I 

118TH CONGRESS 

2D SESSION H. R. 7229 

To appropriate $25,000,000,000 for the construction of a border wall between 

the United States and Mexico, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2024 

Mr. GALLAGHER introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Homeland Security, Energy and Commerce, Financial Services, the Judiciary, 

Agriculture, 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 appropriate $25,000,000,000 for the construction of a 

border wall between the United States and Mexico, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘WALL Act of 2024’’. 

5 SEC. 2. MANDATORY SPENDING FOR BORDER WALL. 

6 (a) IN GENERAL.—There is appropriated 

7 $25,000,000,000 for the purpose of constructing a physVerDate Sep 11 2014 00:01 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7229.IH H7229

kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 7229 IH

1 ical barrier along the southern border of the United 

2 States. 

3 (b) AVAILABILITY.—Amounts appropriated under 

4 subsection (a) shall remain available until expended for 

5 the purpose described in subsection (a). 

6 SEC. 3. OFFSETS. 

7 (a) ELIGIBILITY FOR CHILD TAX CREDIT.— 

8 (1) IN GENERAL.—Section 24(e) of the Internal 

9 Revenue Code of 1986 is amended to read as fol10 lows: 

11 ‘‘(e) IDENTIFICATION REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—No credit shall be allowed 

13 under this section to a taxpayer with respect to any 

14 qualifying child unless the taxpayer includes on the 

15 return of tax for the taxable year— 

16 ‘‘(A) the name of such qualifying child, 

17 and 

18 ‘‘(B) the valid identification number of the 

19 taxpayer (and, in the case of a joint return, the 

20 taxpayer’s spouse) and such qualifying child. 

21 ‘‘(2) VALID IDENTIFICATION NUMBER.— 

22 ‘‘(A) IN GENERAL.—For purposes of this 

23 subsection, the term ‘valid identification num24 ber’ means— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 7229 IH

1 ‘‘(i) in the case of the taxpayer and 

2 any spouse of the taxpayer, a social secu3 rity number issued to the individual by the 

4 Social Security Administration on or before 

5 the due date for filing the return for the 

6 taxable year, and 

7 ‘‘(ii) in the case of a qualifying child, 

8 a social security number issued to such 

9 child by the Social Security Administration 

10 on or before the due date for filing such 

11 return. 

12 ‘‘(B) EXCEPTION FOR INDIVIDUALS PRO13 HIBITED FROM ENGAGING IN EMPLOYMENT IN

14 UNITED STATES.—For purposes of subpara15 graph (A)(i) and subsection (h)(4)(C), the term 

16 ‘social security number’ shall not include the so17 cial security number of an individual who is 

18 prohibited from engaging in employment in the 

19 United States.’’. 

20 (2) CONFORMING AMENDMENTS.—Subsection 

21 (h) of section 24 of the Internal Revenue Code of 

22 1986 is amended— 

23 (A) in paragraph (1), by striking ‘‘(7)’’ 

24 and inserting ‘‘(6)’’, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 7229 IH

1 (B) in paragraph (4), by amending sub2 paragraph (C) to read as follows: 

3 ‘‘(C) SOCIAL SECURITY NUMBER RE4 QUIRED.—Subparagraph (A) shall not apply 

5 with respect to any dependent of the taxpayer 

6 unless the taxpayer includes on the return of 

7 tax for the taxable year, for both the taxpayer 

8 and the dependent, a social security number 

9 issued to each such individual by the Social Se10 curity Administration on or before the due date 

11 for filing such return.’’, and 

12 (C) by striking paragraph (7). 

13 (3) EFFECTIVE DATE.—The amendments made 

14 by this subsection shall apply to taxable years end15 ing after the date of the enactment of this Act. 

16 (b) INDIVIDUALS PROHIBITED FROM ENGAGING IN

17 EMPLOYMENT IN UNITED STATES NOT ELIGIBLE FOR

18 EARNED INCOME TAX CREDIT.— 

19 (1) IN GENERAL.—Subsection (m) of section 32 

20 of the Internal Revenue Code of 1986 is amended to 

21 read as follows: 

22 ‘‘(m) IDENTIFICATION NUMBERS.— 

23 ‘‘(1) IN GENERAL.—Solely for purposes of sub24 sections (c)(1)(E) and (c)(3)(D), a taxpayer identi25 fication number means a social security number 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 7229 IH

1 issued to an individual by the Social Security Ad2 ministration on or before the due date for filing the 

3 return for the taxable year. 

