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 Com-
mittee on Ways and Means, and in addition to the Committees on Home-
land Security, Energy and Commerce, Financial Services, the Judiciary, 
Agriculture, and Appropriations, for a period to be subsequently deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘WALL Act of 2024’’. 
SEC. 2. MANDATORY SPENDING FOR BORDER WALL. 
(a) 
IN
GENERAL.—There 
is 
appropriated 
$25,000,000,000 for the purpose of constructing a phys-
VerDate 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 $$_JOB
ical barrier along the southern border of the United 
States. 
(b) AVAILABILITY.—Amounts appropriated under 
subsection (a) shall remain available until expended for 
the purpose described in subsection (a). 
SEC. 3. OFFSETS. 
(a) ELIGIBILITY FOR CHILD TAX CREDIT.— 
(1) IN GENERAL.—Section 24(e) of the Internal 
Revenue Code of 1986 is amended to read as fol-
lows: 
‘‘(e) IDENTIFICATION REQUIREMENTS.— 
‘‘(1) IN GENERAL.—No credit shall be allowed 
under this section to a taxpayer with respect to any 
qualifying child unless the taxpayer includes on the 
return of tax for the taxable year— 
‘‘(A) the name of such qualifying child, 
and 
‘‘(B) the valid identification number of the 
taxpayer (and, in the case of a joint return, the 
taxpayer’s spouse) and such qualifying child. 
‘‘(2) VALID IDENTIFICATION NUMBER.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, the term ‘valid identification num-
ber’ means— 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(i) in the case of the taxpayer and 
any spouse of the taxpayer, a social secu-
rity number issued to the individual by the 
Social Security Administration on or before 
the due date for filing the return for the 
taxable year, and 
‘‘(ii) in the case of a qualifying child, 
a social security number issued to such 
child by the Social Security Administration 
on or before the due date for filing such 
return. 
‘‘(B) EXCEPTION FOR INDIVIDUALS PRO-
HIBITED FROM ENGAGING IN EMPLOYMENT IN 
UNITED
STATES.—For purposes of subpara-
graph (A)(i) and subsection (h)(4)(C), the term 
‘social security number’ shall not include the so-
cial security number of an individual who is 
prohibited from engaging in employment in the 
United States.’’. 
(2) CONFORMING
AMENDMENTS.—Subsection 
(h) of section 24 of the Internal Revenue Code of 
1986 is amended— 
(A) in paragraph (1), by striking ‘‘(7)’’ 
and inserting ‘‘(6)’’, 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) in paragraph (4), by amending sub-
paragraph (C) to read as follows: 
‘‘(C) SOCIAL
SECURITY
NUMBER
RE-
QUIRED.—Subparagraph (A) shall not apply 
with respect to any dependent of the taxpayer 
unless the taxpayer includes on the return of 
tax for the taxable year, for both the taxpayer 
and the dependent, a social security number 
issued to each such individual by the Social Se-
curity Administration on or before the due date 
for filing such return.’’, and 
(C) by striking paragraph (7). 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to taxable years end-
ing after the date of the enactment of this Act. 
(b) INDIVIDUALS PROHIBITED FROM ENGAGING IN 
EMPLOYMENT IN UNITED STATES NOT ELIGIBLE FOR 
EARNED INCOME TAX CREDIT.— 
(1) IN GENERAL.—Subsection (m) of section 32 
of the Internal Revenue Code of 1986 is amended to 
read as follows: 
‘‘(m) IDENTIFICATION NUMBERS.— 
‘‘(1) IN GENERAL.—Solely for purposes of sub-
sections (c)(1)(E) and (c)(3)(D), a taxpayer identi-
fication number means a social security number 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
issued to an individual by the Social Security Ad-
ministration on or before the due date for filing the 
return for the taxable year. 
‘‘(2) EXCEPTION
FOR
INDIVIDUALS
PROHIB-
ITED FROM ENGAGING IN EMPLOYMENT IN UNITED 
STATES.—For purposes of paragraph (1), in the 
case of subsection (c)(1)(E), the term ‘social security 
number’ shall not include the social security number 
of an individual who is prohibited from engaging in 
employment in the United States.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to taxable years end-
ing after the date of the enactment of this Act. 
