II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Immigration Slush 

5 Fund Elimination Act of 2015’’. 

6 SEC. 2. ELIMINATION OF OFFSETTING ACCOUNTS. 

7 (a) AMENDMENTS TO IMMIGRATION AND NATION8 ALITY ACT.— 


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1 (1) ASYLUM FEES.—Section 208(d)(3) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1158(d)(3)) is amended to read as follows: 

4 ‘‘(3) FEES.— 

5 ‘‘(A) IN GENERAL.—The Secretary of 

6 Homeland Security may impose fees for— 

7 ‘‘(i) the consideration of an applica8 tion for asylum; 

9 ‘‘(ii) employment authorization under 

10 this section; and 

11 ‘‘(iii) adjustment of status under sec12 tion 209(b). 

13 ‘‘(B) LIMITED BY COST OF ADJUDICA14 TIONS.—The fees authorized under subpara15 graph (A) shall not exceed the average cost in16 curred by the Secretary to adjudicate the appli17 cations described in subparagraph (A). 

18 ‘‘(C) PAYMENTS IN INSTALLMENTS.—The 

19 Secretary may allow fees imposed under sub20 paragraph (A) to be paid in installments over a 

21 specified period. 

22 ‘‘(D) DEPOSITS.—Fees collected pursuant 

23 to subparagraph (A) shall be miscellaneous re24 ceipts and deposited in the general fund of the 

25 Treasury of the United States.’’. 


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1 (2) NONIMMIGRANT NURSE FEES.—Section 

2 212(m)(2)(F) of the Immigration and Nationality 

3 Act (8 U.S.C. 1182(m)(2)(F)) is amended to read as 

4 follows: 

5 ‘‘(F) FEES.— 

6 ‘‘(i) IN GENERAL.—The Secretary of 

7 Labor shall impose, on a facility filing an attes8 tation under subparagraph (A), a filing fee, in 

9 an amount prescribed by the Secretary of 

10 Labor, which shall not exceed $250, and which 

11 shall be based on the costs of carrying out the 

12 Secretary of Labor’s duties under this sub13 section. 

14 ‘‘(ii) DEPOSITS.—Fees collected pursuant 

15 to clause (i) shall be miscellaneous receipts and 

16 deposited in the general fund of the Treasury of 

17 the United States.’’. 

18 (3) EMPLOYER FEES.—Section 214(c) of the 

19 Immigration and Nationality Act (8 U.S.C. 1184(c)) 

20 is amended— 

21 (A) by amending paragraph (9) to read as 

22 follows: 

23 ‘‘(9) EMPLOYER FEES.— 

24 ‘‘(A) IN GENERAL.—The Secretary of Home25 land Security shall impose a fee on an employer (exVerDate Sep 11 2014 00:50 Jun 20, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1593.IS S1593

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1 cluding any employer that is a primary or secondary 

2 education institution, an institution of higher edu3 cation (as defined in section 1001(a) of title 20, 

4 United States Code), a nonprofit entity related to or 

5 affiliated with any such institution, a nonprofit enti6 ty which engages in established curriculum-related 

7 clinical training of students registered at any such 

8 institution, a nonprofit research organization, or a 

9 governmental research organization) filing a petition 

10 under paragraph (1)— 

11 ‘‘(i) in order to initially grant an alien non12 immigrant status described in section 

13 101(a)(15)(H)(i)(b); 

14 ‘‘(ii) to extend the stay of an alien having 

15 such status (unless the employer previously has 

16 obtained an extension for such alien); or 

17 ‘‘(iii) to obtain authorization for an alien 

18 having such status to change employers. 

19 ‘‘(B) AMOUNT.—The amount of the fee author20 ized under subparagraph (A) shall be $1,500 for 

each such petition except, that the fee shall be 1 21 ⁄2 of 

22 such amount for each such petition by any employer 

23 with not more than 25 full-time equivalent employ24 ees who are employed in the United States (deterVerDate Sep 11 2014 00:50 Jun 20, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1593.IS S1593

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1 mined by including any affiliate or subsidiary of 

2 such employer). 

