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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 85 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                 H. R. 85

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 3, 2019

    Mr. Biggs (for himself, Mr. Brooks of Alabama, Mr. Gohmert, Mr. 
  DesJarlais, Mr. Buck, Mr. Duncan, Mr. King of Iowa, and Mr. Gaetz) 
 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, 2019, 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, 2019''.

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.
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