Overview
Title
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.
ELI5 AI
The bill wants to put some money in a special piggy bank to help build fences and buy tools for guards at the southern border of the United States. It also plans to change how much people pay to send money to other countries and make rules about how border guards get extra pay for working late.
Summary AI
The bill H.R. 76 proposes to create a special account in the U.S. Treasury called the "Secure the Southern Border Fund." This fund is intended to pay for building and maintaining barriers along the U.S.-Mexico border, purchase equipment for border patrol agents, and cover related expenses. It outlines plans to reduce foreign aid to countries from which illegal border crossings occur, imposes fees on remittance transfers going out of the country, and increases fees for border crossing documents, with proceeds directed to the new fund. Additionally, the bill aims to expedite barrier construction, sets border security project deadlines, and adjusts payment rules for U.S. Border Patrol overtime work.
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AnalysisAI
Summary of the Bill
The bill aims to establish the "Secure the Southern Border Fund" within the U.S. Treasury to finance various projects related to securing the U.S.-Mexico border. The fund would support the planning, design, construction, and maintenance of a border barrier and related infrastructure, as well as the acquisition of vehicles and equipment for Border Patrol agents. The bill outlines procedures for estimating illegal border crossings and proposes financial repercussions for countries whose citizens cross the border illegally. Additionally, the bill amends existing laws to introduce fees on remittance transfers and increase fees for processing immigration documents. It also proposes changes to labor compensation for U.S. Border Patrol agents.
Significant Issues
Broad Authority and Oversight Concerns:
One of the bill's major concerns is the broad authority granted to the Secretary of Homeland Security to waive legal requirements, which could lead to a lack of oversight and potential bypassing of important regulations. This raises issues of accountability and checks and balances, essential for ensuring responsible government spending and action.
Economic Impacts on Individuals:
The introduction of a 5% fee on remittance transfers could disproportionately affect low-income individuals who send money abroad to support their families, raising concerns about economic fairness. Additionally, the significant fee increase for processing immigration documents like Form I-94, from $6 to $25, may place an unjustified financial burden on individuals seeking to enter the United States.
International Relations Implications:
The provision allowing for reductions in financial assistance to foreign countries based on illegal border crossings could be perceived as punitive. This approach could negatively impact diplomatic relations with affected countries, potentially jeopardizing international cooperation in other areas.
Broad Public Impact
The bill, if enacted, could have far-reaching effects on both individuals and broader communities. On a national level, the emphasis on securing the southern border by establishing dedicated funding may resonate with those prioritizing national security and immigration control. However, the financial burdens introduced by the new fees could impact individuals economically, especially those relying on international remittances and immigration processing.
Impact on Stakeholders
Positive Impacts:
For stakeholders such as U.S. Border Patrol agents, the bill offers potentially increased resources through equipment purchases and salary adjustments for overtime work. This could lead to improved operational capabilities and possibly better working conditions for these personnel.
Negative Impacts:
Conversely, the new financial measures could negatively affect specific groups, particularly undocumented immigrants and low-income communities. The increased costs from the remittance fee and the raised Form I-94 processing fee could place additional financial strains on these already vulnerable populations. Furthermore, countries experiencing reduced U.S. financial aid due to the actions of their citizens may face diplomatic and economic repercussions, complicating international relations and cooperation.
In conclusion, while the bill attempts to address national security concerns through enhanced border control measures, it simultaneously poses economic challenges and risks to diplomatic relations that warrant careful consideration and balanced solutions.
Financial Assessment
The bill H.R. 76 proposes various financial measures aimed at securing the southern border of the United States. Here's how the financial aspects are structured and how they tie into identified issues:
Secure the Southern Border Fund
The central financial mechanism in this bill is the Secure the Southern Border Fund, a separate account in the U.S. Treasury specifically for border security expenses. The bill specifies that the funds within this account are to be used to plan, design, construct, or maintain a barrier along the U.S.-Mexico border and to purchase equipment for U.S. Border Patrol agents. One important restriction is that no more than 5% of these funds can be used for equipment purchases, addressing concerns about potential misallocation of resources. However, the bill does not define the detailed criteria for how these activities will be prioritized, raising potential concerns about wasteful spending.
