Pub. L. 101-515, tit. II, sec. 210

Sec. 210. (a) Section 286 of the Immigration and Nationality Act of 1952 (8 U.S.C. 1356), as amended, is further amended— (1) by inserting in subsection (e)(1), after the word “passenger” the phrase “, other than aircraft passengers,”; (2) by inserting “, 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” after the words “in which fees are collected” in subsection (f)(3); (3) by inserting “, within forty-five minutes of their presentation for inspection,” after the word “provided” and before the words “when needed” in subsection (g); (4) by striking the first two sentences of subsection (h)(1)(A) and inserting “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 title, 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” before the words “At the end of each 2-year period”. (5) by replacing the previously repealed subsection (1) with the following new subsection— “(l) Report to Congress.—In addition to the reporting requirements established pursuant to subsection (h), 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.”. (b) The amendment made by subsection (a)(1) of this section shall apply to fees charged only with respect to immigration inspection or preinspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1990. (c) Pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, the amendments made by this section which transfer receipts from one fiscal year to 104 STAT. 2121the next are a necessary (but secondary) result of a significant policy change. (d) Section 286 of the Immigration and Nationality Act of 1952 (8 U.S.C. 1356), as amended, is further amended— (1) by inserting in subsection (m), after the phrase “shall be deposited” the phrase “as offsetting receipts”; (2) by inserting in subsection (m), after the phrase “the treasury of Guam” the following: “: 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”; (3) by inserting a new subsection after subsection (p) as follows: “(q) Land Border Inspection Fee Account.—(1) Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, a project under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such project may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney General. “(2) All of the fees collected under this subsection 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 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. 104 STAT. 2122 “(5)(A) The program authorized in this subsection shall terminate on September 30, 1993, unless further authorized by an Act of Congress. “(B) The provisions set forth in this subsection shall take effect 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of the project specified in subsection (q)(1). “(C) If implemented, the Attorney General shall prepare and submit on a quarterly basis, until September 30, 1993, a status report on the land border inspection project.”.