reduce the amount
of Federal financial assistance provided to a foreign state for
the fiscal year in which a report under subsection (a) is made
by a total of $2,000 for each alien described in such report
who is a citizen or national of that country.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary of State may opt not to reduce the amounts
appropriated for the Government of Mexico from the
International Military Education and Training Fund, the
International Narcotics Control and Law Enforcement Fund, and
the fund to carry out nonproliferation, anti-terrorism,
demining, and related programs and activities.
(c) Transfer of Funds To Secure the Southern Border Fund.--The
Secretary of State, in consultation with the Secretary of Homeland
Security and the Secretary of the Treasury, shall transfer funds
described in subsection (b) into the Secure the Southern Border Fund
established by the amendment made by section 2 of this Act.
SEC. 4. FEES FOR CERTAIN REMITTANCE TRANSFERS.
Section 920 of the Electronic Fund Transfer Act (relating to
remittance transfers) (15 U.S.C. 1693o-1) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Secure the Southern Border Fund Fee.--
``(1) In general.--If the designated recipient of a
remittance transfer is located outside of the United States, a
remittance transfer provider shall collect from the sender of
such remittance transfer a remittance fee equal to 5 percent of
the United States dollar amount to be transferred.
``(2) Transfer of funds.--Not later than 90 days after the
date of enactment of this subsection, the Secretary of the
Treasury, in consultation with the Bureau and remittance
transfer providers, shall develop and make available a system
for remittance transfer providers to submit the remittance fees
collected in accordance with paragraph (1) to the Secure the
Southern Border Fund established under section 3344 of title
31, United States Code.
``(3) Penalties.--
``(A) Whoever, with the intent to evade a
remittance fee to be collected in accordance with this
subsection, and who has knowledge that, at the time of
a remittance transfer, the value of the funds involved
in the transfer will be further transferred to a
recipient located outside of the United States,
requests or facilitates such remittance transfer to a
recipient located outside of the United States shall be
subject to a penalty of not more than $500,000 or twice
the value of the funds involved in the remittance
transfer, whichever is greater, or imprisonment for not
more than 20 years, or both.
``(B) Any foreign country that, in the joint
determination of the Secretary of Homeland Security,
the Secretary of the Treasury, and the Secretary of
State, aids or harbors an individual conspiring to
avoid the fee collected in accordance with this
subsection shall be ineligible to receive foreign
assistance and to participate in the visa waiver
program or any other programs, at the discretion of the
Secretaries described in this subparagraph.''.
SEC. 5. FEES FOR FORM I-94.
(a) Fee Increase.--The Secretary of Homeland Security shall
increase the fee collected for services performed in processing U.S.
Customs and Border Protection Form I-94, Arrival/Departure Record, from
$6 to $25.
(b) Disposition of Fees Collected.--Notwithstanding any other
provision of law, including section 286(q) of the Immigration and
Nationality Act (8 U.S.C. 1356(q)), all fees collected for services
performed in processing U.S. Customs and Border Protection Form I-94
shall be allocated as follows:
(1) $6 shall be deposited in the Land Border Inspection Fee
Account and used in accordance with such section 286(q).
(2) To the extent provided in advance in appropriations
Acts, $10 shall be used for salaries for U.S. Border Patrol
agents.
(3) $9 shall be deposited in the Secure the Southern Border
Fund established by the amendment made by section 2 of this
Act.
SEC. 6. CONSTRUCTION OF BORDER WALL.