3 ‘‘(C) DEPOSITS.—Fees collected pursuant to 

4 subparagraph (A) shall be miscellaneous receipts 

5 and deposited in the general fund of the Treasury of 

6 the United States.’’; 

7 (B) by amending paragraph (11) to read 

8 as follows: 

9 ‘‘(11) ADDITIONAL EMPLOYER FEES.— 

10 ‘‘(A) IN GENERAL.—Subject to subparagraph 

11 (B), the Secretary of Homeland Security or the Sec12 retary of State, as appropriate, shall impose a fee on 

13 an employer who has filed an attestation described 

14 in section 212(t)— 

15 ‘‘(i) in order to initially grant an alien non16 immigrant status described in section 

17 101(a)(15)(H)(i)(b1); or 

18 ‘‘(ii) in order to satisfy the requirement set 

19 forth in the second sentence of subsection 

20 (g)(8)(C) for an alien having such status to ob21 tain certain extensions of stay. 

22 ‘‘(B) FEE AMOUNT.—The amount of the fee 

23 authorized under subparagraph (A) shall be the 

24 equal to the amount imposed by the Secretary under 

25 paragraph (9). 


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1 ‘‘(C) DEPOSITS.—Fees collected pursuant to 

2 subparagraph (A) shall be miscellaneous receipts 

3 and deposited in the general fund of the Treasury of 

4 the United States.’’; and 

5 (C) by amending paragraph (12) to read 

6 as follows: 

7 ‘‘(12) FRAUD PREVENTION AND DETECTION

8 FEES.— 

9 ‘‘(A) FEES BY SECRETARY OF HOMELAND SE10 CURITY.—In addition to any other fees authorized 

11 by law, the Secretary of Homeland Security shall 

12 impose a fraud prevention and detection fee on an 

13 employer filing a petition under paragraph (1)— 

14 ‘‘(i) to initially grant an alien non15 immigrant status described in subparagraph 

16 (H)(i)(b) or (L) of section 101(a)(15); or 

17 ‘‘(ii) to obtain authorization for an alien 

18 having such status to change employers. 

19 ‘‘(B) FEES BY SECRETARY OF STATE.—In addi20 tion to any other fees authorized by law, the Sec21 retary of State shall impose a fraud prevention and 

22 detection fee on an alien filing an application abroad 

23 for a visa authorizing admission to the United 

24 States as a nonimmigrant described in section 


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1 101(a)(15)(L) if the alien is covered under a blanket 

2 petition described in paragraph (2)(A). 

3 ‘‘(C) FEE AMOUNT.—The amount of the fee im4 posed under subparagraph (A) or (B) shall be $500. 

5 ‘‘(D) FEE LIMITATION.—The fee imposed under 

6 subparagraph (A) or (B) shall only apply to prin7 cipal aliens and not to the spouses or children who 

8 are accompanying or following to join such principal 

9 aliens. 

10 ‘‘(E) DEPOSITS.—Fees collected pursuant to 

11 this paragraph shall be miscellaneous receipts and 

12 deposited in the general fund of the Treasury of the 

13 United States.’’. 

14 (4) VISA WAIVER PROGRAM FEES.—Section 217 

15 of the Immigration and Nationality Act (8 U.S.C. 

16 1187) is amended— 

17 (A) in subsection (e)(3), by amending sub18 paragraph (B) to read as follows: 

19 ‘‘(B) COLLECTIONS.— 

20 ‘‘(i) IN GENERAL.—In addition to any 

21 other fee authorized by law, the Secretary 

22 of Homeland Security is authorized to 

23 charge and collect, on a periodic basis, an 

24 amount from each domestic corporation 

25 conducting operations under part 91 of 


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1 title 14, Code of Federal Regulations, for 

2 nonimmigrant visa waiver admissions on 

3 noncommercial aircraft owned or operated 

4 by such domestic corporation equal to the 

5 total amount of fees assessed for issuance 

6 of nonimmigrant visa waiver arrival/depar7 ture forms at land border ports of entry. 

