I 

118TH CONGRESS 

1ST SESSION H. R. 6817 

To impose a fee on certain remittance transfers to fund border security. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2023 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REMITTANCE TRANSFER FEE. 

4 (a) IN GENERAL.—Section 920 of the Electronic 

5 Fund Transfer Act (relating to remittance transfers) (15 

6 U.S.C. 1693o–1) is amended— 

7 (1) by redesignating subsection (g) as sub8 section (h); 

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1 (2) by inserting after subsection (f) the fol2 lowing: 

3 ‘‘(g) REMITTANCE TRANSFER FEE.— 

4 ‘‘(1) IN GENERAL.—If the designated recipient 

5 of a remittance transfer is located outside of the 

6 United States, a remittance transfer provider shall 

7 collect from the sender of such remittance transfer 

8 a remittance transfer fee equal to 10 percent of the 

9 United States dollar amount to be transferred. 

10 ‘‘(2) TRANSFER OF FUNDS.—Not later than 90 

11 days after the date of the enactment of this sub12 section, the Secretary of the Treasury, in consulta13 tion with the Bureau and remittance transfer pro14 viders, shall develop and make available a system for 

15 remittance transfer providers to submit the remit16 tance transfer fees collected in accordance with para17 graph (1) to the Secretary for transfer to the Border 

18 Enforcement Trust Fund in accordance with section 

19 3344(b) of title 31, United States Code. 

20 ‘‘(3) PENALTIES.— 

21 ‘‘(A) IN GENERAL.—Whoever, with the in22 tent to evade a remittance transfer fee to be 

23 collected in accordance with this subsection, 

24 and who has knowledge that, at the time of 

25 such remittance transfer, the value of the funds 

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1 involved in the transfer will be further trans2 ferred to a recipient located outside of the 

3 United States, requests or facilitates such re4 mittance transfer to a recipient located outside 

5 of the United States— 

6 ‘‘(i) shall be subject to a penalty of 

7 not more than the greater of— 

8 ‘‘(I) $500,000; or 

9 ‘‘(II) twice the value of the funds 

10 involved in such remittance transfer; 

11 ‘‘(ii) imprisonment for not more than 

12 20 years; or 

13 ‘‘(iii) both penalties set forth in 

14 clauses (i) and (ii). 

15 ‘‘(B) AIDING OR HARBORING AN INDI16 VIDUAL CONSPIRING TO AVOID THE FEE.—Any 

17 foreign country that, in the joint determination 

18 of the Secretary of Homeland Security, the Sec19 retary of the Treasury, and the Secretary of 

20 State, aids or harbors an individual conspiring 

21 to avoid the fee collected in accordance with 

22 this subsection shall be ineligible, in the discre23 tion of the Secretaries described in this sub24 paragraph— 

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1 ‘‘(i) to receive United States foreign 

2 assistance; or 

3 ‘‘(ii) to participate in the visa waiver 

4 program under section 217 of the Immi5 gration and Nationality Act (8 U.S.C. 

6 1187) or any other immigration pro7 gram.’’; and 

8 (3) in subsection (h)(2), as redesignated— 

9 (A) in subparagraph (A), by striking 

10 ‘‘and’’ at the end; 

11 (B) in subparagraph (B), by inserting 

12 ‘‘and’’ at the end; and 

13 (C) by adding at the end the following: 

14 ‘‘(C) for purposes of applying the fee re15 quired under subsection (g)(1), does not include 

16 payments for valuable consideration.’’. 

17 (b) REFUNDABLE INCOME TAX CREDIT ALLOWED

18 TO CITIZENS OF THE UNITED STATES FOR REMITTANCE

19 TRANSFER FEES.— 

20 (1) IN GENERAL.—Subpart C of part IV of sub21 chapter A of chapter 1 of the Internal Revenue Code 

22 of 1986 is amended by adding at the end the fol23 lowing: 

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1 ‘‘SEC. 36C. REMITTANCE TRANSFER FEES OF UNITED 

2 STATES CITIZENS. 

3 ‘‘In the case of any individual who is a citizen of the 

4 United States, there shall be allowed as a credit against 

5 the tax imposed by this subtitle for any taxable year an 

6 amount equal to the aggregate amount of remittance 

7 transfer fees paid by such individual under section 920(g) 

8 of the Electronic Fund Transfer Act (15 U.S.C. 1693o– 

9 1(g)) during such taxable year.’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) Section 6211(b)(4)(A) of the Internal 

12 Revenue Code of 1986 is amended by inserting 

13 ‘‘36C,’’ after ‘‘36B,’’. 