(a) Improvement of Barriers at Border.--Section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Division C
of Public Law 104-208; 8 U.S.C. 1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Not later than December 31, 2021, the Secretary
of Homeland Security shall take such actions as may be necessary
(including the removal of obstacles to detection of illegal entrants)
to design, test, construct, and install physical barriers, roads, and
technology along the international land border between the United
States and Mexico to prevent illegal crossings in all areas.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``Additional fencing'' and inserting
``Fencing'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) Physical barriers.--In carrying out
subsection (a), the Secretary of Homeland Security
shall construct physical barriers, including secondary
barriers in locations where there is already a fence,
along the international land border between the United
States and Mexico that will prevent illegal entry and
will assist in gaining operational control of the
border (as defined in section 2(b) of the Secure Fence
Act of 2006 (8 U.S.C. 1701 note; Public Law 109-
367)).'';
(iii) by striking subparagraph (B) and
redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(iv) in subparagraph (B), as so
redesignated--
(I) by striking clause (i) and
inserting the following:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall, before constructing physical barriers in
a specific area or region, consult with the
Secretary of the Interior, the Secretary of
Agriculture, appropriate Federal, State, local,
and tribal governments, and appropriate private
property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed. Nothing in this paragraph should
be construed to limit the Secretary of Homeland
Security's authority to move forward with
construction after consultation.'';
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause
(i), as amended, the following new
clause:
``(ii) Notification.--Not later than 60
days after the consultation required under
clause (i), the Secretary of Homeland Security
shall notify the Committees on the Judiciary of
the House of Representatives and of the Senate,
the Committee on Homeland Security of the House
of Representatives, and the Committee on
Homeland Security and Governmental Affairs of
the Senate of the type of physical barriers,
tactical infrastructure, or technology the
Secretary has determined is most practical and
effective to achieve situational awareness and
operational control in a specific area or
region and the other alternatives the Secretary
considered before making such a
determination.''; and
(v) by striking subparagraph (C), as so
redesignated, and inserting the following:
``(C) Limitation on requirements.--Notwithstanding
subparagraph (A), nothing in this paragraph shall
require the Secretary of Homeland Security to install
fencing, physical barriers, or roads, in a particular
location along the international border between the
United States and Mexico, if the Secretary determines
that there is a pre-existing geographical barrier or
pre-constructed, impenetrable wall. The Secretary must
notify the House and Senate Committees on the
Judiciary, the House Committee on Homeland Security,
and the Senate Committee on Homeland Security and
Governmental Affairs of any decision not to install
fencing in accordance with this provision within 30
days of a determination being made.'';
(B) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``fences'' and inserting
``physical barriers and roads''; and
(C) in paragraph (3)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``additional fencing'' and
inserting ``physical barriers and roads''; and
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary, in the
Secretary's sole discretion, determines necessary to ensure the
expeditious design, testing, construction, installation,
deployment, operation, and maintenance of physical barriers,
roads, and technology under this section. Any such decision by
the Secretary shall be effective upon publication in the
Federal Register.''.
(b) Achieving Operational Control on the Border.--Subsection (a) of
section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is
amended, in the matter preceding paragraph (1), by striking ``18 months
after the date of the enactment of this Act'' and inserting ``December
31, 2021''.
SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PATROL.
(a) In General.--Section 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 207) is amended by adding at the end the following:
``(s) Employment as a Border Patrol Agent.--No public agency shall
be deemed to have violated subsection (a) with respect to the
employment of any border patrol agent (as defined in section 5550(1) of
title 5, United States Code) if, during a work period of 14 consecutive
days, the border patrol agent receives compensation at a rate that is
not less than 150 percent of the regular rate at which the agent is
employed for all hours of work from 80 hours to 100 hours. Payments
required under this section shall be in addition to any payments made
under section 5550 of title 5, United States Code, and shall be made
notwithstanding any pay limitations set forth in that title.''.
(b) Technical and Conforming Amendments.--Section 13(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by striking
paragraph (18) and redesignating paragraph (19) as paragraph (18).
SEC. 8. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act, or an
amendment made by this Act, or the application of such provision to
other persons or circumstances, shall not be affected.
<all>
Introduced in House
Introduced in House
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 Labor, and Appropriations, 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 Committees on Ways and Means, the Judiciary, Foreign Affairs, Financial Services, Education and Labor, and Appropriations, 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 Committees on Ways and Means, the Judiciary, Foreign Affairs, Financial Services, Education and Labor, and Appropriations, 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 Committees on Ways and Means, the Judiciary, Foreign Affairs, Financial Services, Education and Labor, and Appropriations, 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 Committees on Ways and Means, the Judiciary, Foreign Affairs, Financial Services, Education and Labor, and Appropriations, 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.
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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 Labor, and Appropriations, 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 Committees on Ways and Means, the Judiciary, Foreign Affairs, Financial Services, Education and Labor, and Appropriations, 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.