8 ‘‘(ii) DEPOSITS.—Fees authorized 

9 under this paragraph shall be miscella10 neous receipts and deposited in the general 

11 fund of the Treasury of the United 

12 States.’’; and 

13 (B) in subsection (h)(3), by amending sub14 paragraph (B) to read as follows: 

15 ‘‘(B) FEES.— 

16 ‘‘(i) IN GENERAL.—The Secretary of 

17 Homeland Security is authorized to charge 

18 and collect, for the use of the System, a 

19 fee equal to the sum of— 

20 ‘‘(I) $10 per travel authorization; 

21 and 

22 ‘‘(II) an amount that will ensure 

23 recovery of the full costs of providing 

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1 termined by the Secretary of Home2 land Security. 

3 ‘‘(ii) DEPOSITS.—Fees authorized 

4 under this subparagraph shall be miscella5 neous receipts and deposited in the general 

6 fund of the Treasury of the United States. 

7 ‘‘(iii) SUNSET OF TRAVEL PROMOTION

8 FUND FEE.—The Secretary may not collect 

9 the fee under clause (i)(I) after September 

10 30, 2015.’’. 

11 (5) TEMPORARY PROTECTED STATUS.—Section 

12 244(c)(1)(B) of the Immigration and Nationality 

13 Act (8 U.S.C. 1254a(c)(1)(B)) is amended to read 

14 as follows: 

15 ‘‘(B) REGISTRATION FEES.— 

16 ‘‘(i) IN GENERAL.—The Secretary of 

17 Homeland Security may require the pay18 ment of a reasonable fee as a condition of 

19 registering an alien under subparagraph 

20 (A)(iv), including providing an alien with 

21 an ‘employment authorized’ endorsement 

22 or other appropriate work permit under 

23 this section. 

24 ‘‘(ii) ALIENS REGISTERED AFTER

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1 land Security may impose a separate, addi2 tional fee for providing an alien registered 

3 pursuant to a designation under this sec4 tion made after July 17, 1991, with docu5 mentation of work authorization. 

6 ‘‘(iii) DEPOSITS.—Notwithstanding 

7 section 3302 of title 31, United States 

8 Code, the fees authorized under this sub9 paragraph shall be miscellaneous receipts 

10 and deposited in the general fund of the 

11 Treasury of the United States.’’. 

12 (6) ADJUSTMENT OF STATUS.—Section 

13 245A(c)(7) of the Immigration and Nationality Act 

14 (8 U.S.C. 1255a(c)(7)) is amended to read as fol15 lows: 

16 ‘‘(7) APPLICATION FEES.— 

17 ‘‘(A) IN GENERAL.—The Secretary of 

18 Homeland Security shall provide for— 

19 ‘‘(i) a schedule of fees to be charged 

20 for the filing of applications for adjustment 

21 of status under subsection (a) or (b)(1); 

22 and 

23 ‘‘(ii) an additional fee for filing an ap24 plication for adjustment of status under 

25 subsection (b)(1) after the end of the first 


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1 year of the 2-year period described in sub2 section (b)(1)(A). 

3 ‘‘(B) DEPOSITS.—Fees authorized under 

4 this paragraph shall be miscellaneous receipts 

5 and deposited in the general fund of the Treas6 ury of the United States.’’. 

7 (7) DISPOSITION OF IMMIGRATION FEES.—Sec8 tion 286 of the Immigration and Nationality Act (8 

9 U.S.C. 1356) is amended to read as follows: 

10 ‘‘SEC. 286. DISPOSITION OF IMMIGRATION FEES. 

11 ‘‘(a) DETENTION, TRANSPORTATION, HOSPITALIZA12 TION, AND ALL OTHER EXPENSES OF DETAINED ALIENS; 

13 EXPENSES OF LANDING STATIONS.—All amounts paid 

14 into the Treasury of the United States to reimburse the 

15 Department of Homeland Security for the detention, 

16 transportation, hospitalization, and any other expenses re17 lating to the detention of aliens, and for expenses incurred 

18 by the Department of Homeland Security for landing sta19 tions referred to in section 233(b), which were paid from 

20 the appropriation for the enforcement of this title, shall 

21 be credited to the appropriation for the enforcement of 

22 this title for the fiscal year in which the expenses were 

23 incurred. 

