HR 445

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IN THE HOUSE OF REPRESENTATIVES

January 15, 2025

Mr. Moran (for himself, Mr. Ellzey, Mr. Self, Mr. Babin, Mr. Gooden, Mr. Nehls, and Mr. Weber 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.

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 “Border Security Investment Act”.

SEC. 2. ESTABLISHMENT OF TRUST FUNDS RELATING TO BORDER SECURITY.

(a) Additional Remittance Transfer Fees.—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) Additional Remittance Fees.—

“(1) 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.

“(2) 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.

“(3) Definitions.—In this subsection:

“(A) 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.

“(B) 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.”.

(b) Border Security State Reimbursement Trust Fund.—

(1) 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).

(2) Transfer.—In the fiscal year that begins immediately after the date of the enactment of this Act 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.

(3) Investment of amounts.—

(A) 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.

(B) 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.

(4) Purpose; application.—

(A) 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.

(B) Application.—Not later than 30 days after the date of the enactment of this Act, 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.

(C) 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.

(D) 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.

(c) Border Security Trust Fund.—

(1) 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).

(2) Transfers.—In the fiscal year that begins immediately after the date of the enactment of this Act 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.

(3) Investment of amounts.—

(A) 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.

(B) 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.

(4) Purposes.—Amounts in the Security Fund shall be available to the Secretary of Homeland Security, without further appropriation, for the following purposes:

(A) The deployment of technology intended to detect and prevent unlawful crossings along the United States- Mexico border.

(B) The installation of physical barriers at the southern border.

(C) Wages and salaries for U.S. Border Patrol agents.

(d) 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—

(1) permanently rescinded from such total funds; and

(2) deposited in the general fund of the Treasury where such funds shall be—

(A) dedicated for the sole purpose of deficit reduction; and

(B) prohibited from use as an offset for other spending increases or revenue reductions.

(e) Effective Date.—This Act and the amendment made by this Act shall take effect and apply not later than 30 days after the date of the enactment of this Act. <all>