Sec. 9. Comprehensive Immigration Reform Funds
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There is established in the Treasury a separate account, to be known as the Comprehensive Immigration Reform Trust Fund (referred to in this section as the Trust Fund ), consisting of— amounts transferred from the general fund of the Treasury under paragraph (2)(A); and proceeds from the fees described in paragraph (2)(B). On the later of the date of the enactment of this Act or October 1, 2013, $8,300,000,000 shall be transferred from the general fund of the Treasury to the Trust Fund.
Notwithstanding section 3302 of title 31, United States Code, in addition to the funding described in subparagraph (A), and subject to paragraphs (3)(B) and (4), the following amounts shall be deposited in the Trust Fund: Fees collected under section 217(h)(3)(B)(i)(II) of the Immigration and Nationality Act, as added by section 1102(c). Penalties collected under section 245B(c)(10)(C) of the Immigration and Nationality Act, as added by section 2101. Penalties collected under section 2211(b)(9)(C).
Fines collected under section 245F(a)(5) of the Immigration and Nationality Act, as added by section 2212(a). Fines collected under section 245F(f) of the Immigration and Nationality Act, as added by section 2212(a). Fees collected under section 203(c)(6) of the Immigration and Nationality Act, as amended by section 2301(a)(2). Fees collected under section 281(d) of the Immigration and Nationality Act, as added by section 4105. Fees collected under section 212(n)(1)(F)(ii) of the Immigration and Nationality Act, as amended by section 4211(d).
Fees collected under section 4233(a)(2). Fees collected under section 4305(a)(2). Fees collected under section 281(e) of the Immigration and Nationality Act, as added by section 4407. Fees collected under section 281(f) of the Immigration and Nationality Act, as added by section 4408. Fees collected under section 214(w)(1)(B) of the Immigration and Nationality Act, as added by section 4504(b). Fees collected under section 281(g) of the Immigration and Nationality Act, as added by section 4509.
Fees collected under section 214(x)(5)(A) of the Immigration and Nationality Act, as added by section 4602(a). Fees collected under section 214(z) of the Immigration and Nationality Act, as added by section 4604. Fees collected under section 214(s)(6) of the Immigration and Nationality Act, as added by section 4801. Penalties collected under section 245C(c)(5)(B) of the Immigration and Nationality Act, as added by section 2102. As necessary to carry out the purposes of this Act, the Secretary may adjust the amounts of the fees and penalties set out under subparagraph (B), except for the fines and penalties referred to in clauses (ii), (iii), (iv), or (xviii) of such subparagraph.
Of the amounts transferred to the Trust Fund pursuant to paragraph (2)(A)— $3,000,000,000 shall remain available for the 5-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary to carry out the Border Security Results Strategy; $2,000,000,000 shall remain available for the 10-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary to carry out programs, projects, and activities recommended by the Commission pursuant to section 5(d) to achieve and maintain the border security goal specified in section 4(b); $1,500,000,000 shall be made available to the Secretary, during the 5-year period beginning on the date of the enactment of this Act, to procure and deploy fencing, infrastructure, personnel, and technology in accordance with the Border Security Results Strategy established pursuant to section 6, not less than $1,000,000,000 of which shall be used for fencing, infrastructure, personnel, and technology at ports of entry in accordance with section 6(c)(1)(A); $750,000,000 shall remain available for the 6-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary to expand and implement the mandatory employment verification system, which shall be used as required by section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ), as amended by section 3101; $900,000,000 shall remain available for the 8-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary of State to pay for one-time and startup costs necessary to implement this Act; and $150,000,000 shall remain available for the 2-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary for transfer to the Secretary of Labor, the Secretary of Agriculture, or the Attorney General, for initial costs of implementing this Act.
