I
118th CONGRESS
1st Session
H. R. 672
IN THE HOUSE OF REPRESENTATIVES
January 31, 2023
Mr. Moran (for himself, Mr. DesJarlais, Mr. Ellzey, Ms. Granger, Mr. Babin, Mr. Gooden of Texas, Mr. Nehls, Ms. Van Duyne, Mr. Weber of Texas, Mr. Cloud, Mr. Self, Mr. Luttrell, and Mr. Jackson of Texas) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Financial Services, 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 establish trust funds relating to border security, and for other purposes.
Short title
This Act may be cited as the Border Security Investment Act
.
Establishment of trust funds relating to border security
Additional remittance transfer fees
Section 920 of the Electronic Fund Transfer Act (relating to remittance transfers) (15 U.S.C. 1693o–1) is amended—
by redesignating subsection (g) as subsection (h); and
by inserting after subsection (f) the following:
Additional remittance fees
In general
A remittance transfer provider that is a money services business shall impose a fee on each person sending a remittance transfer to a covered country in an amount equal to 37 percent of the remittance transfer amount.
Transfer of fees
All fees collected under this subsection shall be submitted to the Department of the Treasury for deposit in the general fund, in such form and in such manner as the Secretary of the Treasury shall establish by rule.
Definitions
In this subsection:
Covered country
With respect to a fiscal year, the term covered country
means each country identified by the Commissioner of U.S. Customs and Border Protection as one of the 5 countries that had the most citizens or nationals unlawfully enter the United States during the previous fiscal year.
Money services business
The term money services business
has the meaning given that term under section 1010.100 of title 31, Code of Federal Regulations.
.
Border Security State Reimbursement Trust Fund
In general
There is established in the Treasury a trust fund, to be known as the Border Security State Reimbursement Trust Fund
(in this section referred to as the Reimbursement Fund
), consisting of amounts transferred under paragraph (2) and any amounts credited under paragraph (3).
Transfer
In fiscal year 2025 and each fiscal year thereafter, the Secretary of the Treasury shall transfer to the Reimbursement Fund, from the general fund of the Treasury, an amount equal to fifty percent of the total amount of remittance fees collected under subsection (g)(2) of section 920 of the Electronic Fund Transfer Act (relating to remittance transfers; 15 U.S.C. 1693o–1) during the immediately preceding fiscal year.
Investment of amounts
In general
The Secretary of the Treasury shall invest such portion of the Reimbursement Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
Interest and proceeds
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Reimbursement Fund shall be credited to the Reimbursement Fund.
Purpose; application
In general
Amounts in the Reimbursement Fund shall be available to the Secretary of Homeland Security, without further appropriation, to reimburse border States for expenditures incurred by such States relating to border security enforcement measures.
Application
Not later than 30 days after the beginning of any fiscal year beginning in fiscal year 2025, a border State may apply to the Secretary to receive amounts from the Reimbursement Fund by submitting receipts, in such form and manner as the Secretary deems appropriate, of expenditures relating to border security enforcement measures made during the immediately preceding fiscal year.
Amount
The Secretary shall promptly distribute from the Reimbursement Fund, to any border State that submits an application under subparagraph (B), an amount equal to the proportion that the amount expended by such a border State in the applicable immediately preceding fiscal year bears to the total amount expended in such fiscal year by all such border States so submitting an application.
Border security enforcement measures
In this subparagraph, an expenditure by a border State shall be deemed to be related to border security enforcement measures if that expenditure directly or indirectly was used for the mission of deterring unlawful crossings, detecting unlawful activity and entry into the United States, or for gaining operational control of the southwest border.
Border Security Trust Fund
In general
There is established in the Treasury a trust fund, to be known as the Border Security Trust Fund
(in this section referred to as the Security Fund
), consisting of amounts transferred under paragraph (2) and any amounts credited under paragraph (3).
Transfers
In fiscal year 2025 and each fiscal year thereafter, the Secretary of the Treasury shall transfer to the Security Fund, from the general fund of the Treasury, an amount equal to fifty percent of the total amount of remittance fees collected under subsection (g)(2) of section 920 of the Electronic Fund Transfer Act (relating to remittance transfers; 15 U.S.C. 1693o–1) during the immediately preceding fiscal year.
Investment of amounts
In general
The Secretary of the Treasury shall invest such portion of the Security Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
Interest and proceeds
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Security Fund shall be credited to the Security Fund.
Purposes
Amounts in the Security Fund shall be available to the Secretary of Homeland Security, without further appropriation, for the following purposes:
The deployment of technology intended to detect and prevent unlawful crossings along the United States-Mexico border.
The installation of physical barriers at the southern border.
Wages and salaries for U.S. Border Patrol agents.
Rescission of excess amounts
If the sum of the total funds in each of the Reimbursement Fund and the Security Fund is greater than $50,000,000,000, an amount equal to the funds in excess of $50,000,000,000 shall be—
permanently rescinded from such total funds; and
deposited in the general fund of the Treasury where such funds shall be—
dedicated for the sole purpose of deficit reduction; and
prohibited from use as an offset for other spending increases or revenue reductions.
Effective date
This Act and the amendment made by this Act shall take effect and apply beginning on January 1, 2024.
