essing 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 appro-
priations 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 amend-
ment made by section 2 of this Act. 
SEC. 6. CONSTRUCTION OF BORDER WALL. 
(a) IMPROVEMENT OF BARRIERS AT BORDER.—Sec-
tion 102 of the Illegal Immigration Reform and Immi-
grant 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 fol-
lows: 
‘‘(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 ob-
stacles to detection of illegal entrants) to design, test, con-
struct, and install physical barriers, roads, and technology 
along the international land border between the United 
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States and Mexico to prevent illegal crossings in all 
areas.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in the paragraph heading, by strik-
ing ‘‘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, in-
cluding 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 bor-
der (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), respec-
tively; 
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(iv) in subparagraph (B), as so redes-
ignated— 
(I) by striking clause (i) and in-
serting 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, con-
sult with the Secretary of the Interior, the 
Secretary of Agriculture, appropriate Fed-
eral, 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 con-
structed. Nothing in this paragraph should 
be construed to limit the Secretary of 
Homeland Security’s authority to move 
forward with construction after consulta-
tion.’’; 
(II) by redesignating clause (ii) 
as clause (iii); and 
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(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 Home-
land Security shall notify the Committees 
on the Judiciary of the House of Rep-
resentatives and of the Senate, the Com-
mittee on Homeland Security of the House 
of Representatives, and the Committee on 
Homeland Security and Governmental Af-
fairs of the Senate of the type of physical 
barriers, tactical infrastructure, or tech-
nology the Secretary has determined is 
most practical and effective to achieve situ-
ational awareness and operational control 
in a specific area or region and the other 
alternatives the Secretary considered be-
fore making such a determination.’’; and 
(v) by striking subparagraph (C), as 
so redesignated, and inserting the fol-
lowing: 
‘‘(C) LIMITATION
ON
REQUIREMENTS.— 
Notwithstanding subparagraph (A), nothing in 
this paragraph shall require the Secretary of 
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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 Sec-
retary must notify the House and Senate Com-
mittees on the Judiciary, the House Committee 
on Homeland Security, and the Senate Com-
mittee on Homeland Security and Govern-
mental 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 Se-
curity’’; 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 Se-
curity’’; and 
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(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 require-
ments the Secretary, in the Secretary’s sole discre-
tion, determines necessary to ensure the expeditious 
design, testing, construction, installation, deploy-
ment, operation, and maintenance of physical bar-
riers, 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 mat-
ter preceding paragraph (1), by striking ‘‘18 months after 
the date of the enactment of this Act’’ and inserting ‘‘De-
cember 31, 2021’’. 
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SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PA-
TROL. 
(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 sub-
section (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 con-
secutive days, the border patrol agent receives compensa-
tion 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 amend-
ment to any person or circumstance, is held to be invalid, 
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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. 
Æ 
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