14 (B) Section 1324(b)(2l of title 31, 

15 United States Code, is amended by inserting 

16 ‘‘36C,’’ after ‘‘36B,’’. 

17 (C) The table of sections for subpart C of 

18 part IV of subchapter A of chapter 1 of the In19 ternal Revenue Code of 1986 is amended by in20 serting after the item relating to section 36B 

21 the following new item: 

‘‘Sec. 36C. Remittance transfer fees of United States citizens.’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall apply to taxable years end24 ing after the date of the enactment of this Act. 

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1 (c) REPORT REGARDING AMOUNT OF REMITTANCE

2 TRANSFERS TO EACH FOREIGN COUNTRY.—The Commis3 sioner of U.S. Customs and Border Protection shall sub4 mit an annual report to the Committee on Banking, Hous5 ing, and Urban Affairs of the Senate, the Committee on 

6 Homeland Security and Governmental Affairs of the Sen7 ate, the Committee on Financial Services of the House of 

8 Representatives, and the Committee on Homeland Secu9 rity of the House of Representatives that describes the ag10 gregate amount of remittance transfers made to each for11 eign country during the year to which such report relates. 

12 SEC. 2. BORDER ENFORCEMENT TRUST FUND. 

13 (a) ESTABLISHMENT.—Subchapter III of chapter 33 

14 of title 31, United States Code, is amended by adding at 

15 the end the following: 

16 ‘‘§ 3344. Border Enforcement Trust Fund. 

17 ‘‘(a) ESTABLISHMENT OF TRUST FUND.—Not later 

18 than 60 days after the date of the enactment of this sec19 tion, the Secretary of the Treasury shall establish an ac20 count in the Treasury of the United States, which shall 

21 be known as the ‘Border Enforcement Trust Fund’ (re22 ferred to in this section as the ‘Trust Fund’). 

23 ‘‘(b) TRANSFERS TO TRUST FUND.— 

24 ‘‘(1) IN GENERAL.—There shall be deposited 

25 into the Trust Fund, from amounts collected as reVerDate Sep 11 2014 21:50 Jan 03, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6817.IH H6817
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1 mittance transfer fees under section 920(g) of the 

2 Electronic Fund Transfer Act (15 U.S.C. 1693o– 

3 1(g)), an amount equal to the difference between— 

4 ‘‘(A) the amount of such remittance trans5 fer fees collected after the establishment of the 

6 Trust Fund; and 

7 ‘‘(B) the amount of credits allowed under 

8 section 36C of the Internal Revenue Code of 

9 1986 with respect to such remittance transfer 

10 fees. 

11 ‘‘(2) TIMING AND ESTIMATES.—Amounts de12 scribed in paragraph (1) shall be deposited into the 

13 Trust Fund by the Secretary of the Treasury at 

14 least monthly from the general fund of the Treasury 

15 on the basis of estimates made by the Secretary of 

16 the Treasury. Proper adjustments shall be made in 

17 amounts subsequently transferred to the extent prior 

18 estimates were in excess of, or less than, the 

19 amounts required to be deposited pursuant to this 

20 subsection. 

21 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 

22 in the Trust Fund may only be used, consistent with ap23 propriation Acts— 

24 ‘‘(1) to employ and train additional U.S. Bor25 der Patrol agents; 

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1 ‘‘(2) to employ and train officers and support 

2 staff employed in enforcement and removal oper3 ations of U.S. Immigration and Customs Enforce4 ment; 

5 ‘‘(3) to plan, design, construct, improve, or 

6 maintain barriers along the international border be7 tween the United States and Mexico; and 

8 ‘‘(4) to plan, design, construct, improve, or 

9 maintain detention facilities for aliens residing in 

10 the United States without lawful immigration sta11 tus.’’. 

12 (b) CLERICAL AMENDMENT.—The chapter analysis 

13 for chapter 33 of title 31, United States Code, is amended 

14 by inserting at the end the following: 

‘‘3344. Border Enforcement Trust Fund.’’. 

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