I 

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. 

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 ‘‘Fund and Complete 

5 the Border Wall Act’’. 


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1 SEC. 2. BORDER WALL TRUST FUND. 

2 (a) ESTABLISHMENT OF FUND.—At the end of sub3 chapter III of chapter 33 of title 31, United States Code, 

4 insert the following: 

5 ‘‘§ 3344. Secure the Southern Border Fund. 

6 ‘‘(a) IN GENERAL.—Not later than 60 days after the 

7 date of enactment of this section, the Secretary of the 

8 Treasury shall establish an account in the Treasury of the 

9 United States, to be known as the ‘Secure the Southern 

10 Border Fund’, into which funds shall be deposited in ac11 cordance with the Fund and Complete the Border Wall 

12 Act and the amendments made by that Act. 

13 ‘‘(b) APPROPRIATION.—Funds deposited in the Se14 cure the Southern Border Fund shall be available until 

15 expended. Such funds are authorized to be appropriated, 

16 and are appropriated, to the Secretary of Homeland Secu17 rity only— 

18 ‘‘(1) to plan, design, construct, or maintain a 

19 barrier along the international border between the 

20 United States and Mexico; and 

21 ‘‘(2) to purchase and maintain necessary vehi22 cles and equipment for U.S. Border Patrol agents. 

23 ‘‘(c) LIMITATION.—Not more than 5 percent of the 

24 funds deposited in the Secure the Southern Border Fund 

25 may be used for the purpose described in subsection 

26 (b)(2).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for chapter 33 of title 31, United States Code, is amended 

3 by inserting at the end the following: 

‘‘3344. Secure the Southern Border Fund.’’. 

4 SEC. 3. BORDER CROSSING ACCOUNTABILITY AND SECU5 RITY. 

6 (a) ESTIMATION OF ANNUAL ILLEGAL BORDER

7 CROSSINGS.—Beginning with the first fiscal year that be8 gins after the date of the enactment of this Act, not later 

9 than 30 days after the end of each fiscal year, the Sec10 retary of Homeland Security shall determine and report 

11 to the Secretary of State and the Committees on the Judi12 ciary of the House of Representatives and of the Senate— 

13 (1) the number of apprehensions that occurred 

14 during such fiscal year of aliens who entered the 

15 United States by illegally crossing the international 

16 land border between the United States and Mexico; 

17 and 

18 (2) the nationality of aliens described in para19 graph (1). 

20 (b) REDUCTION OF FOREIGN ASSISTANCE.— 

21 (1) IN GENERAL.—Except as provided under 

22 paragraph (2), the Secretary of State shall propor23 tionately reduce the amount of Federal financial as24 sistance provided to a foreign state for the fiscal 

25 year in which a report under subsection (a) is made 


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1 by a total of $2,000 for each alien described in such 

2 report who is a citizen or national of that country. 

3 (2) EXCEPTION.—Notwithstanding paragraph 

4 (1), the Secretary of State may opt not to reduce 

5 the amounts appropriated for the Government of 

6 Mexico from the International Military Education 

7 and Training Fund, the International Narcotics 

8 Control and Law Enforcement Fund, and the fund 

9 to carry out nonproliferation, anti-terrorism, de10 mining, and related programs and activities. 

11 (c) TRANSFER OF FUNDS TO SECURE THE SOUTH12 ERN BORDER FUND.—The Secretary of State, in con13 sultation with the Secretary of Homeland Security and the 

14 Secretary of the Treasury, shall transfer funds described 

15 in subsection (b) into the Secure the Southern Border 

16 Fund established by the amendment made by section 2 

17 of this Act. 

18 SEC. 4. FEES FOR CERTAIN REMITTANCE TRANSFERS. 

19 Section 920 of the Electronic Fund Transfer Act (re20 lating to remittance transfers) (15 U.S.C. 1693o–1) is 

21 amended— 

22 (1) by redesignating subsection (g) as sub23 section (h); and 

24 (2) by inserting after subsection (f) the fol25 lowing: 


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1 ‘‘(g) SECURE THE SOUTHERN BORDER FUND

2 FEE.— 

3 ‘‘(1) IN GENERAL.—If the designated recipient 

4 of a remittance transfer is located outside of the 

5 United States, a remittance transfer provider shall 

6 collect from the sender of such remittance transfer 

7 a remittance fee equal to 5 percent of the United 

8 States dollar amount to be transferred. 

9 ‘‘(2) TRANSFER OF FUNDS.—Not later than 90 

10 days after the date of enactment of this subsection, 

11 the Secretary of the Treasury, in consultation with 

12 the Bureau and remittance transfer providers, shall 

13 develop and make available a system for remittance 

14 transfer providers to submit the remittance fees col15 lected in accordance with paragraph (1) to the Se16 cure the Southern Border Fund established under 

17 section 3344 of title 31, United States Code. 