The first $8,300,000,000 collected pursuant to the fees, penalties, and fines referred to in clauses (ii), (iii), (iv), (vi), (xiii), (xvii), and (xviii) of paragraph (2)(B) shall be collected, deposited in the general fund of the Treasury, and used for Federal budget deficit reduction. Collections in excess of $8,300,000,000 shall be deposited into the Trust Fund, as specified in paragraph (2)(B). Amounts deposited into the Trust Fund pursuant to paragraph (2)(B) shall be available during each of fiscal years 2014 through 2018 as follows: $50,000,000 to carry out the activities referenced in section 1104(a)(1). $50,000,000 to carry out the activities referenced in section 1104(b).
Subject to the availability of appropriations, amounts deposited in the Trust Fund pursuant to paragraph (2)(B) are authorized to be appropriated as follows: Such sums as may be necessary to carry out the authorizations included in this Act. Such sums as may be necessary to carry out the operations and maintenance of border security and immigration enforcement investments referenced in subparagraph (A). The Secretary, in consultation with the Attorney General and the Secretary of Defense, shall submit to the Committee on Appropriations of the Senate , the Committee on the Judiciary of the Senate , the Committee on Appropriations of the House of Representatives , and the Committee on the Judiciary of the House of Representatives , in conjunction with the Border Security Results Strategy, a plan for expenditure that describes— the types and planned deployment of fixed, mobile, video, and agent and officer portable surveillance and detection equipment, including those recommended or provided by the Department of Defense; the number of Border Patrol agents and Customs and Border Protection officers to be hired, including a detailed description of which Border Patrol sectors and which land border ports of entry they will be stationed; the numbers and type of unarmed, unmanned aerial systems and unarmed, fixed-wing and rotary aircraft, including pilots, air interdiction agents, and support staff to fly or otherwise operate and maintain the equipment; the numbers, types, and planned deployment of marine and riverine vessels, if any, including marine interdiction agents and support staff to operate and maintain the vessels; the locations, amount, and planned deployment of fencing, including double layer fencing, tactical and other infrastructure, and technology, including but not limited to fixed towers, sensors, cameras, and other detection technology; the numbers, types, and planned deployment of ground-based mobile surveillance systems; the numbers, types, and planned deployment of tactical and other interoperable law enforcement communications systems and equipment; required construction, including repairs, expansion, and maintenance, and location of additional checkpoints, Border Patrol stations, and forward operating bases; the number of additional attorneys and support staff for the Office of the United States Attorney for Tucson; the number of additional support staff and interpreters in the Office of the Clerk of the Court for Tucson; the number of additional personnel, including Marshals and Deputy Marshals for the United States Marshals Office for Tucson; the number of additional magistrate judges for the southern border United States District Courts; activities to be funded by the Homeland Security Border Oversight Task Force; amounts and types of grants to States and other entities; amounts and activities necessary to hire additional personnel and for start-up costs related to upgrading software and information technology necessary to transition from a voluntary E-Verify system to mandatory employment verification system under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) within 5 years; the number of additional personnel and other costs associated with implementing the immigration courts and removal proceedings mandated in subtitle E of title III; the steps the Commissioner of Social Security plans to take to create a fraud-resistant, tamper-resistant, wear-resistant, and identity-theft resistant Social Security card, including— the types of equipment needed to create the card; the total estimated costs for completion that clearly delineates costs associated with the acquisition of equipment and transition to operation, subdivided by fiscal year and including a description of the purpose by fiscal year for design, pre-acquisition activities, production, and transition to operation; the number and type of personnel, including contract personnel, required to research, design, test, and produce the card; and a detailed schedule for production of the card, including an estimated completion date at the projected funding level provided in this Act; and the operations and maintenance costs associated with the implementation of clauses
(i)through (xvii). The expenditure plan required in
