,i #aafth ,,congress #ast ,session ,h4 ,r4 #he ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai,mr4 ,biggs 7for himself1 ,mr4 ,brooks of ,alabama1 ,mr4 ,gohmert1 ,mr4 ,des,jarlais1 ,mr4 ,buck1 ,mr4 ,duncan1 ,mr4 ,king of ,iowa1 and ,mr4 ,gaetz7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,ways and ,means1 the ,judiciary1 ,foreign ,affairs1 ,financial ,services1 ,education and ,labor1 and ,appropriations1 for a period to be subsequently determined by the ,speaker1 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fund and ,complete the ,border ,wall ,act4 #b4 ,border wall trust fund 7a7 ,establishment of fund ,at the end of subchapter ,,iii of chapter #cc of title #ca1 ,united ,states ,code1 insert the following3 #ccdd4 ,secure the ,southern ,border ,fund4 7a7 ,in general ,not later than #fj days after the date of enactment of this section1 the ,secretary of the ,treasury shall establish an account in the ,treasury of the ,united ,states1 to be known as the ,secure the ,southern ,border ,fund1 into which funds shall be deposited in accordance with the ,fund and ,complete the ,border ,wall ,act and the amendments made by that ,act4 7b7 ,appropriation ,funds deposited in the ,secure the ,southern ,border ,fund shall be available until expended4 ,such funds are authorized to be appropriated1 and are appropriated1 to the ,secretary of ,homeland ,security only-- 7#a7 to plan1 design1 construct1 or maintain a barrier along the international border between the ,united ,states and ,mexico2 and 7#b7 to purchase and maintain necessary vehicles and equipment for ,u4,s4 ,border ,patrol agents4 7c7 ,limitation ,not more than #e percent of the funds deposited in the ,secure the ,southern ,border ,fund may be used for the purpose described in subsection 7b77#b74 4 7b7 ,clerical amendment ,the table of contents for chapter #cc of title #ca1 ,united ,states ,code1 is amended by inserting at the end the following3 #ccdd4 ,secure the ,southern ,border ,fund4 4 #c4 ,border crossing accountability and security 7a7 ,estimation of annual illegal border crossings ,beginning with the first fiscal year that begins after the date of the enactment of this ,act1 not later than #cj days after the end of each fiscal year1 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-- 7#a7 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 ,mexico2 and 7#b7 the nationality of aliens described in paragraph 7#a74 7b7 ,reduction of foreign assistance 7#a7 ,in general ,except as provided under paragraph 7#b71 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 7a7 is made by a total of #b1jjj for each alien described in such report who is a citizen or national of that country4 7#b7 ,exception ,notwithstanding paragraph 7#a71 the ,secretary of ,state may opt not to reduce the amounts appropriated for the ,government of ,mexico from the ,international ,military ,education and ,training ,fund1 the ,international ,narcotics ,control and ,law ,enforcement ,fund1 and the fund to carry out nonproliferation1 anti-terrorism1 demining1 and related programs and activities4 7c7 ,transfer of funds ,to ,secure the ,southern ,border ,fund ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security and the ,secretary of the ,treasury1 shall transfer funds described in subsection 7b7 into the ,secure the ,southern ,border ,fund established by the amendment made by section #b of this ,act4 #d4 ,fees for certain remittance transfers ,section #ibj of the ,electronic ,fund ,transfer ,act 7relating to remittance transfers7 7#ae ,u4,s4,c4 #afico-#a7 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,secure the ,southern ,border ,fund fee 7#a7 ,in general ,if the designated recipient of a remittance transfer is located outside of the ,united ,states1 a remittance transfer provider shall collect from the sender of such remittance transfer a remittance fee equal to #e percent of the ,united ,states dollar amount to be transferred4 7#b7 ,transfer of funds ,not later than #ij days after the date of enactment of this subsection1 the ,secretary of the ,treasury1 in consultation with the ,bureau and remittance transfer providers1 shall develop and make available a system for remittance transfer providers to submit the remittance fees collected in accordance with paragraph 7#a7 to the ,secure the ,southern ,border ,fund established under section #ccdd of title #ca1 ,united ,states ,code4 7#c7 ,penalties 7,a7 ,whoever1 with the intent to evade a remittance fee to be collected in accordance with this subsection1 and who has knowledge that1 at the time of a remittance transfer1 the value of the funds involved in the transfer will be further transferred to a recipient located outside of the ,united ,states1 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 #ejj1jjj or twice the value of the funds involved in the remittance transfer1 whichever is greater1 or imprisonment for not more than #bj years1 or both4 7,b7 ,any foreign country that1 in the joint determination of the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 and the ,secretary of ,state1 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 programs1 at the discretion of the ,secretaries described in this subparagraph4 4 #e4 ,fees for ,form ,i-#id 7a7 ,fee ,increase ,the ,secretary of ,homeland ,security shall increase the fee collected for services performed in processing ,u4,s4 ,customs and ,border ,protection ,form ,i-#id1 ,arrival_/,departure ,record1 from #f to #be4 7b7 ,disposition of fees collected ,notwithstanding any other provision of law1 including section #bhf7q7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7q771 all fees collected for services performed in processing ,u4,s4 ,customs and ,border ,protection ,form ,i-#id shall be