18 ‘‘(3) PENALTIES.— 

19 ‘‘(A) Whoever, with the intent to evade a 

20 remittance fee to be collected in accordance 

21 with this subsection, and who has knowledge 

22 that, at the time of a remittance transfer, the 

23 value of the funds involved in the transfer will 

24 be further transferred to a recipient located 

25 outside of the United States, requests or faciliVerDate Sep 11 2014 23:01 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H85.IH H85

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1 tates such remittance transfer to a recipient lo2 cated outside of the United States shall be sub3 ject to a penalty of not more than $500,000 or 

4 twice the value of the funds involved in the re5 mittance transfer, whichever is greater, or im6 prisonment for not more than 20 years, or both. 

7 ‘‘(B) Any foreign country that, in the joint 

8 determination of the Secretary of Homeland Se9 curity, the Secretary of the Treasury, and the 

10 Secretary of State, aids or harbors an indi11 vidual conspiring to avoid the fee collected in 

12 accordance with this subsection shall be ineli13 gible to receive foreign assistance and to par14 ticipate in the visa waiver program or any other 

15 programs, at the discretion of the Secretaries 

16 described in this subparagraph.’’. 

17 SEC. 5. FEES FOR FORM I–94. 

18 (a) FEE INCREASE.—The Secretary of Homeland Se19 curity shall increase the fee collected for services per20 formed in processing U.S. Customs and Border Protection 

21 Form I–94, Arrival/Departure Record, from $6 to $25. 

22 (b) DISPOSITION OF FEES COLLECTED.—Notwith23 standing any other provision of law, including section 

24 286(q) of the Immigration and Nationality Act (8 U.S.C. 

25 1356(q)), all fees collected for services performed in procVerDate Sep 11 2014 23:01 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H85.IH H85

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1 essing U.S. Customs and Border Protection Form I–94 

2 shall be allocated as follows: 

3 (1) $6 shall be deposited in the Land Border 

4 Inspection Fee Account and used in accordance with 

5 such section 286(q). 

6 (2) To the extent provided in advance in appro7 priations Acts, $10 shall be used for salaries for 

8 U.S. Border Patrol agents. 

9 (3) $9 shall be deposited in the Secure the 

10 Southern Border Fund established by the amend11 ment made by section 2 of this Act. 

12 SEC. 6. CONSTRUCTION OF BORDER WALL. 

13 (a) IMPROVEMENT OF BARRIERS AT BORDER.—Sec14 tion 102 of the Illegal Immigration Reform and Immi15 grant Responsibility Act of 1996 (Division C of Public 

16 Law 104–208; 8 U.S.C. 1103 note) is amended— 

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) IN GENERAL.—Not later than December 31, 

20 2019, the Secretary of Homeland Security shall take such 

21 actions as may be necessary (including the removal of ob22 stacles to detection of illegal entrants) to design, test, con23 struct, and install physical barriers, roads, and technology 

24 along the international land border between the United 


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1 States and Mexico to prevent illegal crossings in all 

2 areas.’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1)— 

5 (i) in the paragraph heading, by strik6 ing ‘‘ADDITIONAL FENCING’’ and inserting 

7 ‘‘FENCING’’; 

8 (ii) by striking subparagraph (A) and 

9 inserting the following: 

10 ‘‘(A) PHYSICAL BARRIERS.—In carrying 

11 out subsection (a), the Secretary of Homeland 

12 Security shall construct physical barriers, in13 cluding secondary barriers in locations where 

14 there is already a fence, along the international 

15 land border between the United States and 

16 Mexico that will prevent illegal entry and will 

17 assist in gaining operational control of the bor18 der (as defined in section 2(b) of the Secure 

19 Fence Act of 2006 (8 U.S.C. 1701 note; Public 

20 Law 109–367)).’’; 

21 (iii) by striking subparagraph (B) and 

22 redesignating subparagraphs (C) and (D) 

23 as subparagraphs (B) and (C), respec24 tively; 


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1 (iv) in subparagraph (B), as so redes2 ignated— 

3 (I) by striking clause (i) and in4 serting the following: 

5 ‘‘(i) IN GENERAL.—In carrying out 

6 this section, the Secretary of Homeland 

7 Security shall, before constructing physical 

8 barriers in a specific area or region, con9 sult with the Secretary of the Interior, the 

10 Secretary of Agriculture, appropriate Fed11 eral, State, local, and tribal governments, 

12 and appropriate private property owners in 

13 the United States to minimize the impact 

14 on the environment, culture, commerce, 

15 and quality of life for the communities and 

16 residents located near the sites at which 

17 such physical barriers are to be con18 structed. Nothing in this paragraph should 