4 ‘‘(2) EXCEPTION FOR INDIVIDUALS PROHIB5 ITED FROM ENGAGING IN EMPLOYMENT IN UNITED

6 STATES.—For purposes of paragraph (1), in the 

7 case of subsection (c)(1)(E), the term ‘social security 

8 number’ shall not include the social security number 

9 of an individual who is prohibited from engaging in 

10 employment in the United States.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by this subsection shall apply to taxable years end13 ing after the date of the enactment of this Act. 

14 (c) IDENTIFICATION REQUIREMENT FOR AMERICAN

15 OPPORTUNITY AND LIFETIME LEARNING CREDITS.— 

16 (1) IN GENERAL.—Section 25A(g)(1) of the In17 ternal Revenue Code of 1986 is amended by adding 

18 at the end the following new subparagraph: 

19 ‘‘(C) SOCIAL SECURITY NUMBER RE20 QUIRED.— 

21 ‘‘(i) IN GENERAL.—For purposes of 

22 this paragraph, the term ‘taxpayer identi23 fication number’ means a social security 

24 number issued to an individual by the So25 cial Security Administration. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 7229 IH

1 ‘‘(ii) EXCEPTION FOR INDIVIDUALS

2 PROHIBITED FROM ENGAGING IN EMPLOY3 MENT IN UNITED STATES.—For purposes 

4 of clause (i), the term ‘social security num5 ber’ shall not include the social security 

6 number of an individual who is prohibited 

7 from engaging in employment in the 

8 United States.’’. 

9 (2) EFFECTIVE DATE.—The amendment made 

10 by this subsection shall apply to all taxable years 

11 ending after the date of the enactment of this Act. 

12 (d) FEES FOR FILING A TAX RETURN USING AN

13 ITIN.— 

14 (1) IN GENERAL.—Section 6109(i) of the Inter15 nal Revenue Code of 1986 is amended by adding at 

16 the end the following new paragraph: 

17 ‘‘(5) FEE FOR FILING TAX RETURN USING AN

18 ITIN.— 

19 ‘‘(A) IN GENERAL.—In the case of any in20 dividual income tax return filed by a taxpayer 

21 residing in the United States, the Secretary 

22 shall require the taxpayer to pay a fee for each 

23 such return filed in an amount equal to the 

24 product of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 7229 IH

1 ‘‘(i) the total number of individuals 

2 included on such return (including any 

3 spouse or dependent of the taxpayer) with 

4 respect to whom an individual taxpayer 

5 identification number has been issued, 

6 multiplied by 

7 ‘‘(ii) $300. 

8 ‘‘(B) EXCEPTION.—Subparagraph (A) 

9 shall not apply to any individual who has re10 ported to the Secretary that their social security 

11 number has been subject to theft, misuse, or 

12 misappropriation by another person.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

14 by this subsection shall apply to returns the due 

15 date for which (determined without regard to exten16 sions) is after the date of the enactment of this Act. 

17 (e) ENSURING VALIDITY OF SOCIAL SECURITY NUM18 BERS.— 

19 (1) IN GENERAL.—Section 6109 of the Internal 

20 Revenue Code of 1986 is amended by inserting after 

21 subsection (d) the following new subsection: 

22 ‘‘(e) CONFIRMATION OF SOCIAL SECURITY NUM23 BERS.—For purposes of paragraphs (1) and (3) of sub24 section (a), the Secretary, in coordination with the Com25 missioner of Social Security, shall verify that any social 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 7229 IH

1 security account number submitted by a person, or with 

2 respect to another person, in any return, statement, or 

3 other document is— 

4 ‘‘(1) the correct social security account number 

5 as issued to such person by the Commissioner of So6 cial Security, and 

7 ‘‘(2) valid and otherwise unexpired as of the 

8 date of submission of such return, statement, or 

9 other document.’’. 

10 (2) EFFECTIVE DATE.—The amendment made 

11 by this subsection shall apply to returns, statements, 

12 and other documents submitted after the date of the 

13 enactment of this Act. 