(E)shall be revised and submitted with the President’s budget proposals for fiscal year 2016, 2017, 2018, and 2019 pursuant to the requirements of section 1105(a) of title 31, United States Code. Southern Border Security Commission referenced in section 5 is established, the Secretary shall submit to the appropriate committees of Congress, not later than 60 days after the submission of the review required by section 5(g), a plan for expenditure that achieves the recommendations in the report required by section 5(d) and the review required by section 5(g). clause (i), the term ‘‘appropriate committees of Congress’’ means— the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Finance of the Senate; and the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Ways and Means of the House of Representatives. No fee deposited in the Trust Fund may be collected except to the extent that the expenditure of the fee is provided for in advance in an appropriations Act only to pay the costs of activities and services for which appropriations are authorized to be funded from the Trust Fund. Until the date of the enactment of an Act making appropriations for the activities authorized under this Act through September 30, 2014, the fees authorized by paragraph (2)(B) that are not deposited into the general fund pursuant to paragraph (3)(B) may be collected and shall be credited as to the Trust Fund to remain available until expended only to pay the costs of activities and services for which appropriations are authorized to be funded from the Trust Fund. There is established in the Treasury a separate account, to be known as the Comprehensive Immigration Reform Startup Account, (referred to in this section as the Startup Account ), consisting of amounts transferred from the general fund of the Treasury under paragraph (2). There is appropriated to the Startup Account, out of any funds in the Treasury not otherwise appropriated, $3,000,000,000, to remain available until expended on the later of the date that is— the date of the enactment of this Act; or October 1, 2013. Notwithstanding section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), 50 percent of fees collected under section 245B(c)(10)(A) of the Immigration and Nationality Act, as added by section 2101 of this Act, shall be deposited monthly in the general fund of the Treasury and used for Federal budget deficit reduction until the funding provided by paragraph
(2)has been repaid. Fees collected in excess of the amount referenced in subparagraph
(A)shall be deposited in the Immigration Examinations Fee Account, pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), and shall remain available until expended pursuant to section 286(n) of the Immigration and Nationality Act ( 8 U.S.C. 1356(n) ). The Secretary shall use the amounts transferred to the Startup Account to pay for one-time and startup costs necessary to implement this Act, including— equipment, information technology systems, infrastructure, and human resources; outreach to the public, including development and promulgation of any regulations, rules, or other public notice; grants to community and faith-based organizations; and anti-fraud programs and actions related to implementation of this Act. Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General and the Secretary of Defense, shall submit to the Committee on Appropriations and the Committee on the Judiciary of the Senate and the Committee on Appropriations and the Committee on the Judiciary of the House of Representatives, a plan for expenditure of the one-time and startup funds in the Startup Account that provides details on— the types of equipment, information technology systems, infrastructure, and human resources; the plans for outreach to the public, including development and promulgation of any regulations, rules, or other public notice; the types and amounts of grants to community and faith-based organizations; and the anti-fraud programs and actions related to implementation of this Act. Not later than October 1 each year beginning on or after the date of the enactment of this Act, the Chief Financial Officer of the Department of Homeland Security shall, in conjunction with the Inspector General of the Department of Homeland Security, conduct an audit of the Trust Fund. Upon completion of each audit of the Trust Fund under paragraph (1), the Chief Financial Officer shall, in conjunction with the Inspector General, submit to Congress, and make available to the public on an Internet website of the Department available to the public, a jointly audited financial statement concerning the Trust Fund. Each audited financial statement under paragraph
(2)shall include the following: The report of an independent certified public accountant. A balance sheet reporting admitted assets, liabilities, capital and surplus. A statement of cash flow. Such other information on the Trust Fund as the Chief Financial Officer, the Inspector General, or the independent certified public accountant considers appropriate to facilitate a comprehensive understanding of the Trust Fund during the year covered by the financial statement. In the Senate, amounts appropriated by or deposited in the general fund of the Treasury pursuant to this section are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. Amounts appropriated by or deposited in the general fund of the Treasury pursuant to this section are designated as an emergency requirement under section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ; 2 U.S.C. 933(g) ).
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- Pub. L. 111-139
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Sec. 9
Comprehensive Immigration Reform Funds
Pub. L.Pub. L. 111-139
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