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United States Code (Last Updated: May 24, 2014) |
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Title 8. ALIENS AND NATIONALITY |
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Chapter 12. IMMIGRATION AND NATIONALITY |
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SubChapter II. IMMIGRATION |
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Part IX. Miscellaneous |
§ 1356. Disposition of moneys collected under the provisions of this subchapter
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(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.. 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 immigration benefit fraud, including fraud with respect to petitions filed under paragraph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant status described in subparagraph (H) 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 wage and hour enforcement programs and activities otherwise authorized to be conducted by the Secretary of Labor that focus on industries likely to employ nonimmigrants, including enforcement programs and activities described in section 1182(n) of this title and enforcement programs and activities related to section 1184(c)(14)(A)(i) 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.
Amendments
For termination of amendment by section 107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.
References In Text
This chapter, referred to in subsecs. (a), (h)(1)(B), and (r)(2), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Subchapter C of chapter 33 of title 26, referred to in subsec. (f)(3), is classified to section 4261 et seq. of Title 26, Internal Revenue Code.
The Federal Advisory Committee Act, referred to in subsec. (k), is Pub. L. 92–463,
Section 606 of Public Law 101–162, referred to in subsec. (q)(3)(B), is section 606 of Pub. L. 101–162, title VI,
Amendments
2009—Subsec. (v)(2)(B), (C). Pub. L. 111–117, which directed substitution of subpars. (B) and (C) for “subparagraphs (B) and (C) that appear within section 426(b) of division J of” Pub. L. 108–447, was executed by adding subpars. (B) and (C) to subsec. (v)(2) and striking out former subpars. (B) and (C), to reflect the probable intent of Congress. See 2004 Amendment note below. Prior to amendment, subpars. (B) and (C) read as follows:
“(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.”
2007—Subsec. (v)(2)(A)(i). Pub. L. 109–472, § 2(1), inserted “or primarily” after “exclusively”.
Subsec. (v)(2)(A)(ii). Pub. L. 109–472, § 2(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “otherwise to prevent and detect such fraud pursuant to the terms of a memorandum of understanding or other cooperative agreement between the Secretary of State and the Secretary of Homeland Security; and”.
2005—Subsec. (s)(6). Pub. L. 109–13, § 6046, inserted “and section 1182(a)(5)(A) of this title” before period at end.
Subsec. (v). Pub. L. 109–13, § 403(b)(2), struck out “H–1B and L” before “Fraud Prevention” in heading.
Subsec. (v)(1). Pub. L. 109–13, § 403(b)(1)(A), (B), struck out “H–1B and L” before “Fraud Prevention” and substituted “paragraph (12) or (13) of section 1184(c) of this title” for “section 1184(c)(12) of this title”.
Subsec. (v)(2)(A). Pub. L. 109–13, § 403(b)(1)(A), struck out “H–1B and L” before “Fraud Prevention” in introductory provisions.
Subsec. (v)(2)(A)(i). Pub. L. 109–13, § 403(b)(1)(C), substituted “(H)(i), (H)(ii),” for “(H)(i)”.
Subsec. (v)(2)(B). Pub. L. 109–13, § 403(b)(1)(A), (C), struck out “H–1B and L” before “Fraud Prevention” and substituted “(H)(i), (H)(ii),” for “(H)(i)”.
Subsec. (v)(2)(C). Pub. L. 109–13, § 403(b)(1)(A), struck out “H–1B and L” before “Fraud Prevention”.
Subsec. (v)(2)(D). Pub. L. 109–13, § 403(b)(1)(A), (D), struck out “H–1B and L” before “Fraud Prevention” and inserted “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” before period at end.
2004—Subsec. (s)(2). Pub. L. 108–447, § 427(1), substituted “50 percent” for “55 percent”.
Subsec. (s)(3). Pub. L. 108–447, § 427(2), substituted “30 percent” for “22 percent”.
Subsec. (s)(4)(A). Pub. L. 108–447, § 427(3), substituted “10 percent” for “15 percent”.
Subsec. (s)(5). Pub. L. 108–447, § 427(4), substituted “5 percent” for “4 percent” and “Secretary of Homeland Security” for “Attorney General”.
Subsec. (s)(6). Pub. L. 108–447, § 427(5), substituted “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” for “Beginning with fiscal year 2000, 2 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, and 2 percent of such amounts shall remain available to such Secretary until expended for carrying out section 1182(n)(2) of this title. Notwithstanding the preceding sentence, both of the amounts made available for any fiscal year (beginning with fiscal year 2000) pursuant to the preceding sentence shall be available to such Secretary, and shall remain available until expended, only for decreasing the processing time for applications under section 1182(n)(1) of this title until the Secretary submits to the Congress a report containing a certification that, during the most recently concluded calendar year, the Secretary substantially complied with the requirement in section 1182(n)(1) of this title relating to the provision of the certification described in section 1101(a)(15)(H)(i)(b) of this title within a 7-day period”.