19 be construed to limit the Secretary of 

20 Homeland Security’s authority to move 

21 forward with construction after consulta22 tion.’’; 

23 (II) by redesignating clause (ii) 

24 as clause (iii); and 


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1 (III) by inserting after clause (i), 

2 as amended, the following new clause: 

3 ‘‘(ii) NOTIFICATION.—Not later than 

4 60 days after the consultation required 

5 under clause (i), the Secretary of Home6 land Security shall notify the Committees 

7 on the Judiciary of the House of Rep8 resentatives and of the Senate, the Com9 mittee on Homeland Security of the House 

10 of Representatives, and the Committee on 

11 Homeland Security and Governmental Af12 fairs of the Senate of the type of physical 

13 barriers, tactical infrastructure, or tech14 nology the Secretary has determined is 

15 most practical and effective to achieve situ16 ational awareness and operational control 

17 in a specific area or region and the other 

18 alternatives the Secretary considered be19 fore making such a determination.’’; and 

20 (v) by striking subparagraph (C), as 

21 so redesignated, and inserting the fol22 lowing: 

23 ‘‘(C) LIMITATION ON REQUIREMENTS.— 

24 Notwithstanding subparagraph (A), nothing in 

25 this paragraph shall require the Secretary of 


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1 Homeland Security to install fencing, physical 

2 barriers, or roads, in a particular location along 

3 the international border between the United 

4 States and Mexico, if the Secretary determines 

5 that there is a pre-existing geographical barrier 

6 or pre-constructed, impenetrable wall. The Sec7 retary must notify the House and Senate Com8 mittees on the Judiciary, the House Committee 

9 on Homeland Security, and the Senate Com10 mittee on Homeland Security and Govern11 mental Affairs of any decision not to install 

12 fencing in accordance with this provision within 

13 30 days of a determination being made.’’; 

14 (B) in paragraph (2)— 

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

16 and inserting ‘‘Secretary of Homeland Se17 curity’’; and 

18 (ii) by striking ‘‘fences’’ and inserting 

19 ‘‘physical barriers and roads’’; and 

20 (C) in paragraph (3)— 

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

22 and inserting ‘‘Secretary of Homeland Se23 curity’’; and 


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1 (ii) by striking ‘‘additional fencing’’ 

2 and inserting ‘‘physical barriers and 

3 roads’’; and 

4 (3) in subsection (c), by amending paragraph 

5 (1) to read as follows: 

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

7 provision of law, the Secretary of Homeland Security 

8 shall have the authority to waive all legal require9 ments the Secretary, in the Secretary’s sole discre10 tion, determines necessary to ensure the expeditious 

11 design, testing, construction, installation, deploy12 ment, operation, and maintenance of physical bar13 riers, roads, and technology under this section. Any 

14 such decision by the Secretary shall be effective 

15 upon publication in the Federal Register.’’. 

16 (b) ACHIEVING OPERATIONAL CONTROL ON THE

17 BORDER.—Subsection (a) of section 2 of the Secure Fence 

18 Act of 2006 (8 U.S.C. 1701 note) is amended, in the mat19 ter preceding paragraph (1), by striking ‘‘18 months after 

20 the date of the enactment of this Act’’ and inserting ‘‘De21 cember 31, 2019’’. 


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1 SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PA2 TROL. 

3 (a) IN GENERAL.—Section 7 of the Fair Labor 

4 Standards Act of 1938 (29 U.S.C. 207) is amended by 

5 adding at the end the following: 

6 ‘‘(s) EMPLOYMENT AS A BORDER PATROL AGENT.— 

7 No public agency shall be deemed to have violated sub8 section (a) with respect to the employment of any border 

9 patrol agent (as defined in section 5550(1) of title 5, 

10 United States Code) if, during a work period of 14 con11 secutive days, the border patrol agent receives compensa12 tion at a rate that is not less than 150 percent of the 

13 regular rate at which the agent is employed for all hours 

14 of work from 80 hours to 100 hours. Payments required 

15 under this section shall be in addition to any payments 

16 made under section 5550 of title 5, United States Code, 

17 and shall be made notwithstanding any pay limitations set 

18 forth in that title.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 Section 13(a) of the Fair Labor Standards Act of 1938 

21 (29 U.S.C. 213(a)) is amended by striking paragraph (18) 

22 and redesignating paragraph (19) as paragraph (18). 

23 SEC. 8. SEVERABILITY. 

24 If any provision of this Act, or an amendment made 

25 by this Act, or the application of such provision or amend26 ment to any person or circumstance, is held to be invalid, 


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1 the remainder of this Act, or an amendment made by this 

2 Act, or the application of such provision to other persons 

3 or circumstances, shall not be affected. 

Æ 


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