(c) IDENTIFICATION REQUIREMENT FOR AMERICAN 
OPPORTUNITY AND LIFETIME LEARNING CREDITS.— 
(1) IN GENERAL.—Section 25A(g)(1) of the In-
ternal Revenue Code of 1986 is amended by adding 
at the end the following new subparagraph: 
‘‘(C) SOCIAL
SECURITY
NUMBER
RE-
QUIRED.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘taxpayer identi-
fication number’ means a social security 
number issued to an individual by the So-
cial Security Administration. 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(ii) EXCEPTION
FOR
INDIVIDUALS 
PROHIBITED FROM ENGAGING IN EMPLOY-
MENT IN UNITED STATES.—For purposes 
of clause (i), the term ‘social security num-
ber’ shall not include the social security 
number of an individual who is prohibited 
from engaging in employment in the 
United States.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to all taxable years 
ending after the date of the enactment of this Act. 
(d) FEES FOR FILING A TAX RETURN USING AN 
ITIN.— 
(1) IN GENERAL.—Section 6109(i) of the Inter-
nal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(5) FEE FOR FILING TAX RETURN USING AN 
ITIN.— 
‘‘(A) IN GENERAL.—In the case of any in-
dividual income tax return filed by a taxpayer 
residing in the United States, the Secretary 
shall require the taxpayer to pay a fee for each 
such return filed in an amount equal to the 
product of— 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(i) the total number of individuals 
included on such return (including any 
spouse or dependent of the taxpayer) with 
respect to whom an individual taxpayer 
identification number has been issued, 
multiplied by 
‘‘(ii) $300. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply to any individual who has re-
ported to the Secretary that their social security 
number has been subject to theft, misuse, or 
misappropriation by another person.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to returns the due 
date for which (determined without regard to exten-
sions) is after the date of the enactment of this Act. 
(e) ENSURING VALIDITY OF SOCIAL SECURITY NUM-
BERS.— 
(1) IN GENERAL.—Section 6109 of the Internal 
Revenue Code of 1986 is amended by inserting after 
subsection (d) the following new subsection: 
‘‘(e) CONFIRMATION
OF SOCIAL SECURITY NUM-
BERS.—For purposes of paragraphs (1) and (3) of sub-
section (a), the Secretary, in coordination with the Com-
missioner of Social Security, shall verify that any social 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
security account number submitted by a person, or with 
respect to another person, in any return, statement, or 
other document is— 
‘‘(1) the correct social security account number 
as issued to such person by the Commissioner of So-
cial Security, and 
‘‘(2) valid and otherwise unexpired as of the 
date of submission of such return, statement, or 
other document.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to returns, statements, 
and other documents submitted after the date of the 
enactment of this Act. 
(f) REQUIRING AGENCIES TO USE E–VERIFY TO 
CONFIRM SATISFACTORY IMMIGRATION STATUS FOR ELI-
GIBILITY
FOR CERTAIN FEDERALLY FUNDED BENE-
FITS.— 
(1) IN GENERAL.—Section 1137(a) of the So-
cial Security Act (42 U.S.C. 1320b–7(a)) is amend-
ed— 
(A) in paragraph (6), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
VerDate Sep 11 2014 
02:01 Feb 16, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(8) with respect to any applicant for, or recipi-
ent of, benefits under a program listed in subsection 
(b) who is a noncitizen and whose eligibility for such 
benefits is conditional upon such applicant or recipi-
ent having an immigration status that allows the ap-
plicant or recipient to work in the United States, the 
State agency administering such program shall use 
the employment eligibility confirmation program de-
scribed in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note) (also known as ‘E–Verify’) to 
confirm that such applicant or recipient has such 
status, and shall deny eligibility for such benefits to 
any such applicant or recipient who does not have 
such status.’’. 
(2) FEDERAL HOUSING PROGRAMS.— 
(A) Section 8(o)(6) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(6)) is 
amended by adding at the end the following: 
‘‘(D) VERIFICATION OF IMMIGRATION STA-
TUS.—For each dwelling unit for which a hous-
ing assistance payment contract is established 
under this subsection, the public housing agen-
cy shall, with respect to any prospective tenant 
of the dwelling unit who is a noncitizen and 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
whose eligibility for assistance is conditional 
upon the tenant having an immigration status 
that allows the tenant to work in the United 
States, use the employment eligibility confirma-
tion program described in section 403(a) of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1324a note) 
(commonly known as ‘E–Verify’) to confirm 
that the tenant has such status and shall deny 
eligibility for such assistance to any tenant who 
does not have such status.’’. 
(B) Section 8(o)(13) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) 
is amended by adding at the end the following: 
‘‘(P) VERIFICATION OF IMMIGRATION STA-
TUS.—For each dwelling unit in a project for 
which a housing assistance payment contract is 
established under this subsection, the public 
housing agency shall, with respect to any pro-
spective tenant of the dwelling unit who is a 
noncitizen and whose eligibility for assistance is 
conditional upon the tenant having an immigra-
tion status that allows the tenant to work in the 
United States, use the employment eligibility 
confirmation program described in section 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) (commonly known as ‘E–Verify’) 
to confirm that the tenant has such status and 
shall deny eligibility for such assistance to any 
tenant who does not have such status.’’. 
