TREATMENT OF CERTAIN FEES.

SEC. 376. TREATMENT OF CERTAIN FEES. (a) Increase in Fee.— Section 245(i) (8 U.S.C. 1255(i)), as added by section 506(b) of Public Law 103–317, is amended— (1) in paragraph (1), by striking “five times the fee required for the processing of applications under this section” and inserting “$1,000”; and (2) by amending paragraph (3) to read as follows: “(3) (A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 286. “(B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the Immigration Detention Account established under section 286(s).”. (b) Immigration Detention Account.— Section 286 (8 U.S.C. 1356) is amended by adding at the end the following new subsection: “(s) Immigration Detention Account.— (1) There is established in the general fund of the Treasury a separate account which shall be known as the ‘Immigration Detention Account’. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Immigration Detention Account amounts described in section 245(i)(3)(B) to remain available until expended. “(2) (A) The Secretary of the Treasury shall refund out of the Immigration Detention Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General for the detention of aliens under sections 236(c) and 241(a). 110 STAT. 3009–649 “(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). “(C) The amounts required to be refunded from the Immigration Detention Account for fiscal year 1997 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in such 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 605 of Public Law 104–134. “(D) The Attorney General shall prepare and submit annually to the Congress statements of financial condition of the Immigration Detention Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.”. (c) Effective Date.— The amendments made by this section shall apply to applications made on or after the end of the 90-day period beginning on the date of the enactment of this Act.