[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7229 Introduced in House (IH)]
<DOC>
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
Committee on Ways and Means, and in addition to the Committees on
Homeland Security, Energy and Commerce, Financial Services, the
Judiciary, Agriculture, 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
_______________________________________________________________________
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 Representatives 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 physical 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 follows:
``(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 number' means--
``(i) in the case of the taxpayer and any
spouse of the taxpayer, a social security
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 prohibited from
engaging in employment in united states.--For purposes
of subparagraph (A)(i) and subsection (h)(4)(C), 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) 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)'',
(B) in paragraph (4), by amending subparagraph (C)
to read as follows:
``(C) Social security number required.--
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 Security
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 ending 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 subsections
(c)(1)(E) and (c)(3)(D), a taxpayer identification number means
a social security number issued to an individual by the Social
Security Administration on or before the due date for filing
the return for the taxable year.
``(2) Exception for individuals prohibited 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 ending 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 Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Social security number required.--
``(i) In general.--For purposes of this
paragraph, the term `taxpayer identification
number' means a social security number issued
to an individual by the Social Security
Administration.
``(ii) Exception for individuals prohibited
from engaging in employment in united states.--
For purposes of clause (i), 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 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 Internal 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 individual
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--
``(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 reported 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 extensions) is after the date of the
enactment of this Act.
(e) Ensuring Validity of Social Security Numbers.--
(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 Numbers.--For purposes of
paragraphs (1) and (3) of subsection (a), the Secretary, in
coordination with the Commissioner of Social Security, shall verify
that any social 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 Social 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 Eligibility for Certain Federally Funded
Benefits.--
(1) In general.--Section 1137(a) of the Social Security Act
(42 U.S.C. 1320b-7(a)) is amended--
(A) in paragraph (6), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) with respect to any applicant for, or recipient 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 recipient having an
immigration status that allows the applicant or recipient to
work in the United States, the State agency administering such
program shall use the employment eligibility confirmation
program described 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 status.--For each
dwelling unit for which a housing assistance payment
contract is established under this subsection, the
public housing agency shall, with respect to any
prospective 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 described 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.''.
(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 status.--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 prospective 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 described 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.''.
(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 status.--For each public
housing dwelling unit owned, assisted, or operated by a public
housing agency, the public housing agency shall, with respect
to any prospective 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 described 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.''.
(D) Section 202(i) of the Housing Act of 1959 (12
U.S.C. 1701q(i)) is amended by adding at the end the
following:
``(3) Verification of immigration status.--For each
dwelling unit assisted under this section, the owner shall,
with respect to any prospective 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 described 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-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(i)(1))
is amended by adding at the end the following:
``(E) Verification of immigration status.--For each
dwelling unit assisted under this section, the owner
shall, with respect to any prospective 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 described 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.''.
(3) Rulemaking.--
(A) In general.--The Secretary of Agriculture, the
Secretary of Health and Human Services, and the
Secretary of Labor shall promulgate rules to implement
section 1137(a)(8) of the Social Security Act, as added
by paragraph (1), which requires the use of E-Verify to
verify applicant eligibility for certain programs
administered by their respective departments.
(B) Housing programs.--The Secretary of Housing and
Urban Development shall promulgate rules to implement
amendments made by subparagraphs (A) through (E) of
paragraph (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 enactment of this Act.
SEC. 4. MINIMUM FINES FOR ILLEGAL ENTRY AND OVERSTAY.
(a) Illegal Entry.--Chapter 8 of title II of the Immigration 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 offense, be
fined in accordance with subsection (b), imprisoned not more
than 6 months, or both; and
``(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
inserting the following:
``(2) Civil penalties''; and
(2) in section 276 (8 U.S.C. 1326), by amending subsection
(a) to read as follows:
``(a)(1) Subject to paragraph (2) and subsection (b), any alien
who, after being denied admission, excluded, deported, or removed or
after departing the United States while an order of exclusion,
deportation, or removal is outstanding, enters, attempts to enter, or
is at any time found in, the United States, shall be subject to a civil
penalty in an amount equal to not less than $3,000 and not more than
$10,000.
``(2) Notwithstanding paragraph (1), an alien described 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 foreign contiguous
territory, the Secretary of Homeland Security has expressly
consented to such alien's reapplying 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 subject 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 authorized period of stay.''.
SEC. 5. BORDER WALL CONSTRUCTION.
(a) In General.--
(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 appropriated or explicitly
obligated for the construction of the border wall that were
appropriated or obligated, as the case may be, for use
beginning on October 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 border wall in accordance with paragraph
(1).
(b) Plan To Complete Tactical Infrastructure and Technology.--Not
later than 90 days after the date of the enactment of this Act and
annually thereafter until construction of the border wall has been
completed, the Secretary shall submit to the appropriate congressional
committees an implementation plan, including annual benchmarks for the
construction of 200 miles of such wall and associated cost estimates
for satisfying all requirements of the construction of the border wall,
including installation and deployment of tactical infrastructure,
technology, and other elements as identified by the Department prior to
January 20, 2021, through the expenditure of funds appropriated or
explicitly obligated, as the case may be, for use, as well as any
future funds appropriated or otherwise made available by Congress.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security 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.
(5) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear ground
detection systems, associated with a border wall.
SEC. 6. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN
BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
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 follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) 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 unlawful activity.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in the heading, by striking ``fencing''
and inserting ``barriers'';
(ii) by amending subparagraph (A) to read
as follows:
``(A) Reinforced barriers.--In carrying out this
section, the Secretary of Homeland Security shall
construct a border wall, including physical barriers,
tactical infrastructure, and technology, along not
fewer than 900 miles of the southwest border until
situational awareness 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 section, 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:
``(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, Tribal,
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 communities and residents
located near the sites at which physical
barriers, tactical infrastructure, and
technology are to be constructed. 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
property acquisition by the United
States by purchase or eminent domain,
or to otherwise affect the eminent
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 Security'';
(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 section, the
Secretary of Homeland Security, when designing, testing,
constructing, installing, deploying, 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 Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, 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 ensure the expeditious design,
testing, construction, installation, deployment, integration,
operation, and maintenance of the physical barriers, tactical
infrastructure, and technology under this section. The
Secretary shall ensure the maintenance and effectiveness of
such physical barriers, tactical infrastructure, or technology.
Any such action by the Secretary shall be effective upon
publication in the Federal 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 Homeland Security exercises a
waiver pursuant to paragraph (1), the Secretary shall notify
the Committee on Homeland Security of the House of
Representatives 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 subsections:
``(e) Technology.--In carrying out this section, the Secretary of
Homeland Security shall deploy along the southwest border the most
practical and effective technology available for achieving situational
awareness and operational control.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) Operational control.--The term `operational 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 `situational
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' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection 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, communication, 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.''.
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