14 (f) REQUIRING AGENCIES TO USE E–VERIFY TO

15 CONFIRM SATISFACTORY IMMIGRATION STATUS FOR ELI16 GIBILITY FOR CERTAIN FEDERALLY FUNDED BENE17 FITS.— 

18 (1) IN GENERAL.—Section 1137(a) of the So19 cial Security Act (42 U.S.C. 1320b–7(a)) is amend20 ed— 

21 (A) in paragraph (6), by striking ‘‘; and’’ 

22 and inserting a semicolon; 

23 (B) in paragraph (7), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 7229 IH

1 ‘‘(8) with respect to any applicant for, or recipi2 ent of, benefits under a program listed in subsection 

3 (b) who is a noncitizen and whose eligibility for such 

4 benefits is conditional upon such applicant or recipi5 ent having an immigration status that allows the ap6 plicant or recipient to work in the United States, the 

7 State agency administering such program shall use 

8 the employment eligibility confirmation program de9 scribed in section 403(a) of the Illegal Immigration 

10 Reform and Immigrant Responsibility Act of 1996 

11 (8 U.S.C. 1324a note) (also known as ‘E–Verify’) to 

12 confirm that such applicant or recipient has such 

13 status, and shall deny eligibility for such benefits to 

14 any such applicant or recipient who does not have 

15 such status.’’. 

16 (2) FEDERAL HOUSING PROGRAMS.— 

17 (A) Section 8(o)(6) of the United States 

18 Housing Act of 1937 (42 U.S.C. 1437f(o)(6)) is 

19 amended by adding at the end the following: 

20 ‘‘(D) VERIFICATION OF IMMIGRATION STA21 TUS.—For each dwelling unit for which a hous22 ing assistance payment contract is established 

23 under this subsection, the public housing agen24 cy shall, with respect to any prospective tenant 

25 of the dwelling unit who is a noncitizen and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 7229 IH

1 whose eligibility for assistance is conditional 

2 upon the tenant having an immigration status 

3 that allows the tenant to work in the United 

4 States, use the employment eligibility confirma5 tion program described in section 403(a) of the 

6 Illegal Immigration Reform and Immigrant Re7 sponsibility Act of 1996 (8 U.S.C. 1324a note) 

8 (commonly known as ‘E–Verify’) to confirm 

9 that the tenant has such status and shall deny 

10 eligibility for such assistance to any tenant who 

11 does not have such status.’’. 

12 (B) Section 8(o)(13) of the United States 

13 Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) 

14 is amended by adding at the end the following: 

15 ‘‘(P) VERIFICATION OF IMMIGRATION STA16 TUS.—For each dwelling unit in a project for 

17 which a housing assistance payment contract is 

18 established under this subsection, the public 

19 housing agency shall, with respect to any pro20 spective tenant of the dwelling unit who is a 

21 noncitizen and whose eligibility for assistance is 

22 conditional upon the tenant having an immigra23 tion status that allows the tenant to work in the 

24 United States, use the employment eligibility 

25 confirmation program described in section 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 7229 IH

1 403(a) of the Illegal Immigration Reform and 

2 Immigrant Responsibility Act of 1996 (8 U.S.C. 

3 1324a note) (commonly known as ‘E–Verify’) 

4 to confirm that the tenant has such status and 

5 shall deny eligibility for such assistance to any 

6 tenant who does not have such status.’’. 

7 (C) Section 3(a) of the United States 

8 Housing Act of 1937 (42 U.S.C. 1437a(a)) is 

9 amended by adding at the end the following: 

10 ‘‘(9) VERIFICATION OF IMMIGRATION STA11 TUS.—For each public housing dwelling unit owned, 

12 assisted, or operated by a public housing agency, the 

13 public housing agency shall, with respect to any pro14 spective tenant of the dwelling unit who is a noncit15 izen and whose eligibility for assistance is condi16 tional upon the tenant having an immigration status 

17 that allows the tenant to work in the United States, 

18 use the employment eligibility confirmation program 

19 described in section 403(a) of the Illegal Immigra20 tion Reform and Immigrant Responsibility Act of 

21 1996 (8 U.S.C. 1324a note) (commonly known as 

22 ‘E–Verify’) to confirm that the tenant has such sta23 tus and shall deny eligibility for such assistance to 

24 any tenant who does not have such status.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 7229 IH

1 (D) Section 202(i) of the Housing Act of 

2 1959 (12 U.S.C. 1701q(i)) is amended by add3 ing at the end the following: 

