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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1593 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1593

 To eliminate the offsetting accounts that are currently available for 
           use by U.S. Citizenship and Immigration Services.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2015

   Mr. Cruz introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To eliminate the offsetting accounts that are currently available for 
           use by U.S. Citizenship and Immigration Services.

    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 ``Immigration Slush Fund Elimination 
Act of 2015''.

SEC. 2. ELIMINATION OF OFFSETTING ACCOUNTS.

    (a) Amendments to Immigration and Nationality Act.--
            (1) Asylum fees.--Section 208(d)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1158(d)(3)) is amended to read as 
        follows:
            ``(3) Fees.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may impose fees for--
                            ``(i) the consideration of an application 
                        for asylum;
                            ``(ii) employment authorization under this 
                        section; and
                            ``(iii) adjustment of status under section 
                        209(b).
                    ``(B) Limited by cost of adjudications.--The fees 
                authorized under subparagraph (A) shall not exceed the 
                average cost incurred by the Secretary to adjudicate 
                the applications described in subparagraph (A).
                    ``(C) Payments in installments.--The Secretary may 
                allow fees imposed under subparagraph (A) to be paid in 
                installments over a specified period.
                    ``(D) Deposits.--Fees collected pursuant to 
                subparagraph (A) shall be miscellaneous receipts and 
                deposited in the general fund of the Treasury of the 
                United States.''.
            (2) Nonimmigrant nurse fees.--Section 212(m)(2)(F) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(m)(2)(F)) is 
        amended to read as follows:
            ``(F) Fees.--
                    ``(i) In general.--The Secretary of Labor shall 
                impose, on a facility filing an attestation under 
                subparagraph (A), a filing fee, in an amount prescribed 
                by the Secretary of Labor, which shall not exceed $250, 
                and which shall be based on the costs of carrying out 
                the Secretary of Labor's duties under this subsection.
                    ``(ii) Deposits.--Fees collected pursuant to clause 
                (i) shall be miscellaneous receipts and deposited in 
                the general fund of the Treasury of the United 
                States.''.
            (3) Employer fees.--Section 214(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(c)) is amended--
                    (A) by amending paragraph (9) to read as follows:
    ``(9) Employer Fees.--
            ``(A) In general.--The Secretary of Homeland Security shall 
        impose a fee on an employer (excluding any employer that is a 
        primary or secondary education institution, an institution of 
        higher education (as defined in section 1001(a) of title 20, 
        United States Code), a nonprofit entity related to or 
        affiliated with any such institution, a nonprofit entity which 
        engages in established curriculum-related clinical training of 
        students registered at any such institution, a nonprofit 
        research organization, or a governmental research organization) 
        filing a petition under paragraph (1)--
                    ``(i) in order to initially grant an alien 
                nonimmigrant status described in section 
                101(a)(15)(H)(i)(b);
                    ``(ii) to extend the stay of an alien having such 
                status (unless the employer previously has obtained an 
                extension for such alien); or
                    ``(iii) to obtain authorization for an alien having 
                such status to change employers.
            ``(B) Amount.--The amount of the fee authorized under 
        subparagraph (A) shall be $1,500 for each such petition except, 
        that the fee shall be \1/2\ of such amount for each such 
        petition by any employer with not more than 25 full-time 
        equivalent employees who are employed in the United States 
        (determined by including any affiliate or subsidiary of such 
        employer).
            ``(C) Deposits.--Fees collected pursuant to subparagraph 
        (A) shall be miscellaneous receipts and deposited in the 
        general fund of the Treasury of the United States.'';
                    (B) by amending paragraph (11) to read as follows:
    ``(11) Additional Employer Fees.--
            ``(A) In general.--Subject to subparagraph (B), the 
        Secretary of Homeland Security or the Secretary of State, as 
        appropriate, shall impose a fee on an employer who has filed an 
        attestation described in section 212(t)--
                    ``(i) in order to initially grant an alien 
                nonimmigrant status described in section 
                101(a)(15)(H)(i)(b1); or
                    ``(ii) in order to satisfy the requirement set 
                forth in the second sentence of subsection (g)(8)(C) 
                for an alien having such status to obtain certain 
                extensions of stay.
            ``(B) Fee amount.--The amount of the fee authorized under 
        subparagraph (A) shall be the equal to the amount imposed by 
        the Secretary under paragraph (9).
            ``(C) Deposits.--Fees collected pursuant to subparagraph 
        (A) shall be miscellaneous receipts and deposited in the 
        general fund of the Treasury of the United States.''; and
                    (C) by amending paragraph (12) to read as follows:
    ``(12) Fraud Prevention and Detection Fees.--
            ``(A) Fees by secretary of homeland security.--In addition 
        to any other fees authorized by law, the Secretary of Homeland 
        Security shall impose a fraud prevention and detection fee on 
        an employer filing a petition under paragraph (1)--
                    ``(i) to initially grant an alien nonimmigrant 
