[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8566 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8566
To impose a fee on certain remittance transfers to fund border
security.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2022
Mr. Hern introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Homeland Security, Foreign Affairs, Financial Services, and the
Judiciary, 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 impose a fee on certain remittance transfers to fund border
security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REMITTANCE TRANSFER FEE.
(a) In General.--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) Remittance Transfer 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 transfer fee equal to 5
percent of the United States dollar amount to be transferred.
``(2) Transfer of funds.--Not later than 90 days after the
date of enactment of this subsection, the Secretary of the
Treasury, in consultation with the Bureau and remittance
transfer providers, shall develop and make available a system
for remittance transfer providers to submit the remittance
transfer fees collected in accordance with paragraph (1) to the
Secretary for transfer to the Border Enforcement Trust Fund as
provided in section 3344(b) of title 31, United States Code.
``(3) Penalties.--
``(A) Whoever, with the intent to evade a
remittance transfer 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.
``(B) Any foreign country that, in the joint
determination of the Secretary of Homeland Security,
the Secretary of the Treasury, and the Secretary of
State, aids or harbors an individual conspiring to
avoid the fee collected in accordance with this
subsection shall be ineligible to receive foreign
assistance and to participate in the visa waiver
program or any other programs, at the discretion of the
Secretaries described in this subparagraph.''.
(b) Refundable Income Tax Credit Allowed to Citizens of the United
States for Remittance Transfer Fees.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 36C. REMITTANCE TRANSFER FEES OF UNITED STATES CITIZENS.
``In the case of any individual who is a citizen of the United
States, there shall be allowed as a credit against the tax imposed by
this subtitle for any taxable year an amount equal to the aggregate
amount of remittance transfer fees paid by such individual under
section 920(g) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-
19(g)) during such taxable year.''.
(2) Conforming amendments.--
(A) Section 6211(b)(4)(A) of the Internal Revenue
Code of 1986 is amended by inserting ``36C,'' after
``36B,''.
(B) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(C) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 36B the following new item:
``Sec. 36C. Remittance transfer fees of United States citizens.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable year ending after the date of the
enactment of this Act.
(c) Report Regarding Amount of Remittance Transfers to Each Foreign
Country.--The Commissioner of the United States Customs and Border
Protection shall annually submit to the Committee on Banking, Housing,
and Urban Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Financial
Services and the Committee on Homeland Security of the House of
Representatives an annual report describing the aggregate amount of
remittance transfers made to each foreign country during the year to
which such report relates.
SEC. 2. BORDER ENFORCEMENT TRUST FUND.
(a) Establishment of Fund.--At the end of subchapter III of chapter
33 of title 31, United States Code, insert the following:
``Sec. 3344. Border Enforcement Trust Fund.
``(a) Establishment of Trust Fund.--Not later than 60 days after
the date of enactment of this section, the Secretary of the Treasury
shall establish an account in the Treasury of the United States, to be
known as the `Border Enforcement Trust Fund'.
``(b) Transfers to Trust Fund.--
``(1) In general.--There are hereby appropriated to the
Border Enforcement Trust Fund the excess of--
``(A) amounts collected as remittance transfer fees
under section 920(g) of the Electronic Fund Transfer
Act (15 U.S.C. 1693o-19(g)), over
``(B) credits allowed under section 36C of the
Internal Revenue Code of 1986 with respect to such
amounts.
``(2) Timing and estimates.--Amounts appropriated under
paragraph (1) shall be transferred by the Secretary of the
Treasury at least monthly from the general fund of the Treasury
on the basis of estimates made by the Secretary of the
Treasury. Proper adjustments shall be made in amounts
subsequently transferred to the extent prior estimates where in
excess of or less than the amounts required to be transferred.
``(c) Expenditures From Trust Fund.--Amounts in the Border
Enforcement Trust Fund shall be available, as provided in appropriation
Acts, only to--
``(1) employ and train additional U.S. Border Patrol
agents,
``(2) employ and train officers and support staff employed
in enforcement and removal operations of Immigration and
Customs Enforcement of the Department of Homeland Security,
``(3) plan, design, construct, improve, or maintain
barriers along the international border between the United
States and Mexico, and
``(4) plan, design, construct, improve, or maintain
detention facilities for aliens without lawful immigration
status.''.
(b) Clerical Amendment.--The table of contents for chapter 33 of
title 31, United States Code, is amended by inserting at the end the
following:
``3344. Border Enforcement Trust Fund.''.
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