Border Protection Fund Act

Border Protection Fund Act

This bill amends the federal judicial code to direct the Department of Justice (DOJ) to deposit certain unobligated balances from the DOJ Assets Forfeiture Fund into a special subfund—the Border Protection Fund—to provide money: (1) to construct and maintain physical barriers and other measures along the U.S. border, and (2) to combat drug addiction through federal treatment and recovery programs and initiatives.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3526 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3526

    To amend title 28, United States Code, to allow the use of the 
 Department of Justice Asset Forfeiture Fund to finance United States 
           border security measures, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

  Mr. Rothfus (for himself and Mr. Peterson) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 28, United States Code, to allow the use of the 
 Department of Justice Asset Forfeiture Fund to finance United States 
           border security measures, 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 Protection Fund Act''.

SEC. 2. DEPARTMENT OF JUSTICE ASSET FORFEITURE FUND.

    Section 524(c) of title 28, United States Code, is amended by 
adding at the end the following:
            ``(12) Notwithstanding any other provision of this 
        subsection the Attorney General shall by rule provide for the 
        following:
                    ``(A) The Attorney General will deposit any 
                unobligated balance of forfeited cash, monetary 
                instruments, or commodity money derived from civil 
                forfeitures, or criminal judgements, relating to the 
                illicit trafficking of weapons, persons, or narcotics, 
                from the Department of Justice Asset Forfeiture Fund in 
                to a special subfund, to be known as the Border 
                Protection Fund and hereinafter in this paragraph 
                referred to as the `BP Fund.' Half of any deposit into 
                the BP Fund shall be allocated to the agencies listed 
                in subparagraph (B). The remaining half shall be 
                allocated to the Department of Health and Human 
                Services as listed in subparagraph (C).
                    ``(B) Upon request by the head of the Department of 
                Homeland Security, the Federal Bureau of Investigation, 
                or the Drug Enforcement Agency, the Attorney General 
                may provide money from the BP fund for any of the 
                following purposes:
                            ``(i) Construction and maintenance of 
                        physical barriers along the United States 
                        border.
                            ``(ii) Construction and maintenance of 
                        virtual fencing measures along the border as 
                        cited in the Secure Fence Act as amended.
                            ``(iii) Purchase, maintenance, and 
                        operation of unmanned aircraft systems to 
                        monitor national boundaries.
                            ``(iv) Compensation to Federal law 
                        enforcement for any overtime work conducted 
                        during the course of their work.
                            ``(v) Compensation to foreign governments 
                        for any expenses incurred while assisting the 
                        United States during joint border protection 
                        endeavors.
                    ``(C) Upon request by the head of the Department of 
                Health and Human Services, the Attorney General may 
                provide money from the BP fund for purposes of 
                combating drug addiction through Federal treatment and 
                recovery programs and initiatives.
                    ``(D) The presiding Federal trial court judge, in 
                their discretion, of any criminal case relating to the 
                illicit trafficking of weapons, persons, or narcotics, 
                may order that any fines imposed during sentencing be 
                directed to the Secretary of the Treasury for deposit 
                into the BP Fund.
                    ``(E) Notwithstanding subsections 524(c)(12)(B)(iv) 
                and (v), funds released from the BP Fund may not be 
                used for reimbursement purposes.''.
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