                status described in subparagraph (H)(i)(b) or (L) of 
                section 101(a)(15); or
                    ``(ii) to obtain authorization for an alien having 
                such status to change employers.
            ``(B) Fees by secretary of state.--In addition to any other 
        fees authorized by law, the Secretary of State shall impose a 
        fraud prevention and detection fee on an alien filing an 
        application abroad for a visa authorizing admission to the 
        United States as a nonimmigrant described in section 
        101(a)(15)(L) if the alien is covered under a blanket petition 
        described in paragraph (2)(A).
            ``(C) Fee amount.--The amount of the fee imposed under 
        subparagraph (A) or (B) shall be $500.
            ``(D) Fee limitation.--The fee imposed under subparagraph 
        (A) or (B) shall only apply to principal aliens and not to the 
        spouses or children who are accompanying or following to join 
        such principal aliens.
            ``(E) Deposits.--Fees collected pursuant to this paragraph 
        shall be miscellaneous receipts and deposited in the general 
        fund of the Treasury of the United States.''.
            (4) Visa waiver program fees.--Section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187) is amended--
                    (A) in subsection (e)(3), by amending subparagraph 
                (B) to read as follows:
                    ``(B) Collections.--
                            ``(i) In general.--In addition to any other 
                        fee authorized by law, the Secretary of 
                        Homeland Security is authorized to charge and 
                        collect, on a periodic basis, an amount from 
                        each domestic corporation conducting operations 
                        under part 91 of title 14, Code of Federal 
                        Regulations, for nonimmigrant visa waiver 
                        admissions on noncommercial aircraft owned or 
                        operated by such domestic corporation equal to 
                        the total amount of fees assessed for issuance 
                        of nonimmigrant visa waiver arrival/departure 
                        forms at land border ports of entry.
                            ``(ii) Deposits.--Fees authorized under 
                        this paragraph shall be miscellaneous receipts 
                        and deposited in the general fund of the 
                        Treasury of the United States.''; and
                    (B) in subsection (h)(3), by amending subparagraph 
                (B) to read as follows:
                    ``(B) Fees.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security is authorized to charge and 
                        collect, for the use of the System, a fee equal 
                        to the sum of--
                                    ``(I) $10 per travel authorization; 
                                and
                                    ``(II) an amount that will ensure 
                                recovery of the full costs of providing 
                                and administering the System, as 
                                determined by the Secretary of Homeland 
                                Security.
                            ``(ii) Deposits.--Fees authorized under 
                        this subparagraph shall be miscellaneous 
                        receipts and deposited in the general fund of 
                        the Treasury of the United States.
                            ``(iii) Sunset of travel promotion fund 
                        fee.--The Secretary may not collect the fee 
                        under clause (i)(I) after September 30, 
                        2015.''.
            (5) Temporary protected status.--Section 244(c)(1)(B) of 
        the Immigration and Nationality Act (8 U.S.C. 1254a(c)(1)(B)) 
        is amended to read as follows:
                    ``(B) Registration fees.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security may require the payment of a 
                        reasonable fee as a condition of registering an 
                        alien under subparagraph (A)(iv), including 
                        providing an alien with an `employment 
                        authorized' endorsement or other appropriate 
                        work permit under this section.
                            ``(ii) Aliens registered after july 17, 
                        1991.--The Secretary of Homeland Security may 
                        impose a separate, additional fee for providing 
                        an alien registered pursuant to a designation 
                        under this section made after July 17, 1991, 
                        with documentation of work authorization.
                            ``(iii) Deposits.--Notwithstanding section 
                        3302 of title 31, United States Code, the fees 
                        authorized under this subparagraph shall be 
                        miscellaneous receipts and deposited in the 
                        general fund of the Treasury of the United 
                        States.''.
            (6) Adjustment of status.--Section 245A(c)(7) of the 
        Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)) is 
        amended to read as follows:
            ``(7) Application fees.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall provide for--
                            ``(i) a schedule of fees to be charged for 
                        the filing of applications for adjustment of 
                        status under subsection (a) or (b)(1); and
                            ``(ii) an additional fee for filing an 
                        application for adjustment of status under 
                        subsection (b)(1) after the end of the first 
                        year of the 2-year period described in 
                        subsection (b)(1)(A).
                    ``(B) Deposits.--Fees authorized under this 
                paragraph shall be miscellaneous receipts and deposited 
                in the general fund of the Treasury of the United 
                States.''.
            (7) Disposition of immigration fees.--Section 286 of the 
        Immigration and Nationality Act (8 U.S.C. 1356) is amended to 
        read as follows:

``SEC. 286. DISPOSITION OF IMMIGRATION FEES.

    ``(a) Detention, Transportation, Hospitalization, and All Other 
Expenses of Detained Aliens; Expenses of Landing Stations.--All amounts 
paid into the Treasury of the United States to reimburse the Department 
of Homeland Security for the detention, transportation, 
hospitalization, and any other expenses relating to the detention of 
aliens, and for expenses incurred by the Department of Homeland 
Security for landing stations referred to in section 233(b), which were 
paid from the appropriation for the enforcement of this title, shall be 
credited to the appropriation for the enforcement of this title for the 
fiscal year in which the expenses were incurred.
    ``(b) Purchase of Evidence.--Amounts expended from appropriations 
for the Department of Homeland Security for the purchase of evidence 
and subsequently recovered shall be reimbursed to the current 
appropriation for the Department of Homeland Security.
    ``(c) Fees and Administrative Fines and Penalties.--
            ``(1) In general.--All amounts received in payment of fees 
        and administrative fines and penalties under this title shall 
        be miscellaneous receipts and deposited in the general fund of 
        the Treasury of the United States.
            ``(2) Exceptions for virgin islands and guam.--All fees 
        received from applicants residing in the Virgin Islands of the 
        United States or in Guam, required to be paid under section 
        281, shall be paid to the Treasury of the Virgin Islands or to 
        the Treasury of Guam, as appropriate.
    ``(d) Schedule of Fees.--
            ``(1) In general.--In addition to any other fee authorized 
        by law, the Secretary of Homeland Security shall collect a $7 
        fee from each individual arriving at a port of entry in the 
        United States, for--
                    ``(A) the immigration inspection of such individual 
                at such port of entry; or
                    ``(B) the pre-inspection of such individual before 
                such arrival while aboard a commercial aircraft or 
                commercial vessel located outside of the United States.
            ``(2) Reduced fee.--In lieu of the fee otherwise required 
        under paragraph (1), the Secretary of Homeland Security shall 
        collect a $3 immigration inspection or pre-inspection fee from 
        each individual who was a passenger on a commercial vessel 
        (other than an aircraft) and whose journey originated in--
                    ``(A) the United States;
                    ``(B) Canada;
                    ``(C) Mexico;
                    ``(D) a State, territory, or possession of the 
                United States; or
                    ``(E) any adjacent island.
    ``(e) Limitations on Fees.--
            ``(1) No immigration inspection services.--No fee may be 
        collected from any individual under subsection (d)--
                    ``(A) who is in transit to a destination outside 
                the United States; and
                    ``(B) for whom immigration inspection services are 
                not provided.
            ``(2) Great lakes vessels.--
                    ``(A) Defined term.--In this paragraph, the term 
                `ferry' means a vessel, in other than ocean or 
                coastwise service, which--
                            ``(i) has provisions only for deck 
                        passengers or vehicles;
                            ``(ii) operates on a short run on a 
                        frequent schedule between 2 points over the 
                        most direct water route; and
                            ``(iii) offers a public service of a type 
                        normally attributed to a bridge or tunnel.
                    ``(B) Great lakes vessels.--No fee may be collected 
                under subsection (d) for immigration inspections 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.
            ``(3) Limitation.--No fee may be collected under subsection 
        (d) for immigration inspection or pre-inspection provided in 
        connection with the arrival of any passenger, other than 
        aircraft passengers, whose journey originated in--
                    ``(A) Canada;
                    ``(B) Mexico;
                    ``(C) a State, territory, or possession of the 
                United States; or
                    ``(D) any adjacent island.
    ``(f) Collection.--
            ``(1) In general.--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 required 
                under subsection (d) at the time the document or ticket 
                is issued; and
                    ``(B) identify on that document or ticket the fee 
                required under subsection (d) as a Federal inspection 
                fee.
            ``(2) Foreign ticket issuance.--The person providing 
        transportation to an individual described in paragraph (1) 
        shall--
                    ``(A) collect the fee required under subsection (d) 
                at the time such individual departs from the United 
                States; and
                    ``(B) provide such passenger a receipt for the 
                payment of such fee if--
                            ``(i) a document or ticket for 
                        transportation of a passenger into the United 
                        States was issued in a foreign country; and
                            ``(ii) the fee required under subsection 
                        (d) was not collected at the time such document 
                        or ticket is issued.
            ``(3) Remittance.--
                    ``(A) To the secretary of homeland security.--
                Except as provided under subparagraph (B), the person 
                that collects a fee under paragraph (1) or (2) shall 
                remit such fees to the Secretary of Homeland Security 
                at any time before the date that is 31 days after the 
                close of the calendar quarter in which such fees are 
                collected.
                    ``(B) Exceptions.--
                            ``(i) Fourth quarter payments.--The fourth 
                        quarter payment for fees collected from airline 
                        passengers shall be made not later than the 
                        date that is 10 days before the last day of the 
                        fiscal year.
                            ``(ii) First quarter payments.--The first 
                        quarter payment shall include any fees 
                        collected in the preceding quarter that were 
                        not remitted with the previous payment.
                    ``(C) Deposit into treasury.--The Secretary of 
                Homeland Security shall classify the fees collected 
                under this section as miscellaneous receipts and, upon 
                receipt, deposit such fees in the general fund of the 
                Treasury of the United States.
            ``(4) Rulemaking.--The Secretary of Homeland Security shall 
        issue regulations with respect to the collection of the fees 
        required under subsection (d) and the deposit of such fees into 
        the Treasury under paragraph (3) that are consistent with the 
        regulations issued by the Secretary of the Treasury for the 