Reduction in Foreign Assistance
Another significant financial provision includes reducing foreign aid by $2,000 for each individual from a particular foreign country who is documented as illegally crossing the border. This approach is intended as a deterrent for illegal immigration; however, it risks being perceived as a punitive action that could negatively affect international relations and cooperation. Therefore, its implementation might not only strain diplomatic ties but also complicate financial aid strategies.
Remittance Transfer Fees
The bill imposes a 5% fee on remittance transfers to recipients outside the United States, with the proceeds directed to the Secure the Southern Border Fund. This provision raises concerns about fairness, as it disproportionately affects low-income individuals who rely on such transfers, potentially imposing an economic burden on them. The penalties for evading this fee are quite severe, with fines up to $500,000 or imprisonment for up to 20 years, which may be seen as excessive and punitive.
Form I-94 Processing Fees
The bill proposes to increase the fee for processing U.S. Customs and Border Protection Form I-94, from $6 to $25. These funds are allocated such that $6 is deposited in the Land Border Inspection Fee Account, $10 is designated for Border Patrol agent salaries, and $9 is directed to the new fund. The lack of justification for such a fee increase might give rise to concerns about imposing unnecessary financial burdens without clear rationale.
U.S. Border Patrol Compensation
Amendments to the Fair Labor Standards Act specify that Border Patrol agents receive compensation at a rate of 150% of their regular pay for certain overtime hours. While this adjustment aims to ensure fair compensation, the lack of detailed explanation about its impact on broader compensation structures could pose financial concerns regarding long-term sustainability and budget allocations.
In summary, H.R. 76 features several key financial provisions aimed at funding the completion and maintenance of the U.S.-Mexico border barrier. While the allocations are designed to focus on security, the potential implications for foreign relations, fairness in financial burdens on individuals, and overall financial viability must be carefully considered to address identified issues.
Issues
The broad authority granted to the Secretary of Homeland Security in Section 6 to waive any legal requirements could lead to potential oversight and accountability concerns, as it might bypass important regulations without checks and balances.
The 5% remittance fee imposed in Section 4 on individuals sending money abroad could disproportionately impact low-income senders, raising concerns about fairness and economic burden.
Section 3 contains a provision for reducing financial assistance to foreign countries based on illegal border crossings, which might be perceived as punitive and could negatively affect diplomatic relations, potentially harming other areas of cooperation.
The absence of defined criteria or processes in Section 2 for planning, designing, constructing, or maintaining barriers could lead to potential misallocation of the funds, creating a risk of wasteful spending.
In Section 4, the penalties for evading remittance fees are severe, including fines up to $500,000 or 20 years imprisonment, which could be seen as excessive.
The fee increase for Form I-94 processing in Section 5, rising from $6 to $25 without any provided justification, may raise concerns about potential wasteful spending or unjustified expense burdens.
Section 6 outlines a process allowing for extensive consultation with various stakeholders before constructing physical barriers, which may result in implementation delays and increased costs.
Section 7 amends the Fair Labor Standards Act for U.S. Border Patrol, providing a 150% compensation rate for certain overtime work. However, the lack of a clear explanation of the broader implications on compensation structures may be a financial concern.
The language used in Section 3 to describe individuals crossing the border as 'aliens' might be considered outdated or offensive, raising ethical concerns.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
This section of the bill states that the official name of the legislation is the "Fund and Complete the Border Wall Act".
2. Border wall trust fund Read Opens in new tab
Summary AI
The document establishes the "Secure the Southern Border Fund" within the U.S. Treasury to support projects related to building and maintaining a border barrier between the United States and Mexico, as well as acquiring equipment for Border Patrol agents, with a limit of up to 5% of the funds being used for vehicle and equipment purchases.
3344. Secure the Southern Border Fund Read Opens in new tab
Summary AI
The Secure the Southern Border Fund is to be created by the Secretary of the Treasury within 60 days of the law's enactment, allowing funds to be used indefinitely to support the construction and maintenance of barriers at the U.S.-Mexico border and to equip Border Patrol agents. Only up to 5% of the funds can be used for purchasing and maintaining vehicles and equipment for the agents.
