8 U.S.C. § 1356 : US Code - Section 1356: Disposition of moneys collected under the provisions of this subchapter

Search 8 U.S.C. § 1356 : US Code - Section 1356: Disposition of moneys collected under the provisions of this subchapter

(a) Detention, transportation, hospitalization, and all other
expenses of detained aliens; expenses of landing stations
All moneys paid into the Treasury to reimburse the Service for
detention, transportation, hospitalization, and all other expenses
of detained aliens paid from the appropriation for the enforcement
of this chapter, and all moneys paid into the Treasury to reimburse
the Service for expenses of landing stations referred to in section
1223(b) of this title paid by the Service from the appropriation
for the enforcement of this chapter, shall be credited to the
appropriation for the enforcement of this chapter for the fiscal
year in which the expenses were incurred.
(b) Purchase of evidence
Moneys expended from appropriations for the Service for the
purchase of evidence and subsequently recovered shall be reimbursed
to the current appropriation for the Service.
(c) Fees and administrative fines and penalties; exception
Except as otherwise provided in subsection (a) and subsection (b)
of this section, or in any other provision of this subchapter, all
moneys received in payment of fees and administrative fines and
penalties under this subchapter shall be covered into the Treasury
as miscellaneous receipts: Provided, however, That all fees
received from applicants residing in the Virgin Islands of the
United States, and in Guam, required to be paid under section 1351
of this title, shall be paid over to the Treasury of the Virgin
Islands and to the Treasury of Guam, respectively.
(d) Schedule of fees
In addition to any other fee authorized by law, the Attorney
General shall charge and collect $7 per individual for the
immigration inspection of each passenger arriving at a port of
entry in the United States, or for the preinspection of a passenger
in a place outside of the United States prior to such arrival,
aboard a commercial aircraft or commercial vessel.
(e) Limitations on fees
(1) Except as provided in paragraph (3), no fee shall be charged
under subsection (d) of this section for immigration inspection or
preinspection provided in connection with the arrival of any
passenger, other than aircraft passengers, whose journey originated
in the following:
(A) Canada,
(B) Mexico,
(C) a State, territory or possession of the United States, or
(D) any adjacent island (within the meaning of section
1101(b)(5) of this title).
(2) No fee may be charged under subsection (d) of this section
with respect to the arrival of any passenger - 
(A) who is in transit to a destination outside the United
States, and
(B) for whom immigration inspection services are not provided.
(3) The Attorney General shall charge and collect $3 per
individual for the immigration inspection or pre-inspection of each
commercial vessel passenger whose journey originated in the United
States or in any place set forth in paragraph (1): Provided, That
this requirement shall not apply to immigration inspection at
designated ports of entry of passengers arriving by ferry, or by
Great Lakes vessels on the Great Lakes and connecting waterways
when operating on a regular schedule. For the purposes of this
paragraph, the term "ferry" means a vessel, in other than ocean or
coastwise service, having provisions only for deck passengers
and/or vehicles, operating on a short run on a frequent schedule
between two points over the most direct water route, and offering a
public service of a type normally attributed to a bridge or tunnel.
(f) Collection
(1) Each person that issues a document or ticket to an individual
for transportation by a commercial vessel or commercial aircraft
into the United States shall - 
(A) collect from that individual the fee charged under
subsection (d) of this section at the time the document or ticket
is issued; and
(B) identify on that document or ticket the fee charged under
subsection (d) of this section as a Federal inspection fee.
(2) If - 
(A) a document or ticket for transportation of a passenger into
the United States is issued in a foreign country; and
(B) the fee charged under subsection (d) of this section is not
collected at the time such document or ticket is issued;
the person providing transportation to such passenger shall collect
such fee at the time such passenger departs from the United States
and shall provide such passenger a receipt for the payment of such
fee.
(3) The person who collects fees under paragraph (1) or (2) shall
remit those fees to the Attorney General at any time before the
date that is thirty-one days after the close of the calendar
quarter in which the fees are collected, except the fourth quarter
payment for fees collected from airline passengers shall be made on
the date that is ten days before the end of the fiscal year, and
the first quarter payment shall include any collections made in the
preceding quarter that were not remitted with the previous payment.
Regulations issued by the Attorney General under this subsection
with respect to the collection of the fees charged under subsection
(d) of this section and the remittance of such fees to the Treasury
of the United States shall be consistent with the regulations
issued by the Secretary of the Treasury for the collection and
remittance of the taxes imposed by subchapter C of chapter 33 of
title 26, but only to the extent the regulations issued with
respect to such taxes do not conflict with the provisions of this
section.