Subsec. (v). Pub. L. 108–447, § 426(b), added subsec. (v).
2003—Subsec. (e)(3). Pub. L. 108–7, § 108, added par. (3) and struck out former par. (3) which read as follows: “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 the following vessels, when operating on a regular schedule: Great Lakes international ferries, or Great Lakes Vessels on the Great Lakes and connecting waterways.”
Subsec. (m). Pub. L. 108–7, § 107, repealed Pub. L. 107–296, § 457. See 2002 Amendment note below.
Subsec. (s)(1). Pub. L. 108–77, §§ 107(c), 402(d)(2), temporarily substituted “paragraphs (9) and (11) of section 1184(c) of this title” for “section 1184(c)(9) of this title”. See Effective and Termination Dates of 2003 Amendment note below.
2002—Subsec. (e)(3). Pub. L. 107–206 substituted “shall” for “is authorized to” and “requirement” for “authorization”.
Subsec. (g). Pub. L. 107–173 struck out “, within forty-five minutes of their presentation for inspection,” after “adequately provided” in introductory provisions.
Subsec. (m). Pub. L. 107–296, § 457, which directed the substitution of “such services.” for “such services, including the costs of similar services provided without charge to asylum applicants or other immigrants.”, was repealed by Pub. L. 108–7, § 107.
Subsec. (q)(2). Pub. L. 107–273 inserted “, 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,” after “subsection”.
2001—Subsec. (d). Pub. L. 107–77, § 109(1), substituted “$7” for “$6”.
Subsec. (e)(1). Pub. L. 107–77, § 109(2), substituted “Except as provided in paragraph (3), no” for “No”.
Subsec. (e)(3). Pub. L. 107–77, § 109(3), added par. (3).
Subsec. (q)(1)(A)(i). Pub. L. 107–77, § 110, which directed the substitution of “96” for “6” in section 286(q)(1)(A) of the Immigration and Nationality Act of 1953, was executed by making the substitution in section 286(q)(1)(A) of the Immigration and Nationality Act to reflect the probable intent of Congress.
2000—Subsec. (s)(2). Pub. L. 106–313, § 110(a)(1), substituted “55 percent” for “56.3 percent”.
Subsec. (s)(3). Pub. L. 106–313, § 113(b), provided that in the amendment made by section 110(a)(2) of Pub. L. 106–313 the figure to be inserted is deemed to be “22 percent”. See below.
Pub. L. 106–313, § 110(a)(2), substituted “23.5 percent” for “28.2 percent”. See above.
Subsec. (s)(4). Pub. L. 106–313, § 110(a)(3), amended heading and text of par. (4) generally. Prior to amendment, text read as follows:
“(A) Grants for mathematics, engineering, or science enrichment courses.—4 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 make merit-reviewed grants, under section 1862(a)(1) of title 42, for programs that provide opportunities for enrollment in year-round academic enrichment courses in mathematics, engineering, or science.
“(B) Systemic reform activities.—4 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 systemic reform activities administered by the National Science Foundation under section 1862(a)(1) of title 42.”
Subsec. (s)(5). Pub. L. 106–313, § 113(a), amended text of par. (5) generally. Prior to amendment, text read as follows: “1.5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Attorney General 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, to decrease the processing time for such petitions, and to carry out duties under section 416 of the American Competitiveness and Workforce Improvement Act of 1998. Such amounts shall be available in addition to any other fees authorized to be collected by the Attorney General with respect to such petitions.”
Subsec. (s)(6). Pub. L. 106–554, which directed amendment of section 286(s)(6) of the Immigration and Naturalization Act by inserting “and section 1182(a)(5)(A) of this title” after “decreasing the processing time for applications under section 1182(n)(1) of this title”, was executed by making the amendment to subsec. (s)(6) of this section, which is section 286 of the Immigration and Nationality Act, to reflect the probable intent of Congress.
Pub. L. 106–313, § 113(b), provided that in the amendments made by section 110(a)(4) and (5) of Pub. L. 106–313 the figures to be inserted are deemed to be “4 percent” and “2 percent”, respectively. See below.
Pub. L. 106–313, § 110(a)(4), substituted “5 percent” for “6 percent”. See above.