(C) Section 3(a) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(a)) is 
amended by adding at the end the following: 
‘‘(9) VERIFICATION
OF
IMMIGRATION
STA-
TUS.—For each public housing dwelling unit owned, 
assisted, or operated by a public housing agency, the 
public housing agency shall, with respect to any pro-
spective tenant of the dwelling unit who is a noncit-
izen and whose eligibility for assistance is condi-
tional upon the tenant having an immigration status 
that allows the tenant to work in the United States, 
use the employment eligibility confirmation program 
described in section 403(a) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) (commonly known as 
‘E–Verify’) to confirm that the tenant has such sta-
tus and shall deny eligibility for such assistance to 
any tenant who does not have such status.’’. 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(D) Section 202(i) of the Housing Act of 
1959 (12 U.S.C. 1701q(i)) is amended by add-
ing at the end the following: 
‘‘(3) VERIFICATION
OF
IMMIGRATION
STA-
TUS.—For each dwelling unit assisted under this 
section, the owner shall, with respect to any prospec-
tive tenant of the dwelling unit who is a noncitizen 
and whose eligibility for assistance is conditional 
upon the tenant having an immigration status that 
allows the tenant to work in the United States, use 
the employment eligibility confirmation program de-
scribed in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note) (commonly known as ‘E– 
Verify’) to confirm that the tenant has such status 
and shall deny eligibility for such assistance to any 
tenant who does not have such status.’’. 
(E) Section 811(i)(1) of the Cranston-Gon-
zalez National Affordable Housing Act (42 
U.S.C. 8013(i)(1)) is amended by adding at the 
end the following: 
‘‘(E) VERIFICATION OF IMMIGRATION STA-
TUS.—For each dwelling unit assisted under 
this section, the owner shall, with respect to 
any prospective tenant of the dwelling unit who 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
is a noncitizen and whose eligibility for assist-
ance is conditional upon the tenant having an 
immigration status that allows the tenant to 
work in the United States, use the employment 
eligibility confirmation program described in 
section 403(a) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note) (commonly known as 
‘E–Verify’) to confirm that the tenant has such 
status and shall deny eligibility for such assist-
ance to any tenant who does not have such sta-
tus.’’. 
(3) RULEMAKING.— 
(A) IN GENERAL.—The Secretary of Agri-
culture, the Secretary of Health and Human 
Services, and the Secretary of Labor shall pro-
mulgate rules to implement section 1137(a)(8) 
of the Social Security Act, as added by para-
graph (1), which requires the use of E–Verify 
to verify applicant eligibility for certain pro-
grams administered by their respective depart-
ments. 
(B) HOUSING PROGRAMS.—The Secretary 
of Housing and Urban Development shall pro-
mulgate rules to implement amendments made 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
by subparagraphs (A) through (E) of para-
graph (2), which require the use of E–Verify to 
verify tenant eligibility for housing assistance 
programs administered by the Department of 
Housing and Urban Development. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of en-
actment of this Act. 
SEC. 4. MINIMUM FINES FOR ILLEGAL ENTRY AND OVER-
STAY. 
(a) ILLEGAL ENTRY.—Chapter 8 of title II of the Im-
migration and Nationality Act (8 U.S.C. 1321 et seq.) is 
amended— 
(1) in section 275 (8 U.S.C. 1325)— 
(A) in subsection (a)— 
(i) by striking ‘‘(1)’’; 
(ii) by striking ‘‘or (2)’’; 
(iii) by striking ‘‘(3)’’; and 
(iv) by striking ‘‘shall, for’’ and all 
that follows and inserting the following: 
‘‘shall— 
‘‘(1) for the first commission of any such of-
fense, be fined in accordance with subsection (b), 
imprisoned not more than 6 months, or both; and 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(2) for a subsequent commission of any such 
offense, be fined in accordance with subsection (b), 
imprisoned not more than 2 years, or both.’’; and 
(B) in subsection (b)— 
(i) by inserting ‘‘(1)’’ before ‘‘Any 
alien’’; 
(ii) by striking ‘‘civil penalty of’’ and 
all that follows through the period at the 
end of paragraph (2) and inserting ‘‘civil 
penalty in an amount equal to not less 
than $3,000 and not more than $10,000.’’; 
and 
(iii) in the undesignated matter at the 
end, by striking ‘‘Civil penalties’’ and in-
serting the following: 
‘‘(2) Civil penalties’’; and 
(2) in section 276 (8 U.S.C. 1326), by amend-
ing subsection (a) to read as follows: 
‘‘(a)(1) Subject to paragraph (2) and subsection (b), 
any alien who, after being denied admission, excluded, de-
ported, or removed or after departing the United States 
while an order of exclusion, deportation, or removal is out-
standing, enters, attempts to enter, or is at any time found 
in, the United States, shall be subject to a civil penalty 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
in an amount equal to not less than $3,000 and not more 
than $10,000. 
