Fund and Complete the Border Wall Act
H.R. 76, titled the Fund and Complete the Border Wall Act, would create a new dedicated fund in the U.S. Treasury—the Secure the Southern Border Fund—to be used primarily for planning, designing, constructing, maintaining a physical barrier along the U.S.-Mexico border and for equipment for U.S. Border Patrol. The bill would also earmark new revenue streams (a remittance fee and a higher Form I-94 processing fee) and redirect some foreign aid to support border security. It would accelerate and expand border barrier construction and related infrastructure, broaden DHS authority to waive certain legal requirements to speed construction, and establish a wage premium for Border Patrol workers under the Fair Labor Standards Act. The overarching aim is to increase border control and reduce unlawful crossings, funded largely through new fees, redirected aid, and a dedicated fund for border security projects. Potential impacts include faster or more expansive border barrier work, higher costs for remittance senders and some international programs, greater DHS payroll funding, and increased administrative reporting on crossings. Critics may raise concerns about the waivers of environmental/other laws, effects on foreign relations, and the economic impact of new fees on families sending money home. Sponsored by Rep. Andy Biggs (AZ) for himself and Rep. Nancy Mace; Introduced January 3, 2025; referred to multiple committees.
Key Points
- 1Establishment of the Secure the Southern Border Fund and authorized uses
- 2- Creates a new Treasury account (Secure the Southern Border Fund) to receive deposits under the Act.
- 3- Funds can be used to plan, design, construct, or maintain a border barrier and to purchase and maintain vehicles/equipment for U.S. Border Patrol.
- 4- No more than 5% of fund deposits may be used for equipment and related needs.
- 5Border crossing accountability and foreign aid mechanism
- 6- Requires annual reporting of illegal border crossers (by nationality) starting after enactment.
- 7- Mandates proportional reductions in foreign aid to countries based on the number of their citizens apprehended illegally entering the U.S. (with a $2,000 per alien reduction).
- 8- Provides an exception to withholdments for certain Mexico-related programs; funds from other programs may still be redirected to the Secure the Southern Border Fund.
- 9New revenue streams to fund border security
- 10- Remittance fee: imposes a 5% remittance fee on transfers to recipients outside the United States, with a system to collect and remit these fees to the Secure the Southern Border Fund.
- 11- Penalties for evasion: strict penalties for attempts to evade the remittance fee, and a foreign-country eligibility consequence (countries aiding evasion could be barred from foreign assistance and visa programs).
- 12Increased Form I-94 processing fee and fund allocation
- 13- Increases the Processing Fee for Form I-94 from $6 to $25.
- 14- Distributes the funds: $6 to the Land Border Inspection Fee Account for its existing use; $10 to salaries for Border Patrol agents (as provided in applicable appropriations law); $9 to the Secure the Southern Border Fund.
- 15Expanded and accelerated border barrier construction
- 16- Directs DHS to design, test, construct, and install physical barriers, roads, and technology along the U.S.-Mexico border to prevent illegal entry, with a target completion framework and expanded scope beyond fencing.
- 17- Requires consultation with Interior, Agriculture, other federal/state/tribal/local entities, and private landowners; after consultation, DHS must notify congressional committees of its determinations and alternatives considered.
- 18- Allows DHS to waive applicable legal requirements to expedite barrier projects; requires reporting on decisions not to install fencing where pre-existing barriers or other barriers exist.
- 19- Modifies timelines to aim for operational control by December 31, 2025 (extending/adjusting Secure Fence Act-related timelines).
- 20Border Patrol workforce pay provisions
- 21- Adds a 14-consecutive-day work period provision under the Fair Labor Standards Act, guaranteeing 150% of the regular pay rate for hours between 80 and 100 hours worked in that 14-day span.
- 22- Ensures the above premium pay is paid in addition to existing compensation and without regard to other pay limitations.
- 23Severability
- 24- If any provision is held invalid, the rest of the act remains in effect.