4 ‘‘(3) VERIFICATION OF IMMIGRATION STA5 TUS.—For each dwelling unit assisted under this 

6 section, the owner shall, with respect to any prospec7 tive tenant of the dwelling unit who is a noncitizen 

8 and whose eligibility for assistance is conditional 

9 upon the tenant having an immigration status that 

10 allows the tenant to work in the United States, use 

11 the employment eligibility confirmation program de12 scribed in section 403(a) of the Illegal Immigration 

13 Reform and Immigrant Responsibility Act of 1996 

14 (8 U.S.C. 1324a note) (commonly known as ‘E– 

15 Verify’) to confirm that the tenant has such status 

16 and shall deny eligibility for such assistance to any 

17 tenant who does not have such status.’’. 

18 (E) Section 811(i)(1) of the Cranston-Gon19 zalez National Affordable Housing Act (42 

20 U.S.C. 8013(i)(1)) is amended by adding at the 

21 end the following: 

22 ‘‘(E) VERIFICATION OF IMMIGRATION STA23 TUS.—For each dwelling unit assisted under 

24 this section, the owner shall, with respect to 

25 any prospective tenant of the dwelling unit who 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 7229 IH

1 is a noncitizen and whose eligibility for assist2 ance is conditional upon the tenant having an 

3 immigration status that allows the tenant to 

4 work in the United States, use the employment 

5 eligibility confirmation program described in 

6 section 403(a) of the Illegal Immigration Re7 form and Immigrant Responsibility Act of 1996 

8 (8 U.S.C. 1324a note) (commonly known as 

9 ‘E–Verify’) to confirm that the tenant has such 

10 status and shall deny eligibility for such assist11 ance to any tenant who does not have such sta12 tus.’’. 

13 (3) RULEMAKING.— 

14 (A) IN GENERAL.—The Secretary of Agri15 culture, the Secretary of Health and Human 

16 Services, and the Secretary of Labor shall pro17 mulgate rules to implement section 1137(a)(8) 

18 of the Social Security Act, as added by para19 graph (1), which requires the use of E–Verify 

20 to verify applicant eligibility for certain pro21 grams administered by their respective depart22 ments. 

23 (B) HOUSING PROGRAMS.—The Secretary 

24 of Housing and Urban Development shall pro25 mulgate rules to implement amendments made 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 7229 IH

1 by subparagraphs (A) through (E) of para2 graph (2), which require the use of E–Verify to 

3 verify tenant eligibility for housing assistance 

4 programs administered by the Department of 

5 Housing and Urban Development. 

6 (4) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall take effect on the date of en8 actment of this Act. 

9 SEC. 4. MINIMUM FINES FOR ILLEGAL ENTRY AND OVER10 STAY. 

11 (a) ILLEGAL ENTRY.—Chapter 8 of title II of the Im12 migration and Nationality Act (8 U.S.C. 1321 et seq.) is 

13 amended— 

14 (1) in section 275 (8 U.S.C. 1325)— 

15 (A) in subsection (a)— 

16 (i) by striking ‘‘(1)’’; 

17 (ii) by striking ‘‘or (2)’’; 

18 (iii) by striking ‘‘(3)’’; and 

19 (iv) by striking ‘‘shall, for’’ and all 

20 that follows and inserting the following: 

21 ‘‘shall— 

22 ‘‘(1) for the first commission of any such of23 fense, be fined in accordance with subsection (b), 

24 imprisoned not more than 6 months, or both; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 7229 IH

1 ‘‘(2) for a subsequent commission of any such 

2 offense, be fined in accordance with subsection (b), 

3 imprisoned not more than 2 years, or both.’’; and 

4 (B) in subsection (b)— 

5 (i) by inserting ‘‘(1)’’ before ‘‘Any 

6 alien’’; 

7 (ii) by striking ‘‘civil penalty of’’ and 

8 all that follows through the period at the 

9 end of paragraph (2) and inserting ‘‘civil 

10 penalty in an amount equal to not less 

11 than $3,000 and not more than $10,000.’’; 

12 and 

13 (iii) in the undesignated matter at the 

14 end, by striking ‘‘Civil penalties’’ and in15 serting the following: 

16 ‘‘(2) Civil penalties’’; and 

17 (2) in section 276 (8 U.S.C. 1326), by amend18 ing subsection (a) to read as follows: 

19 ‘‘(a)(1) Subject to paragraph (2) and subsection (b), 

20 any alien who, after being denied admission, excluded, de21 ported, or removed or after departing the United States 

22 while an order of exclusion, deportation, or removal is out23 standing, enters, attempts to enter, or is at any time found 

24 in, the United States, shall be subject to a civil penalty 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 7229 IH

1 in an amount equal to not less than $3,000 and not more 

2 than $10,000. 