‘‘(2) Notwithstanding paragraph (1), an alien de-
scribed in such paragraph shall not be subject to the civil 
penalty described in such paragraph if— 
‘‘(A) before reembarking at a place outside the 
United States or applying for admission from a for-
eign contiguous territory, the Secretary of Homeland 
Security has expressly consented to such alien’s re-
applying for admission; or 
‘‘(B) with respect to an alien previously denied 
admission and removed, such alien establishes that 
he or she was not required to obtain such advance 
consent under this Act.’’. 
(b) OVERSTAY.—Section 222(g) of the Immigration 
and Nationality Act (8 U.S.C. 1202(g)) is amended by 
adding at the end the following: 
‘‘(3) An alien described in paragraph (1) shall be sub-
ject to a civil penalty in an amount equal to the product 
of $50 multiplied by the number of months that the alien 
remained in the United States beyond the alien’s author-
ized period of stay.’’. 
SEC. 5. BORDER WALL CONSTRUCTION. 
(a) IN GENERAL.— 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IMMEDIATE RESUMPTION OF BORDER WALL 
CONSTRUCTION.—Not later than seven days after 
the date of the enactment of this Act, the Secretary 
shall resume all activities related to the construction 
of the border wall along the border between the 
United States and Mexico that were underway or 
being planned for prior to January 20, 2021. 
(2) USE OF FUNDS.—To carry out this section, 
the Secretary shall expend all unexpired funds ap-
propriated or explicitly obligated for the construction 
of the border wall that were appropriated or obli-
gated, as the case may be, for use beginning on Oc-
tober 1, 2019, including pursuant to section 2(a). 
(3) USE OF MATERIALS.—Any unused materials 
purchased before the date of the enactment of this 
Act for construction of the border wall may be used 
for activities related to the construction of the bor-
der wall in accordance with paragraph (1). 
(b) PLAN TO COMPLETE TACTICAL INFRASTRUC-
TURE AND TECHNOLOGY.—Not later than 90 days after 
the date of the enactment of this Act and annually there-
after until construction of the border wall has been com-
pleted, the Secretary shall submit to the appropriate con-
gressional committees an implementation plan, including 
annual benchmarks for the construction of 200 miles of 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
such wall and associated cost estimates for satisfying all 
requirements of the construction of the border wall, in-
cluding installation and deployment of tactical infrastruc-
ture, technology, and other elements as identified by the 
Department prior to January 20, 2021, through the ex-
penditure of funds appropriated or explicitly obligated, as 
the case may be, for use, as well as any future funds ap-
propriated or otherwise made available by Congress. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity and the Committee on Appropriations of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Appropriations of the Senate. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(4) TACTICAL
INFRASTRUCTURE.—The term 
‘‘tactical infrastructure’’ includes boat ramps, access 
gates, checkpoints, lighting, and roads associated 
with a border wall. 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(5) TECHNOLOGY.—The term ‘‘technology’’ in-
cludes border surveillance and detection technology, 
including linear ground detection systems, associated 
with a border wall. 
SEC. 6. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) to design, test, construct, install, deploy, integrate, 
and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the southwest border to 
achieve situational awareness and operational control of 
the southwest border and deter, impede, and detect unlaw-
ful activity.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(i) in the heading, by striking ‘‘FENC-
ING’’ and inserting ‘‘BARRIERS’’; 
(ii) by amending subparagraph (A) to 
read as follows: 
‘‘(A) REINFORCED BARRIERS.—In carrying 
out this section, the Secretary of Homeland Se-
curity shall construct a border wall, including 
physical barriers, tactical infrastructure, and 
technology, along not fewer than 900 miles of 
the southwest border until situational aware-
ness and operational control of the southwest 
border is achieved.’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.—In carrying out this sec-
tion, the Secretary of Homeland Security shall 
deploy along the southwest border the most 
practical and effective physical barriers, tactical 
infrastructure, and technology available for 
achieving situational awareness and operational 
control of the southwest border.’’; 
(iv) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary of Homeland 
Security shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
appropriate representatives of State, Trib-
al, and local governments, and appropriate 
private property owners in the United 
States to minimize the impact on natural 
resources, commerce, and sites of historical 
or cultural significance for the commu-
nities and residents located near the sites 
at which physical barriers, tactical infra-
structure, and technology are to be con-
structed. Such consultation may not delay 
such construction for longer than seven 
days.’’; and 
(II) in clause (ii)— 
(aa) in subclause (I), by 
striking ‘‘or’’ after the semicolon 
at the end; 
(bb) by amending subclause 
(II) to read as follows: 
‘‘(II) delay the transfer to the 
United States of the possession of 
property or affect the validity of any 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
property acquisition by the United 
States by purchase or eminent do-
main, or to otherwise affect the emi-
nent domain laws of the United States 
or of any State; or’’; and 
(cc) by adding at the end 
the following new subclause: 
‘‘(III) create any right or liability 
for any party.’’; and 
(v) by striking subparagraph (D); 
(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(ii) by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’; and 
(iii) by striking ‘‘construction of 
fences’’ and inserting ‘‘the construction of 
physical barriers, tactical infrastructure, 
and technology’’; 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, testing, constructing, installing, deploying, 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
integrating, and operating physical barriers, tactical 
infrastructure, or technology, shall incorporate such 
safety features into such design, test, construction, 
installation, deployment, integration, or operation of 
such physical barriers, tactical infrastructure, or 
technology, as the case may be, that the Secretary 
determines are necessary to maximize the safety and 
effectiveness of officers and agents of the Depart-
ment of Homeland Security or of any other Federal 
agency deployed in the vicinity of such physical bar-
riers, tactical infrastructure, or technology.’’; and 
(E) in paragraph (4), by striking ‘‘this 
subsection’’ and inserting ‘‘this section’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
shall waive all legal requirements necessary to en-
sure the expeditious design, testing, construction, in-
stallation, deployment, integration, operation, and 
maintenance of the physical barriers, tactical infra-
structure, and technology under this section. The 
Secretary shall ensure the maintenance and effec-
tiveness of such physical barriers, tactical infrastruc-
VerDate 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 $$_JOB
ture, or technology. Any such action by the Sec-
retary shall be effective upon publication in the Fed-
eral Register.’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) NOTIFICATION.—Not later than seven 
days after the date on which the Secretary of Home-
land Security exercises a waiver pursuant to para-
graph (1), the Secretary shall notify the Committee 
on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate of such waiver.’’; 
and 
(4) by adding at the end the following new sub-
sections: 
‘‘(e) TECHNOLOGY.—In carrying out this section, the 
Secretary of Homeland Security shall deploy along the 
southwest border the most practical and effective tech-
nology available for achieving situational awareness and 
operational control. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED UNATTENDED SURVEILLANCE 
SENSORS.—The term ‘advanced unattended surveil-
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
lance sensors’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
‘‘(2) OPERATIONAL CONTROL.—The term ‘oper-
ational control’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (Public 
Law 109–367; 8 U.S.C. 1701 note). 
‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 
barriers’ includes reinforced fencing, the border wall, 
and levee walls. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Homeland Security. 
‘‘(5) SITUATIONAL AWARENESS.—The term ‘sit-
uational awareness’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 6 U.S.C. 223(a)(7)). 
‘‘(6) TACTICAL
INFRASTRUCTURE.—The term 
‘tactical infrastructure’ includes boat ramps, access 
gates, checkpoints, lighting, and roads. 
‘‘(7) TECHNOLOGY.—The term ‘technology’ in-
cludes border surveillance and detection technology, 
including the following: 
‘‘(A) Tower-based surveillance technology. 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(B) Deployable, lighter-than-air ground 
surveillance equipment. 
‘‘(C) Vehicle and Dismount Exploitation 
Radars (VADER). 
‘‘(D) 3-dimensional, seismic acoustic detec-
tion and ranging border tunneling detection 
technology. 
‘‘(E) Advanced unattended surveillance 
sensors. 
‘‘(F) Mobile vehicle-mounted and man- 
portable surveillance capabilities. 
‘‘(G) Unmanned aircraft systems. 
‘‘(H) Tunnel detection systems and other 
seismic technology. 
‘‘(I) Fiber-optic cable. 
‘‘(J) Other border detection, communica-
tion, and surveillance technology. 
‘‘(8) UNMANNED AIRCRAFT SYSTEM.—The term 
‘unmanned aircraft system’ has the meaning given 
such term in section 44801 of title 49, United 
States Code.’’. 
Æ 
VerDate Sep 11 2014 
00:01 Feb 08, 2024
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6301
E:\BILLS\H7229.IH
H7229
kjohnson on DSK7ZCZBW3PROD with $$_JOB