allocated as follows3 7#a7 #f shall be deposited in the ,land ,border ,inspection ,fee ,account and used in accordance with such section #bhf7q74 7#b7 ,to the extent provided in advance in appropriations ,acts1 #aj shall be used for salaries for ,u4,s4 ,border ,patrol agents4 7#c7 #i shall be deposited in the ,secure the ,southern ,border ,fund established by the amendment made by section #b of this ,act4 #f4 ,construction of border wall 7a7 ,improvement of barriers at border ,section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,not later than ,december #ca1 #bjai1 the ,secretary of ,homeland ,security shall take such actions as may be necessary 7including the removal of obstacles to detection of illegal entrants7 to design1 test1 construct1 and install physical barriers1 roads1 and technology along the international land border between the ,united ,states and ,mexico to prevent illegal crossings in all areas4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking ,additional fencing and inserting ,fencing2 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,physical barriers ,in carrying out subsection 7a71 the ,secretary of ,homeland ,security shall construct physical barriers1 including secondary barriers in locations where there is already a fence1 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 7as defined in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note2 ,public ,law #aji-cfg774 2 7iii7 by striking subparagraph 7,b7 and redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively2 7iv7 in subparagraph 7,b71 as so redesignated-- 7,i7 by striking clause 7i7 and inserting the following3 7i7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall1 before constructing physical barriers in a specific area or region1 consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 appropriate ,federal1 ,state1 local1 and tribal governments1 and appropriate private property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed4 ,nothing in this paragraph should be construed to limit the ,secretary of ,homeland ,security's authority to move forward with construction after consultation4 2 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iii7 by inserting after clause 7i71 as amended1 the following new clause3 7ii7 ,notification ,not later than #fj days after the consultation required under clause 7i71 the ,secretary of ,homeland ,security shall notify the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate of the type of physical barriers1 tactical infrastructure1 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 determination4 2 and 7v7 by striking subparagraph 7,c71 as so redesignated1 and inserting the following3 7,c7 ,limitation on requirements ,notwithstanding subparagraph 7,a71 nothing in this paragraph shall require the ,secretary of ,homeland ,security to install fencing1 physical barriers1 or roads1 in a particular location along the international border between the ,united ,states and ,mexico1 if the ,secretary determines that there is a pre-existing geographical barrier or pre-constructed1 impenetrable wall4 ,the ,secretary must notify the ,house and ,senate ,committees on the ,judiciary1 the ,house ,committee on ,homeland ,security1 and the ,senate ,committee on ,homeland ,security and ,governmental ,affairs of any decision not to install fencing in accordance with this provision within #cj days of a determination being made4 2 7,b7 in paragraph 7#b7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 by striking fences and inserting physical barriers and roads2 and 7,c7 in paragraph 7#c7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 by striking additional fencing and inserting physical barriers and roads2 and 7#c7 in subsection 7c71 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall have the authority to waive all legal requirements the ,secretary1 in the ,secretary's sole discretion1 determines necessary to ensure the expeditious design1 testing1 construction1 installation1 deployment1 operation1 and maintenance of physical barriers1 roads1 and technology under this section4 ,any such decision by the ,secretary shall be effective upon publication in the ,federal ,register4 4 7b7 ,achieving operational control on the border ,subsection 7a7 of section #b of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note7 is amended1 in the matter preceding paragraph 7#a71 by striking #ah months after the date of the enactment of this ,act and inserting ,december #ca1 #bjai4 #g4 ,fair ,labor ,standards ,act for ,u4,s4 ,border ,patrol 7a7 ,in general ,section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 is amended by adding at the end the following3 7s7 ,employment as a border patrol agent ,no public agency shall be deemed to have violated subsection 7a7 with respect to the employment of any border patrol agent 7as defined in section #eeej7a7 of title #e1 ,united ,states ,code7 if1 during a work period of #ad consecutive days1 the border patrol agent receives compensation at a rate that is not less than #aej percent of the regular rate at which the agent is employed for all hours of work from #hj hours to #ajj hours4 ,payments required under this section shall be in addition to any payments made under section #eeej of title #e1 ,united ,states ,code1 and shall be made notwithstanding any pay limitations set forth in that title4 4 7b7 ,technical and conforming amendments ,section #ac7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77 is amended by striking paragraph 7#ah7 and redesignating paragraph 7#ai7 as paragraph 7#ah74 #h4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or an amendment made by this ,act1 or the application of such provision to other persons or circumstances1 shall not be affected4