(g) Provision of immigration inspection and preinspection services
Notwithstanding section 1353b of this title, or any other
provision of law, the immigration services required to be provided
to passengers upon arrival in the United States on scheduled
airline flights shall be adequately provided when needed and at no
cost (other than the fees imposed under subsection (d) of this
section) to airlines and airline passengers at:
(1) immigration serviced airports, and
(2) places located outside of the United States at which an
immigration officer is stationed for the purpose of providing
such immigration services.
(h) Disposition of receipts
(1)(A) There is established in the general fund of the Treasury a
separate account which shall be known as the "Immigration User Fee
Account". Notwithstanding any other section of this subchapter,
there shall be deposited as offsetting receipts into the
Immigration User Fee Account all fees collected under subsection
(d) of this section, to remain available until expended..(!1) At
the end of each 2-year period, beginning with the creation of this
account, the Attorney General, following a public rulemaking with
opportunity for notice and comment, shall submit a report to the
Congress concerning the status of the account, including any
balances therein, and recommend any adjustment in the prescribed
fee that may be required to ensure that the receipts collected from
the fee charged for the succeeding two years equal, as closely as
possible, the cost of providing these services.
(B) Notwithstanding any other provisions of law, all civil fines
or penalties collected pursuant to sections 1253(c), 1321, and 1323
of this title and all liquidated damages and expenses collected
pursuant to this chapter shall be deposited in the Immigration User
Fee Account.
(2)(A) The Secretary of the Treasury shall refund out of the
Immigration User Fee Account to any appropriation the amount paid
out of such appropriation for expenses incurred by the Attorney
General in providing immigration inspection and preinspection
services for commercial aircraft or vessels and in - 
(i) providing overtime immigration inspection services for
commercial aircraft or vessels;
(ii) administration of debt recovery, including the
establishment and operation of a national collections office;
(iii) expansion, operation and maintenance of information
systems for nonimmigrant control and debt collection;
(iv) detection of fraudulent documents used by passengers
traveling to the United States, including training of, and
technical assistance to, commercial airline personnel regarding
such detection;
(v) providing detention and removal services for inadmissible
aliens arriving on commercial aircraft and vessels and for any
alien who is inadmissible under section 1182(a) of this title who
has attempted illegal entry into the United States through
avoidance of immigration inspection at air or sea ports-of-entry;
and
(vi) providing removal and asylum proceedings at air or sea
ports-of-entry for inadmissible aliens arriving on commercial
aircraft and vessels including immigration removal proceedings
resulting from presentation of fraudulent documents and failure
to present documentation and for any alien who is inadmissible
under section 1182(a) of this title who has attempted illegal
entry into the United States through avoidance of immigration
inspection at air or sea ports-of-entry.
The Attorney General shall provide for expenditures for training
and assistance described in clause (iv) in an amount, for any
fiscal year, not less than 5 percent of the total of the expenses
incurred that are described in the previous sentence.
(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the basis
of estimates made by the Attorney General of the expenses referred
to in subparagraph (A). Proper adjustments shall be made in the
amounts subsequently refunded under subparagraph (A) to the extent
prior estimates were in excess of, or less than, the amount
required to be refunded under subparagraph (A).
(i) Reimbursement
Notwithstanding any other provision of law, the Attorney General
is authorized to receive reimbursement from the owner, operator, or
agent of a private or commercial aircraft or vessel, or from any
airport or seaport authority for expenses incurred by the Attorney
General in providing immigration inspection services which are
rendered at the request of such person or authority (including the
salary and expenses of individuals employed by the Attorney General
to provide such immigration inspection services). The Attorney
General's authority to receive such reimbursement shall terminate
immediately upon the provision for such services by appropriation.
(j) Regulations
The Attorney General may prescribe such rules and regulations as
may be necessary to carry out the provisions of this section.
(k) Advisory committee
In accordance with the provisions of the Federal Advisory
Committee Act, the Attorney General shall establish an advisory
committee, whose membership shall consist of representatives from
the airline and other transportation industries who may be subject
to any fee or charge authorized by law or proposed by the
Immigration and Naturalization Service for the purpose of covering
expenses incurred by the Immigration and Naturalization Service.