3 ‘‘(2) Notwithstanding paragraph (1), an alien de4 scribed in such paragraph shall not be subject to the civil 

5 penalty described in such paragraph if— 

6 ‘‘(A) before reembarking at a place outside the 

7 United States or applying for admission from a for8 eign contiguous territory, the Secretary of Homeland 

9 Security has expressly consented to such alien’s re10 applying for admission; or 

11 ‘‘(B) with respect to an alien previously denied 

12 admission and removed, such alien establishes that 

13 he or she was not required to obtain such advance 

14 consent under this Act.’’. 

15 (b) OVERSTAY.—Section 222(g) of the Immigration 

16 and Nationality Act (8 U.S.C. 1202(g)) is amended by 

17 adding at the end the following: 

18 ‘‘(3) An alien described in paragraph (1) shall be sub19 ject to a civil penalty in an amount equal to the product 

20 of $50 multiplied by the number of months that the alien 

21 remained in the United States beyond the alien’s author22 ized period of stay.’’. 

23 SEC. 5. BORDER WALL CONSTRUCTION. 

24 (a) IN GENERAL.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 7229 IH

1 (1) IMMEDIATE RESUMPTION OF BORDER WALL

2 CONSTRUCTION.—Not later than seven days after 

3 the date of the enactment of this Act, the Secretary 

4 shall resume all activities related to the construction 

5 of the border wall along the border between the 

6 United States and Mexico that were underway or 

7 being planned for prior to January 20, 2021. 

8 (2) USE OF FUNDS.—To carry out this section, 

9 the Secretary shall expend all unexpired funds ap10 propriated or explicitly obligated for the construction 

11 of the border wall that were appropriated or obli12 gated, as the case may be, for use beginning on Oc13 tober 1, 2019, including pursuant to section 2(a). 

14 (3) USE OF MATERIALS.—Any unused materials 

15 purchased before the date of the enactment of this 

16 Act for construction of the border wall may be used 

17 for activities related to the construction of the bor18 der wall in accordance with paragraph (1). 

19 (b) PLAN TO COMPLETE TACTICAL INFRASTRUC20 TURE AND TECHNOLOGY.—Not later than 90 days after 

21 the date of the enactment of this Act and annually there22 after until construction of the border wall has been com23 pleted, the Secretary shall submit to the appropriate con24 gressional committees an implementation plan, including 

25 annual benchmarks for the construction of 200 miles of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 7229 IH

1 such wall and associated cost estimates for satisfying all 

2 requirements of the construction of the border wall, in3 cluding installation and deployment of tactical infrastruc4 ture, technology, and other elements as identified by the 

5 Department prior to January 20, 2021, through the ex6 penditure of funds appropriated or explicitly obligated, as 

7 the case may be, for use, as well as any future funds ap8 propriated or otherwise made available by Congress. 

9 (c) DEFINITIONS.—In this section: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on Homeland Secu13 rity and the Committee on Appropriations of the 

14 House of Representatives and the Committee on 

15 Homeland Security and Governmental Affairs and 

16 the Committee on Appropriations of the Senate. 

17 (2) DEPARTMENT.—The term ‘‘Department’’ 

18 means the Department of Homeland Security. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Homeland Security. 

21 (4) TACTICAL INFRASTRUCTURE.—The term 

22 ‘‘tactical infrastructure’’ includes boat ramps, access 

23 gates, checkpoints, lighting, and roads associated 

24 with a border wall. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 7229 IH

1 (5) TECHNOLOGY.—The term ‘‘technology’’ in2 cludes border surveillance and detection technology, 

3 including linear ground detection systems, associated 

4 with a border wall. 