Pub. L. 106–313, § 110(a)(5), substituted “2.5 percent” for “3 percent” in two places. See above.
Subsecs. (t), (u). Pub. L. 106–553 added subsecs. (t) and (u).
1999—Subsec. (q)(1)(A)(ii) to (iv). Pub. L. 106–113, which directed amendment of section 286(q)(1)(A) of the Immigration and Nationality Act of 1953 by striking out cl. (ii), redesignating cl. (iii) as (ii), striking out “, until
1998—Subsec. (e)(1)(C). Pub. L. 105–277, § 101(b) [title I, § 114], inserted “State,” before “territory”.
Subsec. (s). Pub. L. 105–277, § 414(b), added subsec. (s).
1997—Subsec. (r)(2). Pub. L. 105–119, § 110(2)(A), inserted “, and amount described in section 1255(i)(3)(b) of this title” after “recovered by the Department of Justice”.
Subsec. (r)(3). Pub. L. 105–119, § 110(2)(B), substituted “Attorney General” for “Immigration and Naturalization Service” in introductory provisions.
Subsec. (r)(4). Pub. L. 105–119, § 110(2)(C), added par. (4) and struck out former par. (4) which read as follows: “The amount required to be refunded from the Fund for fiscal year 1994 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 102–395.”
Subsec. (s). Pub. L. 105–119, § 110(1), struck out heading and text of subsec. (s) which established Immigration Detention Account in general fund of the Treasury to be drawn upon to refund to any appropriation amounts paid out for expenses incurred by Attorney General for detention of aliens.
1996—Subsec. (a). Pub. L. 104–208, § 308(g)(1), substituted “section 1223(b)” for “section 1228(b)”.
Subsec. (h)(1)(A). Pub. L. 104–208, § 671(e)(5), inserted period after “expended”.
Subsec. (h)(1)(B). Pub. L. 104–208, § 382(b), substituted “1253(c), 1321,” for “1321”.
Subsec. (h)(2)(A). Pub. L. 104–208, § 124(a)(1)(B), inserted concluding provisions “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.”
Subsec. (h)(2)(A)(iv). Pub. L. 104–208, § 671(e)(6)(A), struck out “and” at end.
Pub. L. 104–208, § 124(a)(1)(A), inserted “, including training of, and technical assistance to, commercial airline personnel regarding such detection” after “United States”.
Subsec. (h)(2)(A)(v). Pub. L. 104–208, § 671(e)(6)(B)–(E), struck out colon after “services for”, substituted “and for any alien” for “; and any alien”, adjusted margins, and substituted “entry; and” for “entry.” at end.
Pub. L. 104–208, § 308(e)(1)(L), substituted “removal” for “deportation”.
Pub. L. 104–208, § 308(d)(3)(A), substituted “inadmissible” for “excludable” in two places.
Subsec. (h)(2)(A)(vi). Pub. L. 104–208, § 671(e)(6)(B)–(D), struck out colon after “ports-of-entry for”, substituted “and for any alien” for “; and any alien”, and adjusted margins.
Pub. L. 104–208, § 308(d)(4)(K), substituted “removal” for “exclusion” in two places.
Pub. L. 104–208, § 308(d)(3)(A), substituted “inadmissible” for “excludable” in two places.
Subsec. (q)(1). Pub. L. 104–208, § 122(a)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “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.”
Subsec. (q)(5). Pub. L. 104–208, § 122(a)(2), struck out par. (5) which read as follows:
“(5)(A) The program authorized in this subsection shall terminate on
“(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 paragraph (1).
“(C) If implemented, the Attorney General shall prepare and submit on a quarterly basis, until
Subsec. (r)(4), (6). Pub. L. 104–208, § 671(b)(11), substituted “the Fund” for “Fund” wherever appearing.
Subsec. (s). Pub. L. 104–208, § 376(b), added subsec. (s).
1994—Subsec. (r). Pub. L. 103–416, § 219(t)(1), substituted “Fund” for “Account” in heading.
Subsec. (r)(1). Pub. L. 103–416, § 219(t)(2), substituted “(in this subsection referred to as the ‘Fund’)” for “(hereafter referred to as the Fund)”.
Subsec. (r)(2). Pub. L. 103–416, § 219(t)(3), made technical amendment to reference to this chapter involving corresponding provision of original act.
Subsec. (r)(4). Pub. L. 103–416, § 219(t)(4), struck out “the Breached Bond/Detention” before “Fund”.
Pub. L. 103–416, § 219(t)(5), substituted “of Public Law 102–395” for “of this Act”.
Subsec. (r)(5). Pub. L. 103–416, § 219(t)(6), substituted “Fund” for “account” after “condition of the”.