The advisory committee shall meet on a periodic basis and shall
advise the Attorney General on issues related to the performance of
the inspectional services of the Immigration and Naturalization
Service. This advice shall include, but not be limited to, such
issues as the time periods during which such services should be
performed, the proper number and deployment of inspection officers,
the level of fees, and the appropriateness of any proposed fee. The
Attorney General shall give substantial consideration to the views
of the advisory committee in the exercise of his duties.
(l) Report to Congress
In addition to the reporting requirements established pursuant to
subsection (h) of this section, the Attorney General shall prepare
and submit annually to the Congress, not later than March 31st of
each year, a statement of the financial condition of the
"Immigration User Fee Account" including beginning account balance,
revenues, withdrawals and their purpose, ending balance,
projections for the ensuing fiscal year and a full and complete
workload analysis showing on a port by port basis the current and
projected need for inspectors. The statement shall indicate the
success rate of the Immigration and Naturalization Service in
meeting the forty-five minute inspection standard and shall provide
detailed statistics regarding the number of passengers inspected
within the standard, progress that is being made to expand the
utilization of United States citizen by-pass, the number of
passengers for whom the standard is not met and the length of their
delay, locational breakdown of these statistics and the steps being
taken to correct any nonconformity.
(m) Immigration Examinations Fee Account
Notwithstanding any other provisions of law, all adjudication
fees as are designated by the Attorney General in regulations shall
be deposited as offsetting receipts into a separate account
entitled "Immigration Examinations Fee Account" in the Treasury of
the United States, whether collected directly by the Attorney
General or through clerks of courts: Provided, however, That all
fees received by the Attorney General from applicants residing in
the Virgin Islands of the United States, and in Guam, under this
subsection shall be paid over to the treasury of the Virgin Islands
and to the treasury of Guam: Provided further, That fees for
providing adjudication and naturalization services may be set at a
level that will ensure recovery of the full costs of providing all
such services, including the costs of similar services provided
without charge to asylum applicants or other immigrants. Such fees
may also be set at a level that will recover any additional costs
associated with the administration of the fees collected.
(n) Reimbursement of administrative expenses; transfer of deposits
to General Fund of United States Treasury
All deposits into the "Immigration Examinations Fee Account"
shall remain available until expended to the Attorney General to
reimburse any appropriation the amount paid out of such
appropriation for expenses in providing immigration adjudication
and naturalization services and the collection, safeguarding and
accounting for fees deposited in and funds reimbursed from the
"Immigration Examinations Fee Account".
(o) Annual financial reports to Congress
The Attorney General shall prepare and submit annually to
Congress statements of financial condition of the "Immigration
Examinations Fee Account", including beginning account balance,
revenues, withdrawals, and ending account balance and projections
for the ensuing fiscal year.
(p) Additional effective dates
The provisions set forth in subsections (m), (n), and (o) of this
section apply to adjudication and naturalization services performed
and to related fees collected on or after October 1, 1988.
(q) Land Border Inspection Fee Account
(1)(A)(i) Notwithstanding any other provision of law, the
Attorney General is authorized to establish, by regulation, not
more than 96 projects under which a fee may be charged and
collected for inspection services provided at one or more land
border points of entry. Such projects may include the establishment
of commuter lanes to be made available to qualified United States
citizens and aliens, as determined by the Attorney General.
(ii) This subparagraph shall take effect, with respect to any
project described in clause (1) (!2) that was not authorized to be
commenced before September 30, 1996, 30 days after submission of a
written plan by the Attorney General detailing the proposed
implementation of such project.
(iii) The Attorney General shall prepare and submit on a
quarterly basis a status report on each land border inspection
project implemented under this subparagraph.
(B) The Attorney General, in consultation with the Secretary of
the Treasury, may conduct pilot projects to demonstrate the use of
designated ports of entry after working hours through the use of
card reading machines or other appropriate technology.
(2) All of the fees collected under this subsection, including
receipts for services performed in processing forms I-94, I-94W,
and I-68, and other similar applications processed at land border
ports of entry, shall be deposited as offsetting receipts in a
separate account within the general fund of the Treasury of the
United States, to remain available until expended. Such account
shall be known as the Land Border Inspection Fee Account.
(3)(A) The Secretary of the Treasury shall refund, at least on a
quarterly basis amounts to any appropriations for expenses incurred
in providing inspection services at land border points of entry.