        collection and remittance of the taxes imposed under subchapter 
        C of chapter 33 of the Internal Revenue Code of 1986, 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 Pre-Inspection 
Services.--Notwithstanding section 2 of the Act of March 2, 1931 (8 
U.S.C. 1353b), 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 required under subsection (d)) 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) Reimbursement.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security 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 Secretary 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 Department of 
        Homeland Security to provide such immigration inspection 
        services).
            ``(2) Termination of authority.--The Secretary's authority 
        to receive reimbursement under paragraph (1) shall terminate 
        immediately upon the provision for such services by 
        appropriation.
    ``(i) Land Border Inspection Projects.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security is authorized to 
        establish, by regulation, projects under which a fee may be 
        charged and collected for inspection services provided at 1 or 
        more land border points of entry if such projects--
                    ``(A) establish commuter lanes that are made 
                available to qualified United States citizens, legal 
                permanent residents, and such aliens as the Secretary 
                of Homeland Security determines to be eligible; and
                    ``(B) are entirely paid for by the fees collected 
                under this paragraph.
            ``(2) Effective date.--This subsection shall take effect, 
        with respect to any project described in paragraph (1) that was 
        not authorized to be commenced before September 30, 2015, on 
        the date that is 30 days after the submission of a written plan 
        by the Secretary of Homeland Security that describes the 
        proposed implementation of such project.
            ``(3) Quarterly status reports.--The Secretary of Homeland 
        Security shall submit a quarterly status report to Congress on 
        each land border inspection project implemented under this 
        subsection.
            ``(4) Pilot projects.--The Secretary of Homeland Security, 
        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.
    ``(j) Genealogy Fee.--
            ``(1) In general.--There is hereby established a fee for 
        providing genealogy research and information services (referred 
        to in this section as the `genealogy fee').
            ``(2) Collection.--Any officer or employee of the 
        Department of Homeland Security shall collect the genealogy fee 
        before disseminating any requested genealogical information.
            ``(3) Deposits.--The genealogy fee shall be deposited in 
        accordance with subsection (f)(3)(C).
            ``(4) Annual report.--The Secretary of Homeland Security 
        shall submit an annual report to Congress that describes the 
        amount collected in genealogy fees under this subsection.
    ``(k) Premium Fee for Employment-Based Petitions and 
Applications.--
            ``(1) Authorization.--The Secretary of Homeland Security is 
        authorized to collect a premium fee for employment-based 
        petitions and applications, which shall be used--
                    ``(A) to provide certain premium-processing 
                services to business customers; and
                    ``(B) to make infrastructure improvements in the 
                adjudications and customer-service processes.
            ``(2) Eligibility.--The Secretary may not approve a 
        petition or application submitted with a premium fee unless the 
        petitioner or applicant meets the legal criteria for the 
        requested immigration benefit.
            ``(3) Amount.--The premium fee authorized under paragraph 
        (1) shall be--
                    ``(A) equal to $1,000; and
                    ``(B) paid in addition to other normal petition and 
                application fees that may otherwise be applicable.
            ``(4) Deposits.--The premium fee authorized under this 
        subsection shall be deposited in accordance with subsection 
        (f)(3)(C).
    ``(l) Rulemaking.--The Secretary of Homeland Security may prescribe 
such regulations as may be necessary to carry out the provisions of 
this section through notice and comment rulemaking.''.
            (8) Biometric entry and exit data system.--Section 
        7208(k)(3)(B) of the 9/11 Commission Implementation Act of 2004 
        (8 U.S.C. 1365b(k)(3)(B)) is amended to read as follows:
                    ``(B) Fees.--The Secretary of Homeland Security--
                            ``(i) may impose fees for the program 
                        established under subparagraph (A);
                            ``(ii) may adjust such fees as needed, 
                        provided that the amount collected from such 
                        fees does not exceed the aggregate costs 
                        associated with the program; and
                            ``(iii) shall classify such fees as 
                        miscellaneous receipts and, upon receipt, 
                        deposit such fees in the general fund of the 
                        Treasury of the United States.''.
            (9) Nonimmigrant foreign students.--Section 641(e) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1372(e)) is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Remittance.--The fees collected under paragraph (1) 
        shall be remitted by the alien pursuant to a schedule 
        established by the Secretary of Homeland Security for immediate 
        deposit in the general fund of the Treasury of the United 
        States.''; and
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Fees.--
                    ``(A) Fee amount.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall establish the amount of 
                        the fee to be imposed on, and collected from, 
                        an alien under paragraph (1).
                            ``(ii) Fee limitations.--Except as provided 
                        in clause (iii) and in subsection (g)(2), the 
                        fee imposed on any individual under this 
                        subsection may not exceed $100.
                            ``(iii) Reduced fee.--The fee imposed on an 
                        alien admitted under section 101(a)(15)(J) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)(J)) as an au pair, camp counselor, 
                        or participant in a summer work travel program 
                        shall not exceed $40.
                            ``(iv) Fee basis.--The amount of the fee 
                        shall be based on the Secretary of Homeland 
                        Security's estimate of the cost per alien of 
                        conducting the information collection program 
                        described in this section.
                    ``(B) Deposits.--Fees authorized under paragraph 
                (1) shall be miscellaneous receipts and deposited in 
                the general fund of the Treasury of the United 
                States.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the 
item relating to section 286 and inserting the following:

``Sec. 286. Disposition of immigration fees.''.

SEC. 3. EFFECTIVE DATE FOR DEPOSITS INTO GENERAL FUND OF THE TREASURY.

    The amendments made by section 2 shall take effect on--
            (1) the first day of the month immediately following the 
        date of the enactment of this Act (or the immediate subsequent 
        business day if the first day of the immediately following 
        month is a weekend day or holiday) if the date of the enactment 
        falls between the first and 15th day of a month, inclusive; or
            (2) the 15th day of the month immediately following the 
        date of the enactment of this Act (or the immediate subsequent 
        business day if the 15th day of the immediately following month 
        is a weekend day or holiday) if the date of the enactment falls 
        between the 16th and final day of a month, inclusive.

SEC. 4. TRANSFER OF EXISTING FEE REVENUE INTO GENERAL FUND OF THE 
              TREASURY.

    All fee revenue in all of the accounts authorized under section 286 
of the Immigration and Nationality Act (8 U.S.C. 1356), as of the day 
before the date of the enactment of this Act, shall be transferred to 
the general fund of the Treasury of the United States on the effective 
date described in section 3.

SEC. 5. TERMINATION OF EXISTING OFFSETTING ACCOUNTS.

    All of the accounts authorized under section 286 of the Immigration 
and Nationality Act (8 U.S.C. 1356), as of the day before the date of 
the enactment of this Act, shall be terminated on the effective date 
described in section 3.
                                 <all>
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