Subsec. (r)(6). Pub. L. 103–416, § 219(t)(4), struck out “the Breached Bond/Detention” before “Fund” in two places.
1993—Subsec. (d). Pub. L. 103–121 substituted “$6” for “$5”.
Subsec. (h)(2)(A)(v), (vi). Pub. L. 103–121, which directed the amendment of subpar. (A) by “deleting subsection (v)” and adding new cls. (v) and (vi), was executed by adding cls. (v) and (vi) and striking out former cl. (v) which read as follows: “providing detention and deportation services for excludable aliens arriving on commercial aircraft and vessels.”, to reflect the probable intent of Congress.
1992—Subsec. (r). Pub. L. 102–395 added subsec. (r).
1991—Subsec. (e)(1)(D). Pub. L. 102–232, § 309(b)(12), made an amendment to reference to section 1101(b)(5) of this title involving corresponding provision of original act.
Subsec. (f)(3). Pub. L. 102–232, § 309(a)(2)(B), made technical correction to directory language of Pub. L. 101–515, § 210(a)(2). See 1990 Amendment note below.
Subsec. (h)(1)(A). Pub. L. 102–232, § 309(a)(2)(A)(i), inserted a period after “available until expended”.
Subsec. (m). Pub. L. 102–232, § 309(a)(2)(A)(ii), substituted “additional” for “additonal”.
Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below.
Subsec. (n). Pub. L. 102–232, § 309(a)(1)(B), amended directory language of Pub. L. 101–162. See 1989 Amendment note below.
Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below.
Subsec. (o). Pub. L. 102–232, § 309(a)(1)(A)(i)(II), substituted “shall” for “will”.
Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below.
Subsec. (p). Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below.
Subsec. (q)(2). Pub. L. 102–232, § 309(a)(2)(A)(iii), realigned margin.
Subsec. (q)(3)(A). Pub. L. 102–232, § 309(a)(2)(A)(iii), (iv), inserted “the” after “The Secretary of” and realigned margin.
Subsec. (q)(5)(B). Pub. L. 102–232, § 309(a)(2)(A)(v), substituted “paragraph (1)” for “subsection (q)(1)”.
1990—Subsec. (e)(1). Pub. L. 101–515, § 210(a)(1), inserted “, other than aircraft passengers,” after “arrival of any passenger”.
Subsec. (f)(3). Pub. L. 101–515, § 210(a)(2), as amended by Pub. L. 102–232, § 309(a)(2)(B), inserted “, 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 “in which the fees are collected”.
Subsec. (g). Pub. L. 101–515, § 210(a)(3), inserted “, within forty-five minutes of their presentation for inspection,” before “when needed and”.
Subsec. (h)(1)(A). Pub. L. 101–515, § 210(a)(4), substituted “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” for “All of the fees collected under subsection (d) of this section shall be deposited 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 ‘Immigration User Fee Account’.”
Subsec. (l). Pub. L. 101–515, § 210(a)(5), added subsec. (l).
Subsec. (m). Pub. L. 101–515, § 210(d)(1), (2), inserted “as offsetting receipts” after “shall be deposited” and inserted before period at end “: 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 additonal [sic] costs associated with the administration of the fees collected”.
Subsec. (q). Pub. L. 101–515, § 210(d)(3), added subsec. (q).
1989—Subsec. (n). Pub. L. 101–162, as amended by Pub. L. 102–232, § 309(a)(1)(B), struck out “in excess of $50,000,000” before “shall remain available” and struck out after first sentence “At least annually, deposits in the amount of $50,000,000 shall be transferred from the ‘Immigration Examinations Fee Account’ to the General Fund of the Treasury of the United States.”
1988—Subsec. (a). Pub. L. 100–525, § 8(f), added Pub. L. 99–653, § 7(d)(1). See 1986 Amendment note below.
Subsecs. (d) to (l). Pub. L. 100–525, § 4(a)(2)(A), (d), amended Pub. L. 99–500 and Pub. L. 99–591. See 1986 Amendment note below.
Subsec. (f)(3). Pub. L. 100–525, § 4(a)(1)(A), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Subsec. (g). Pub. L. 100–525, § 4(a)(1)(B), substituted “section 1353b of this title” for “section 1353(a) of this title”.
Subsec. (h)(1)(A). Pub. L. 100–525, § 4(a)(1)(C)(i), amended that portion of the first sentence of subpar. (A) following “Treasury of the United States” so as to read “, to remain available until expended”. See 1987 Amendment note below.
