Fund and Complete the Border Wall Act

Bill Number

H.R. 76

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-01-03: Referred to the Subcommittee on Border Security and Enforcement.

Last Updated

2025-07-21T19:44:15Z

AI-Generated Summary

Purpose of the Legislation

The "Fund and Complete the Border Wall Act" (H.R. 76) aims to create a dedicated funding mechanism in the U.S. Treasury to finance the construction, maintenance, and enhancement of physical barriers along the U.S.-Mexico border. It seeks to improve border security by mandating barrier completion by December 31, 2025, and generating revenue through fees, foreign aid reductions, and other measures to support Border Patrol operations.

Key Provisions

• Establishment of the Secure the Southern Border Fund (Section 2): Creates a new account in the U.S. Treasury called the "Secure the Southern Border Fund." Funds deposited here are available indefinitely and can only be used by the Department of Homeland Security (DHS) for:
• Planning, designing, constructing, or maintaining barriers along the U.S.-Mexico border.
• Purchasing and maintaining vehicles and equipment for U.S. Border Patrol agents (limited to no more than 5% of the fund).
• Tracking and Reducing Foreign Aid Based on Illegal Crossings (Section 3):
• DHS must annually estimate and report the number of illegal border crossings from Mexico by nationality.
• The State Department must reduce U.S. foreign financial assistance to each affected country by $2,000 per illegal entrant from that country (proportional to total aid).
• Exception: Certain U.S. aid to Mexico (e.g., military training, narcotics control, and anti-terrorism programs) is exempt from cuts.
• Reduced aid amounts are transferred to the Border Fund.
• Remittance Transfer Fees (Section 4): Amends the Electronic Fund Transfer Act to impose a 5% fee on the U.S. dollar value of remittances sent to recipients outside the U.S.
• Providers must collect and submit these fees to the Border Fund via a Treasury system.
• Penalties for evasion include fines up to $500,000 or twice the transfer value, plus up to 20 years in prison.
• Countries aiding evasion (as determined by DHS, Treasury, and State secretaries) lose eligibility for U.S. foreign aid and visa waiver programs.
• Increase in Form I-94 Fees (Section 5): Raises the fee for processing U.S. Customs and Border Protection Form I-94 (Arrival/Departure Record, used for tracking nonimmigrant visitors) from $6 to $25.
• Fee allocation: $6 to land border inspections, $10 (if appropriated) for Border Patrol salaries, and $9 to the Border Fund.
• Mandated Border Wall Construction (Section 6): Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Secure Fence Act of 2006 to require DHS to:
• Complete physical barriers, roads, and technology along the entire U.S.-Mexico border by December 31, 2025, to prevent illegal crossings and achieve "operational control" (defined as awareness of and ability to respond to border activities).
• Consult with federal, state, local, tribal governments, and private landowners before construction to minimize environmental, cultural, and community impacts, but construction can proceed regardless.
• Notify Congress of construction plans and alternatives considered.
• Waive any legal requirements (e.g., environmental laws) deemed necessary for expedited work, effective upon Federal Register publication.
• Exempt areas with natural barriers or existing impenetrable walls from new construction, with congressional notification.
• Overtime Pay for Border Patrol Agents (Section 7): Amends the Fair Labor Standards Act of 1938 to allow Border Patrol agents to work up to 100 hours over 14 days without overtime pay violations, as long as they receive 150% of their regular rate for hours 81–100 (in addition to base pay).
• Severability (Section 8): If any part of the act is ruled invalid, the rest remains in effect.

Significant Changes to Existing Law

• Border Construction Laws: Expands and accelerates requirements under the 1996 Illegal Immigration Reform Act and 2006 Secure Fence Act, shifting from optional or partial fencing to mandatory full barriers by a firm deadline (previously 18 months from 2006 enactment). Introduces broad waiver authority for DHS to bypass laws like environmental regulations.
• Foreign Aid and Immigration Tracking: Adds a new mechanism tying U.S. aid reductions directly to illegal crossing data, not previously linked this way.
• Remittance Regulations: Introduces the first federal fee on outbound remittances under the Electronic Fund Transfer Act, with severe anti-evasion penalties.
• Immigration Fees: Overrides parts of the Immigration and Nationality Act to redirect I-94 fees specifically to border security.
• Labor Standards: Modifies overtime rules in the Fair Labor Standards Act exclusively for Border Patrol, allowing extended work without full overtime premiums.

Potential Impacts

• Government Agencies: DHS gains dedicated funding and authority for rapid border infrastructure projects, potentially streamlining operations but increasing administrative burdens (e.g., reporting and consultations). The State Department faces aid reduction mandates, which could strain budgeting. Treasury must manage new fee collection systems.
• Citizens and Residents: U.S. residents sending remittances (often immigrants supporting families abroad) will face higher costs (5% fee), potentially reducing transfer volumes. Travelers (e.g., tourists, students) pay more for I-94 processing, affecting short-term visitors. Border communities may see environmental or economic disruptions from construction.
• International Relations: Countries with high illegal emigration (e.g., in Central America) could lose significant U.S. aid, straining diplomatic ties. Mexico is partially protected but may still face indirect pressures. Remittance-dependent economies abroad could suffer from reduced inflows.

Main Stakeholders Affected

• U.S. Government Entities: DHS (primary executor), U.S. Border Patrol (enhanced pay and equipment), State Department (aid adjustments), Treasury (fund management), and congressional committees (oversight via reports).
• Private Sector: Remittance providers (e.g., banks, money transfer services like Western Union) must collect and remit fees; construction firms benefiting from barrier projects.
• Foreign Governments and Citizens: Nations like those in Latin America facing aid cuts; Mexican government (exemptions but potential spillover effects).
• U.S. Public: Immigrants and their families (remittance fees), nonimmigrant travelers (I-94 costs), border landowners and communities (construction impacts), and taxpayers (shifted funding away from general appropriations).

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The broad waiver authority for DHS could lead to lawsuits over bypassed laws (e.g., environmental protections under the National Environmental Policy Act). High penalties for remittance evasion raise due process concerns, as they apply to intent-based actions. Fee impositions on private transfers might face challenges under commerce clause interpretations.
• Constitutional Implications: Potential eminent domain issues if private land is needed for barriers (though consultations are required). The tying of foreign aid to domestic enforcement could be seen as executive overreach without congressional appropriations for each cut.
• Political Implications: Reinforces a policy focus on physical border barriers, potentially polarizing debates on immigration. By funding via user fees and aid reductions rather than direct taxes, it avoids broad fiscal debates but may invite international backlash or domestic equity challenges (e.g., burdening low-income remitters). The severability clause ensures partial enforceability if challenged.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Biggs, Andy [R-AZ-5]

Cosponsors (1)

Rep. Mace, Nancy [R-SC-1]

Recent Actions

• 2025-01-03: Referred to the Subcommittee on Border Security and Enforcement.
• 2025-01-03: 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 Workforce, 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.
• 2025-01-03: 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 Workforce, 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.
• 2025-01-03: 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 Workforce, 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.
• 2025-01-03: 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 Workforce, 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.
• 2025-01-03: 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 Workforce, 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.
• 2025-01-03: 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 Workforce, 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.
• 2025-01-03: 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 Workforce, 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.
• 2025-01-03: Introduced in House
• 2025-01-03: Introduced in House

Bill Versions

• Fund and Complete the Border Wall Act — issued 2025-01-03 — PDF (14 pages)