3. Border crossing accountability and security Read Opens in new tab
Summary AI
The section outlines that after the end of each fiscal year, the Secretary of Homeland Security must report how many people were caught illegally crossing the U.S.-Mexico border and their nationalities. It also states that the U.S. may reduce financial aid to countries whose citizens are caught crossing illegally, unless certain exceptions apply, and transfer those funds to help secure the southern border.
Money References
- (a) Estimation of annual illegal border crossings.—Beginning with the first fiscal year that begins after the date of the enactment of this Act, not later than 30 days after the end of each fiscal year, the Secretary of Homeland Security shall determine and report to the Secretary of State and the Committees on the Judiciary 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 paragraph (1). (b) Reduction of foreign assistance.— (1) IN GENERAL.—Except as provided under paragraph (2), the Secretary of State shall proportionately reduce the amount of Federal financial assistance provided to a foreign state for the fiscal year in which a report under subsection (a) is made by a total of $2,000 for each alien described in such report who is a citizen or national of that country.
4. Fees for certain remittance transfers Read Opens in new tab
Summary AI
The amendment to the Electronic Fund Transfer Act introduces a new 5% fee on international remittance transfers sent from the United States, with funds collected to support the Secure the Southern Border Fund. It also outlines penalties for those attempting to evade this fee, including fines, imprisonment, and restrictions on foreign countries found assisting in fee avoidance.
Money References
- Section 920 of the Electronic Fund Transfer Act (relating to remittance transfers) (15 U.S.C. 1693o–1) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: “(g) Secure the Southern Border Fund fee.— “(1) IN GENERAL.—If the designated recipient of a remittance transfer is located outside of the United States, a remittance transfer provider shall collect from the sender of such remittance transfer a remittance fee equal to 5 percent of the United States dollar amount to be transferred.
- “(3) PENALTIES.— “(A) Whoever, with the intent to evade a remittance fee to be collected in accordance with this subsection, and who has knowledge that, at the time of a remittance transfer, the value of the funds involved in the transfer will be further transferred to a recipient located outside of the United States, requests or facilitates such remittance transfer to a recipient located outside of the United States shall be subject to a penalty of not more than $500,000 or twice the value of the funds involved in the remittance transfer, whichever is greater, or imprisonment for not more than 20 years, or both.
5. Fees for Form I–94 Read Opens in new tab
Summary AI
The Secretary of Homeland Security is required to increase the fee for processing Form I-94, the Arrival/Departure Record, from $6 to $25. The collected fees are to be distributed as follows: $6 goes to the Land Border Inspection Fee Account, $10 can be used for U.S. Border Patrol agents' salaries if pre-approved, and $9 is deposited into the Secure the Southern Border Fund.
Money References
- Fee Increase.—The Secretary of Homeland Security shall increase the fee collected for services performed in processing U.S. Customs and Border Protection Form I–94, Arrival/Departure Record, from $6 to $25. (b) Disposition of fees collected.—Notwithstanding 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 processing 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 appropriations 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 amendment made by section 2 of this Act.
6. Construction of border wall Read Opens in new tab
Summary AI
The section outlines changes to the law regarding the construction of barriers at the U.S.-Mexico border, requiring the Secretary of Homeland Security to build physical barriers and roads by December 31, 2025, while consulting with various stakeholders to minimize negative impacts. It also gives the Secretary the ability to waive legal requirements, if necessary, to expedite the process and allows discretion not to build in areas with natural or existing barriers.
7. Fair Labor Standards Act for U.S. Border Patrol Read Opens in new tab
Summary AI
The Fair Labor Standards Act of 1938 is amended to clarify that U.S. Border Patrol agents are entitled to pay at 150% of their regular rate for work between 80 and 100 hours over 14 consecutive days, and this pay is to be added to any other compensation they receive. Additionally, a technical amendment changes paragraph numbering in Section 13(a) of the Act.
8. Severability Read Opens in new tab
Summary AI
If any part of this law or its changes is found to be invalid, the rest of the law and changes will still be effective and enforceable.