24 ‘‘(b) PURCHASE OF EVIDENCE.—Amounts expended 

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1 curity for the purchase of evidence and subsequently re2 covered shall be reimbursed to the current appropriation 

3 for the Department of Homeland Security. 

4 ‘‘(c) FEES AND ADMINISTRATIVE FINES AND PEN5 ALTIES.— 

6 ‘‘(1) IN GENERAL.—All amounts received in 

7 payment of fees and administrative fines and pen8 alties under this title shall be miscellaneous receipts 

9 and deposited in the general fund of the Treasury of 

10 the United States. 

11 ‘‘(2) EXCEPTIONS FOR VIRGIN ISLANDS AND

12 GUAM.—All fees received from applicants residing in 

13 the Virgin Islands of the United States or in Guam, 

14 required to be paid under section 281, shall be paid 

15 to the Treasury of the Virgin Islands or to the 

16 Treasury of Guam, as appropriate. 

17 ‘‘(d) SCHEDULE OF FEES.— 

18 ‘‘(1) IN GENERAL.—In addition to any other fee 

19 authorized by law, the Secretary of Homeland Secu20 rity shall collect a $7 fee from each individual arriv21 ing at a port of entry in the United States, for— 

22 ‘‘(A) the immigration inspection of such in23 dividual at such port of entry; or 

24 ‘‘(B) the pre-inspection of such individual 

25 before such arrival while aboard a commercial 


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1 aircraft or commercial vessel located outside of 

2 the United States. 

3 ‘‘(2) REDUCED FEE.—In lieu of the fee other4 wise required under paragraph (1), the Secretary of 

5 Homeland Security shall collect a $3 immigration in6 spection or pre-inspection fee from each individual 

7 who was a passenger on a commercial vessel (other 

8 than an aircraft) and whose journey originated in— 

9 ‘‘(A) the United States; 

10 ‘‘(B) Canada; 

11 ‘‘(C) Mexico; 

12 ‘‘(D) a State, territory, or possession of 

13 the United States; or 

14 ‘‘(E) any adjacent island. 

15 ‘‘(e) LIMITATIONS ON FEES.— 

16 ‘‘(1) NO IMMIGRATION INSPECTION SERV17 ICES.—No fee may be collected from any individual 

18 under subsection (d)— 

19 ‘‘(A) who is in transit to a destination out20 side the United States; and 

21 ‘‘(B) for whom immigration inspection 

22 services are not provided. 

23 ‘‘(2) GREAT LAKES VESSELS.— 


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1 ‘‘(A) DEFINED TERM.—In this paragraph, 

2 the term ‘ferry’ means a vessel, in other than 

3 ocean or coastwise service, which— 

4 ‘‘(i) has provisions only for deck pas5 sengers or vehicles; 

6 ‘‘(ii) operates on a short run on a fre7 quent schedule between 2 points over the 

8 most direct water route; and 

9 ‘‘(iii) offers a public service of a type 

10 normally attributed to a bridge or tunnel. 

11 ‘‘(B) GREAT LAKES VESSELS.—No fee may 

12 be collected under subsection (d) for immigra13 tion inspections at designated ports of entry of 

14 passengers arriving by ferry, or by Great Lakes 

15 vessels on the Great Lakes and connecting wa16 terways when operating on a regular schedule. 

17 ‘‘(3) LIMITATION.—No fee may be collected 

18 under subsection (d) for immigration inspection or 

19 pre-inspection provided in connection with the ar20 rival of any passenger, other than aircraft pas21 sengers, whose journey originated in— 

22 ‘‘(A) Canada; 

23 ‘‘(B) Mexico; 

24 ‘‘(C) a State, territory, or possession of the 

25 United States; or 


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1 ‘‘(D) any adjacent island. 

2 ‘‘(f) COLLECTION.— 

3 ‘‘(1) IN GENERAL.—Each person that issues a 

4 document or ticket to an individual for transpor5 tation by a commercial vessel or commercial aircraft 

6 into the United States shall— 

7 ‘‘(A) collect from that individual the fee re8 quired under subsection (d) at the time the doc9 ument or ticket is issued; and 

10 ‘‘(B) identify on that document or ticket 

11 the fee required under subsection (d) as a Fed12 eral inspection fee. 