Pub. L. 100–525, § 4(a)(1)(C)(ii), substituted “Fee Account’.” for “Fee Account.’ ”
Subsec. (h)(1)(B). Pub. L. 100–525, § 4(a)(1)(C)(iii)–(v), substituted “civil fines or penalties” for “fines, penalties, liquidated damages or expenses”, inserted “and all liquidated damages and expenses collected pursuant to this chapter” after “this title”, and struck out quotation marks before and after the term “Immigration User Fee Account”.
Subsec. (h)(2)(A). Pub. L. 100–525, § 4(a)(1)(C)(vi), substituted “vessels and in—” for “vessels and:” in introductory provisions and inserted “and” at end of cl. (iv).
Subsec. (i). Pub. L. 100–525, § 4(a)(1)(D), inserted “Reimbursement” as heading.
Subsec. (l). Pub. L. 100–525, § 4(a)(1)(E), struck out subsec. (l) which read as follows:
“(1) The provisions of this section and the amendments made by this section, shall apply with respect to immigration inspection services rendered after
“(2) Fees may be charged under subsection (d) of this section only with respect to immigration inspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after
Subsecs. (m) to (p). Pub. L. 100–459, as amended by Pub. L. 102–232, § 309(a)(1)(A)(i)(I), added subsecs. (m) to (p).
1987—Subsec. (h)(1)(A). Pub. L. 100–71, directed the general amendment of first sentence of section 205(h)(1)(A) of the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Appropriations Act, 1987, in Pub. L. 99–500 and Pub. L. 99–591. Section 205 of such act does not contain a subsec. (h)(1)(A) but did enact subsec. (h)(1)(A) of this section and had such amendment been executed to first sentence of subsec. (h)(1)(A) of this section it would have resulted in inserting “, to remain available until expended” after “Treasury of the United States”. See 1988 Amendment note above.
1986—Subsec. (a). Pub. L. 99–653, § 7(d)(1), as added by Pub. L. 100–525, § 8(f), substituted “section 1228(b) of this title” for “section 1228(c) of this title”.
Subsecs. (d) to (l). Pub. L. 99–500, § 101(b) [title II, § 205(a), formerly § 205], as redesignated by Pub. L. 100–525, § 4(a)(2)(A), added subsecs. (d) to (l).
Pub. L. 99–591, § 101(b) [title II, § 205], a corrected version of Pub. L. 99–500, § 101(b) [title II, § 205(a)], was repealed by Pub. L. 100–525, § 4(d), effective as of
1981—Subsecs. (b), (c). Pub. L. 97–116 added subsec. (b), redesignated former subsec. (b) as (c), and inserted “and subsection (b)” after “subsection (a)”.
Effective Date Of Amendment
Pub. L. 111–117, div. D, title V, § 524(b),
Amendment by section 403(b) of Pub. L. 109–13 effective 14 days after
Amendment by section 426(b) of Pub. L. 108–447 effective
Amendment by Pub. L. 108–77 effective on the date the United States-Chile Free Trade Agreement enters into force (
Amendment by Pub. L. 107–296 effective 60 days after
Pub. L. 104–208, div. C, title I, § 124(a)(2),
Amendment by section 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after
Amendment by section 376(b) of Pub. L. 104–208 applicable to applications made on or after the end of the 90-day period beginning
Amendment by section 382(b) of Pub. L. 104–208 applicable to fines and penalties collected on or after
Amendment by section 671(b)(11) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.
Pub. L. 103–416, title II, § 219(t),
Pub. L. 102–232, title III, § 309(a)(3),
Pub. L. 101–515, title II, § 210(b),
Amendment by section 4(a)(1), (2)(A) of Pub. L. 100–525 effective as if included in enactment of Department of Justice Appropriation Act, 1987 (as contained in section 101(b) of Pub. L. 99–500), see section 4(c) of Pub. L. 100–525, set out as a note under section 1222 of this title.
Amendment by section 8(f) of Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.
Amendment by section 7(d)(1) of Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after
Pub. L. 99–500, § 101(b) [title II, § 205(b)], as added by Pub. L. 100–525, § 4(a)(2)(B),
Amendment by Pub. L. 97–116 effective
Miscellaneous
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Advisory committees established after
Pub. L. 108–7, div. L, § 107,
Pub. L. 105–277, div. C, title IV, § 414(e), as added by Pub. L. 106–313, title I, § 110(c), “The Secretary of Labor and the Director of the National Science Foundation shall—
Pub. L. 103–317, title V,
Pub. L. 104–208, div. A, § 101(a) [title I],
Similar provisions were contained in the following prior appropriations act:
Pub. L. 103–121, title I,