Such expenses shall include - 
(i) the providing of overtime inspection services;
(ii) the expansion, operation and maintenance of information
systems for nonimmigrant control;
(iii) the hire of additional permanent and temporary
inspectors;
(iv) the minor construction costs associated with the addition
of new traffic lanes (with the concurrence of the General
Services Administration);
(v) the detection of fraudulent documents used by passengers
travelling to the United States;
(vi) providing for the administration of said account.
(B) The amounts required to be refunded from the Land Border
Inspection Fee Account for fiscal years 1992 and thereafter shall
be refunded in accordance with estimates made in the budget request
of the Attorney General for those fiscal years: Provided, That any
proposed changes in the amounts designated in said budget requests
shall only be made after notification to the Committees on
Appropriations of the House of Representatives and the Senate in
accordance with section 606 of Public Law 101-162.
(4) The Attorney General will prepare and submit annually to the
Congress statements of financial condition of the Land Border
Immigration Fee Account, including beginning account balance,
revenues, withdrawals, and ending account balance and projection
for the ensuing fiscal year.
(r) Breached Bond/Detention Fund
(1) Notwithstanding any other provision of law, there is
established in the general fund of the Treasury a separate account
which shall be known as the Breached Bond/Detention Fund (in this
subsection referred to as the "Fund").
(2) There shall be deposited as offsetting receipts into the Fund
all breached cash and surety bonds, in excess of $8,000,000, posted
under this chapter which are recovered by the Department of
Justice, and amount (!3) described in section 1255(i)(3)(b) (!4) of
this title.
(3) Such amounts as are deposited into the Fund shall remain
available until expended and shall be refunded out of the Fund by
the Secretary of the Treasury, at least on a quarterly basis, to
the Attorney General for the following purposes - 
(i) for expenses incurred in the collection of breached bonds,
and
(ii) for expenses associated with the detention of illegal
aliens.
(4) The amounts required to be refunded from the Fund for fiscal
year 1998 and thereafter shall be refunded in accordance with
estimates made in the budget request of the President for those
fiscal years. Any proposed changes in the amounts designated in
such budget requests shall only be made after Congressional
reprogramming notification in accordance with the reprogramming
guidelines for the applicable fiscal year.
(5) The Attorney General shall prepare and submit annually to the
Congress, statements of financial condition of the Fund, including
the beginning balance, receipts, refunds to appropriations,
transfers to the general fund, and the ending balance.
(6) For fiscal year 1993 only, the Attorney General may transfer
up to $1,000,000 from the Immigration User Fee Account to the Fund
for initial expenses necessary to enhance collection efforts:
Provided, That any such transfers shall be refunded from the Fund
back to the Immigration User Fee Account by December 31, 1993.
(s) H-1B Nonimmigrant Petitioner Account
(1) In general
There is established in the general fund of the Treasury a
separate account, which shall be known as the "H-1B Nonimmigrant
Petitioner Account". Notwithstanding any other section of this
subchapter, there shall be deposited as offsetting receipts into
the account all fees collected under paragraphs (9) and (11) of
section 1184(c) of this title.
(2) Use of fees for job training
50 percent of amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Secretary of
Labor until expended for demonstration programs and projects
described in section 2916a of title 29.
(3) Use of fees for low-income scholarship program
30 percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Director of the
National Science Foundation until expended for scholarships
described in section 1869c of title 42 for low-income students
enrolled in a program of study leading to a degree in
mathematics, engineering, or computer science.
(4) National Science Foundation competitive grant program for K-
12 math, science and technology education
(A) In general
10 percent of the amounts deposited into the H-1B
Nonimmigrant Petitioner Account shall remain available to the
Director of the National Science Foundation until expended to
carry out a direct or matching grant program to support private-
public partnerships in K-12 education.
(B) Types of programs covered
The Director shall award grants to such programs, including
those which support the development and implementation of
standards-based instructional materials models and related
student assessments that enable K-12 students to acquire an
understanding of science, mathematics, and technology, as well
as to develop critical thinking skills; provide systemic
improvement in training K-12 teachers and education for
students in science, mathematics, and technology; support the
professional development of K-12 math and science teachers in
the use of technology in the classroom; stimulate system-wide K-
12 reform of science, mathematics, and technology in rural,
economically disadvantaged regions of the United States;
provide externships and other opportunities for students to
increase their appreciation and understanding of science,
mathematics, engineering, and technology (including summer
institutes sponsored by an institution of higher education for
students in grades 7-12 that provide instruction in such
fields); involve partnerships of industry, educational
institutions, and community organizations to address the
educational needs of disadvantaged communities; provide college
preparatory support to expose and prepare students for careers
in science, mathematics, engineering, and technology; and
provide for carrying out systemic reform activities under
section 1862(a)(1) of title 42.