5 SEC. 6. STRENGTHENING THE REQUIREMENTS FOR BAR6 RIERS ALONG THE SOUTHERN BORDER. 

7 Section 102 of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (Division C of Pub9 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

10 (1) by amending subsection (a) to read as fol11 lows: 

12 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se13 curity shall take such actions as may be necessary (includ14 ing the removal of obstacles to detection of illegal en15 trants) to design, test, construct, install, deploy, integrate, 

16 and operate physical barriers, tactical infrastructure, and 

17 technology in the vicinity of the southwest border to 

18 achieve situational awareness and operational control of 

19 the southwest border and deter, impede, and detect unlaw20 ful activity.’’; 

21 (2) in subsection (b)— 

22 (A) in the subsection heading, by striking 

23 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in24 serting ‘‘PHYSICAL BARRIERS’’; 

25 (B) in paragraph (1)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 7229 IH

1 (i) in the heading, by striking ‘‘FENC2 ING’’ and inserting ‘‘BARRIERS’’; 

3 (ii) by amending subparagraph (A) to 

4 read as follows: 

5 ‘‘(A) REINFORCED BARRIERS.—In carrying 

6 out this section, the Secretary of Homeland Se7 curity shall construct a border wall, including 

8 physical barriers, tactical infrastructure, and 

9 technology, along not fewer than 900 miles of 

10 the southwest border until situational aware11 ness and operational control of the southwest 

12 border is achieved.’’; 

13 (iii) by amending subparagraph (B) to 

14 read as follows: 

15 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL

16 INFRASTRUCTURE.—In carrying out this sec17 tion, the Secretary of Homeland Security shall 

18 deploy along the southwest border the most 

19 practical and effective physical barriers, tactical 

20 infrastructure, and technology available for 

21 achieving situational awareness and operational 

22 control of the southwest border.’’; 

23 (iv) in subparagraph (C)— 

24 (I) by amending clause (i) to 

25 read as follows: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 7229 IH

1 ‘‘(i) IN GENERAL.—In carrying out 

2 this section, the Secretary of Homeland 

3 Security shall consult with the Secretary of 

4 the Interior, the Secretary of Agriculture, 

5 appropriate representatives of State, Trib6 al, and local governments, and appropriate 

7 private property owners in the United 

8 States to minimize the impact on natural 

9 resources, commerce, and sites of historical 

10 or cultural significance for the commu11 nities and residents located near the sites 

12 at which physical barriers, tactical infra13 structure, and technology are to be con14 structed. Such consultation may not delay 

15 such construction for longer than seven 

16 days.’’; and 

17 (II) in clause (ii)— 

18 (aa) in subclause (I), by 

19 striking ‘‘or’’ after the semicolon 

20 at the end; 

21 (bb) by amending subclause 

22 (II) to read as follows: 

23 ‘‘(II) delay the transfer to the 

24 United States of the possession of 

25 property or affect the validity of any 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 7229 IH

1 property acquisition by the United 

2 States by purchase or eminent do3 main, or to otherwise affect the emi4 nent domain laws of the United States 

5 or of any State; or’’; and 

6 (cc) by adding at the end 

7 the following new subclause: 

8 ‘‘(III) create any right or liability 

9 for any party.’’; and 

10 (v) by striking subparagraph (D); 

11 (C) in paragraph (2)— 

12 (i) by striking ‘‘Attorney General’’ 

13 and inserting ‘‘Secretary of Homeland Se14 curity’’; 

15 (ii) by striking ‘‘this subsection’’ and 

16 inserting ‘‘this section’’; and 

17 (iii) by striking ‘‘construction of 

18 fences’’ and inserting ‘‘the construction of 

19 physical barriers, tactical infrastructure, 

20 and technology’’; 

21 (D) by amending paragraph (3) to read as 

22 follows: 

23 ‘‘(3) AGENT SAFETY.—In carrying out this sec24 tion, the Secretary of Homeland Security, when de25 signing, testing, constructing, installing, deploying, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 7229 IH

1 integrating, and operating physical barriers, tactical 

2 infrastructure, or technology, shall incorporate such 

3 safety features into such design, test, construction, 

4 installation, deployment, integration, or operation of 

5 such physical barriers, tactical infrastructure, or 

6 technology, as the case may be, that the Secretary 

7 determines are necessary to maximize the safety and 

8 effectiveness of officers and agents of the Depart9 ment of Homeland Security or of any other Federal 

