Sec. 428. Border Security and Trade Modernization Trust Fund
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Subtitle C of title IV of the Homeland Security Act of 2002, as amended by this title, is further amended by adding at the end the following new section: There is hereby established in the Treasury of the United States a trust fund to be known as the Border Security and Trade Modernization Trust Fund (in this section referred to as the Fund ). There shall be deposited in the Fund the following: Amounts authorized and appropriated to that Fund. Surcharges established in subsection (f).
Gifts accepted pursuant to subsection (g). Penalties collected under subchapter II of chapter 12 of title 8, United States Code. The Secretary may use amounts in the fund without further appropriation to carry out the following activities included in the Border Security Improvement Plan submitted under section 439: Acquisition, construction, and installation of physical barriers, tactical infrastructure, cameras, sensors and other technology. Acquisition, construction, renovation, and improvement of short-term detention facilities used for processing of individuals detained by U.S.
Customs and Border Protection and long-term detention facilities used for individuals detained by U.S. Immigration and Customs Enforcement, including facilities to accommodate family units. Acquisition, construction, renovation, and improvement of port of entry facilities. Amounts in the fund shall remain available until expended. Amounts deposited in the Fund may not be used for any activity except those provided for in this section. The Secretary may not expend amounts from the Fund in any fiscal year in which the Border Security Improvement Plan has not been submitted pursuant to section 439.
The Secretary may not incur an obligation under a contract or other agreement entered into to carry out an activity under this section in excess of the unobligated balance, at the time the contract or agreement is entered into, of the Fund required to be used to satisfy the obligation. Notwithstanding any other provision of law— the Secretary shall charge a surcharge of— $40 on the immigrant user fee established under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ); and $6 on the land border inspection fee established under section 286(q) of such Act ( 8 U.S.C. 1356(q) ); and the Secretary of State shall charge a surcharge of $20 on the machine-readable visa fee established under section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ).
Surcharges collected under this subsection shall be deposited in the Fund established under this section. Notwithstanding section 3113 of title 31, the Secretary of the Treasury may accept for the Government a gift of money for deposit in the Fund. Amounts may not be deposited in the Fund and surcharges authorized under subsection
(f)may not be collected on the date that is the sooner of— the date on which the Secretary notifies the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that amounts deposited in the Fund exceed $35,000,000,000; or 15 years after the first date on which amounts are deposited in the Fund under subsection (b). . The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 437, as added by this title, the following new item: Sec. 438. Border Security and Trade Modernization Trust Fund. . Notwithstanding any other provision of law, penalties collected under subchapter II of chapter 12 of title 8, United States Code, shall be deposited in the Border Security and Trade Modernization Trust Fund established under section 438 of the Homeland Security Act of 2002, as added by this section. There are authorized to be appropriated to the Border Security and Trade Modernization Trust Fund established under section 438 of the Homeland Security Act of 2002, as added by this section, $4,500,000,000 for each of fiscal years 2021 and 2022.
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