(5) Use of fees for duties relating to petitions
5 percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Secretary of
Homeland Security until expended to carry out duties under
paragraphs (1) and (9) of section 1184(c) of this title related
to petitions made for nonimmigrants described in section
1101(a)(15)(H)(i)(b) of this title, under paragraph (1)(C) or (D)
of section 1154 (!5) of this title related to petitions for
immigrants described in section 1153(b) of this title.
(6) Use of fees for application processing and enforcement
For fiscal year 1999, 4 percent of the amounts deposited into
the H-1B Nonimmigrant Petitioner Account shall remain available
to the Secretary of Labor until expended for decreasing the
processing time for applications under section 1182(n)(1) of this
title and for carrying out section 1182(n)(2) of this title.
Beginning with fiscal year 2000, 5 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
decreasing the processing time for applications under section
1182(n)(1) of this title and section 1182(a)(5)(A) of this title.
(t) Genealogy Fee
(1) There is hereby established the Genealogy Fee for providing
genealogy research and information services. This fee shall be
deposited as offsetting collections into the Examinations Fee
Account. Fees for such research and information services may be set
at a level that will ensure the recovery of the full costs of
providing all such services.
(2) The Attorney General will prepare and submit annually to
Congress statements of the financial condition of the Genealogy
Fee.
(3) Any officer or employee of the Immigration and Naturalization
Service shall collect fees prescribed under regulation before
disseminating any requested genealogical information.
(u) Premium fee for employment-based petitions and applications
The Attorney General is authorized to establish and collect a
premium fee for employment-based petitions and applications. This
fee shall be used to provide certain premium-processing services to
business customers, and to make infrastructure improvements in the
adjudications and customer-service processes. For approval of the
benefit applied for, the petitioner/applicant must meet the legal
criteria for such benefit. This fee shall be set at $1,000, shall
be paid in addition to any normal petition/application fee that may
be applicable, and shall be deposited as offsetting collections in
the Immigration Examinations Fee Account. The Attorney General may
adjust this fee according to the Consumer Price Index.
(v) Fraud Prevention and Detection Account
(1) In general
There is established in the general fund of the Treasury a
separate account, which shall be known as the "Fraud Prevention
and Detection Account". Notwithstanding any other provision of
law, there shall be deposited as offsetting receipts into the
account all fees collected under paragraph (12) or (13) of
section 1184(c) of this title.
(2) Use of fees to combat fraud
(A) Secretary of State
One-third of the amounts deposited into the Fraud Prevention
and Detection Account shall remain available to the Secretary
of State until expended for programs and activities at United
States embassies and consulates abroad - 
(i) to increase the number (!6) diplomatic security
personnel assigned exclusively or primarily to the function
of preventing and detecting fraud by applicants for visas
described in subparagraph (H)(i), (H)(ii), or (L) of section
1101(a)(15) of this title;
(ii) otherwise to prevent and detect visa fraud, including
primarily fraud by applicants for visas described in
subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15)
of this title, in cooperation with the Secretary of Homeland
Security or pursuant to the terms of a memorandum of
understanding or other agreement between the Secretary of
State and the Secretary of Homeland Security; and
(iii) upon request by the Secretary of Homeland Security,
to assist such Secretary in carrying out the fraud prevention
and detection programs and activities described in
subparagraph (B).
(B) Secretary of Homeland Security
One-third of the amounts deposited into the Fraud Prevention
and Detection Account shall remain available to the Secretary
of Homeland Security until expended for programs and activities
to prevent and detect fraud with respect to petitions under
paragraph (1) or (2)(A) of section 1184(c) of this title to
grant an alien nonimmigrant status described in subparagraph
(H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title.
(C) Secretary of Labor
One-third of the amounts deposited into the Fraud Prevention
and Detection Account shall remain available to the Secretary
of Labor until expended for enforcement programs and activities
described in section 1182(n) of this title.
(D) Consultation
The Secretary of State, the Secretary of Homeland Security,
and the Secretary of Labor shall consult one another with
respect to the use of the funds in the Fraud Prevention and
Detection Account or for programs and activities to prevent and
detect fraud with respect to petitions under paragraph (1) or
(2)(A) of section 1184(c) of this title to grant an alien
nonimmigrant status described in section 1101(a)(15)(H)(ii) of
this title.