10 agency deployed in the vicinity of such physical bar11 riers, tactical infrastructure, or technology.’’; and 

12 (E) in paragraph (4), by striking ‘‘this 

13 subsection’’ and inserting ‘‘this section’’; 

14 (3) in subsection (c)— 

15 (A) by amending paragraph (1) to read as 

16 follows: 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, the Secretary of Homeland Security 

19 shall waive all legal requirements necessary to en20 sure the expeditious design, testing, construction, in21 stallation, deployment, integration, operation, and 

22 maintenance of the physical barriers, tactical infra23 structure, and technology under this section. The 

24 Secretary shall ensure the maintenance and effec25 tiveness of such physical barriers, tactical infrastrucVerDate Sep 11 2014 00:01 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H7229.IH H7229

kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 7229 IH

1 ture, or technology. Any such action by the Sec2 retary shall be effective upon publication in the Fed3 eral Register.’’; 

4 (B) by redesignating paragraph (2) as 

5 paragraph (3); and 

6 (C) by inserting after paragraph (1) the 

7 following new paragraph: 

8 ‘‘(2) NOTIFICATION.—Not later than seven 

9 days after the date on which the Secretary of Home10 land Security exercises a waiver pursuant to para11 graph (1), the Secretary shall notify the Committee 

12 on Homeland Security of the House of Representa13 tives and the Committee on Homeland Security and 

14 Governmental Affairs of the Senate of such waiver.’’; 

15 and 

16 (4) by adding at the end the following new sub17 sections: 

18 ‘‘(e) TECHNOLOGY.—In carrying out this section, the 

19 Secretary of Homeland Security shall deploy along the 

20 southwest border the most practical and effective tech21 nology available for achieving situational awareness and 

22 operational control. 

23 ‘‘(f) DEFINITIONS.—In this section: 

24 ‘‘(1) ADVANCED UNATTENDED SURVEILLANCE

25 SENSORS.—The term ‘advanced unattended surveilVerDate Sep 11 2014 00:01 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H7229.IH H7229

kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 7229 IH

1 lance sensors’ means sensors that utilize an onboard 

2 computer to analyze detections in an effort to dis3 cern between vehicles, humans, and animals, and ul4 timately filter false positives prior to transmission. 

5 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper6 ational control’ has the meaning given such term in 

7 section 2(b) of the Secure Fence Act of 2006 (Public 

8 Law 109–367; 8 U.S.C. 1701 note). 

9 ‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 

10 barriers’ includes reinforced fencing, the border wall, 

11 and levee walls. 

12 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

13 the Secretary of Homeland Security. 

14 ‘‘(5) SITUATIONAL AWARENESS.—The term ‘sit15 uational awareness’ has the meaning given such 

16 term in section 1092(a)(7) of the National Defense 

17 Authorization Act for Fiscal Year 2017 (Public Law 

18 114–328; 6 U.S.C. 223(a)(7)). 

19 ‘‘(6) TACTICAL INFRASTRUCTURE.—The term 

20 ‘tactical infrastructure’ includes boat ramps, access 

21 gates, checkpoints, lighting, and roads. 

22 ‘‘(7) TECHNOLOGY.—The term ‘technology’ in23 cludes border surveillance and detection technology, 

24 including the following: 

25 ‘‘(A) Tower-based surveillance technology. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 7229 IH

1 ‘‘(B) Deployable, lighter-than-air ground 

2 surveillance equipment. 

3 ‘‘(C) Vehicle and Dismount Exploitation 

4 Radars (VADER). 

5 ‘‘(D) 3-dimensional, seismic acoustic detec6 tion and ranging border tunneling detection 

7 technology. 

8 ‘‘(E) Advanced unattended surveillance 

9 sensors. 

10 ‘‘(F) Mobile vehicle-mounted and man11 portable surveillance capabilities. 

12 ‘‘(G) Unmanned aircraft systems. 

13 ‘‘(H) Tunnel detection systems and other 

14 seismic technology. 

15 ‘‘(I) Fiber-optic cable. 

16 ‘‘(J) Other border detection, communica17 tion, and surveillance technology. 

18 ‘‘(8) UNMANNED AIRCRAFT SYSTEM.—The term 

19 ‘unmanned aircraft system’ has the meaning given 

20 such term in section 44801 of title 49, United 

21 States Code.’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB