I 
118TH CONGRESS 
1ST SESSION 
H. R. 114 
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 9, 2023 
Mr. BIGGS 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 
the Workforce, 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 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 Representa-
tives 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’’. 
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SEC. 2. BORDER WALL TRUST FUND. 
(a) ESTABLISHMENT OF FUND.—At the end of sub-
chapter III of chapter 33 of title 31, United States Code, 
insert the following: 
‘‘§ 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 ac-
cordance with the Fund and Complete the Border Wall 
Act and the amendments made by that Act. 
‘‘(b) APPROPRIATION.—Funds deposited in the Se-
cure the Southern Border Fund shall be available until 
expended. Such funds are authorized to be appropriated, 
and are appropriated, to the Secretary of Homeland Secu-
rity 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 vehi-
cles 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).’’. 
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(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 SECU-
RITY. 
(a) ESTIMATION
OF ANNUAL ILLEGAL BORDER 
CROSSINGS.—Beginning with the first fiscal year that be-
gins after the date of the enactment of this Act, not later 
than 30 days after the end of each fiscal year, the Sec-
retary of Homeland Security shall determine and report 
to the Secretary of State and the Committees on the Judi-
ciary 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 para-
graph (1). 
(b) REDUCTION OF FOREIGN ASSISTANCE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary of State shall propor-
tionately reduce the amount of Federal financial as-
sistance provided to a foreign state for the fiscal 
year in which a report under subsection (a) is made 
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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, de-
mining, and related programs and activities. 
(c) TRANSFER OF FUNDS TO SECURE THE SOUTH-
ERN BORDER FUND.—The Secretary of State, in con-
sultation 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 (re-
lating to remittance transfers) (15 U.S.C. 1693o–1) is 
amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
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tates such remittance transfer to a recipient lo-
cated outside of the United States shall be sub-
ject to a penalty of not more than $500,000 or 
twice the value of the funds involved in the re-
mittance transfer, whichever is greater, or im-
prisonment for not more than 20 years, or both. 
‘‘(B) Any foreign country that, in the joint 
determination of the Secretary of Homeland Se-
curity, the Secretary of the Treasury, and the 
Secretary of State, aids or harbors an indi-
vidual conspiring to avoid the fee collected in 
accordance with this subsection shall be ineli-
gible to receive foreign assistance and to par-
ticipate 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 Se-
curity shall increase the fee collected for services per-
formed in processing U.S. Customs and Border Protection 
Form I–94, Arrival/Departure Record, from $6 to $25. 
(b) DISPOSITION OF FEES COLLECTED.—Notwith-
standing 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 proc-
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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, 
2023, 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, 2023’’. 
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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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