13 ‘‘(2) FOREIGN TICKET ISSUANCE.—The person 

14 providing transportation to an individual described 

15 in paragraph (1) shall— 

16 ‘‘(A) collect the fee required under sub17 section (d) at the time such individual departs 

18 from the United States; and 

19 ‘‘(B) provide such passenger a receipt for 

20 the payment of such fee if— 

21 ‘‘(i) a document or ticket for trans22 portation of a passenger into the United 

23 States was issued in a foreign country; and 


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1 ‘‘(ii) the fee required under subsection 

2 (d) was not collected at the time such doc3 ument or ticket is issued. 

4 ‘‘(3) REMITTANCE.— 

5 ‘‘(A) TO THE SECRETARY OF HOMELAND

6 SECURITY.—Except as provided under subpara7 graph (B), the person that collects a fee under 

8 paragraph (1) or (2) shall remit such fees to 

9 the Secretary of Homeland Security at any time 

10 before the date that is 31 days after the close 

11 of the calendar quarter in which such fees are 

12 collected. 

13 ‘‘(B) EXCEPTIONS.— 

14 ‘‘(i) FOURTH QUARTER PAYMENTS.— 

15 The fourth quarter payment for fees col16 lected from airline passengers shall be 

17 made not later than the date that is 10 

18 days before the last day of the fiscal year. 

19 ‘‘(ii) FIRST QUARTER PAYMENTS.— 

20 The first quarter payment shall include 

21 any fees collected in the preceding quarter 

22 that were not remitted with the previous 

23 payment. 

24 ‘‘(C) DEPOSIT INTO TREASURY.—The Sec25 retary of Homeland Security shall classify the 


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1 fees collected under this section as miscella2 neous receipts and, upon receipt, deposit such 

3 fees in the general fund of the Treasury of the 

4 United States. 

5 ‘‘(4) RULEMAKING.—The Secretary of Home6 land Security shall issue regulations with respect to 

7 the collection of the fees required under subsection 

8 (d) and the deposit of such fees into the Treasury 

9 under paragraph (3) that are consistent with the 

10 regulations issued by the Secretary of the Treasury 

11 for the collection and remittance of the taxes im12 posed under subchapter C of chapter 33 of the In13 ternal Revenue Code of 1986, but only to the extent 

14 the regulations issued with respect to such taxes do 

15 not conflict with the provisions of this section. 

16 ‘‘(g) PROVISION OF IMMIGRATION INSPECTION AND

17 PRE-INSPECTION SERVICES.—Notwithstanding section 2 

18 of the Act of March 2, 1931 (8 U.S.C. 1353b), or any 

19 other provision of law, the immigration services required 

20 to be provided to passengers upon arrival in the United 

21 States on scheduled airline flights shall be adequately pro22 vided when needed and at no cost (other than the fees 

23 required under subsection (d)) to airlines and airline pas24 sengers at— 

25 ‘‘(1) immigration serviced airports; and 


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1 ‘‘(2) places located outside of the United States 

2 at which an immigration officer is stationed for the 

3 purpose of providing such immigration services. 

4 ‘‘(h) REIMBURSEMENT.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of law, the Secretary of Homeland Security 

7 is authorized to receive reimbursement from the 

8 owner, operator, or agent of a private or commercial 

9 aircraft or vessel, or from any airport or seaport au10 thority for expenses incurred by the Secretary in 

11 providing immigration inspection services which are 

12 rendered at the request of such person or authority 

13 (including the salary and expenses of individuals em14 ployed by the Department of Homeland Security to 

15 provide such immigration inspection services). 

16 ‘‘(2) TERMINATION OF AUTHORITY.—The Sec17 retary’s authority to receive reimbursement under 

18 paragraph (1) shall terminate immediately upon the 

19 provision for such services by appropriation. 

20 ‘‘(i) LAND BORDER INSPECTION PROJECTS.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the Secretary of Homeland Security 

23 is authorized to establish, by regulation, projects 

24 under which a fee may be charged and collected for 


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1 inspection services provided at 1 or more land bor2 der points of entry if such projects— 

3 ‘‘(A) establish commuter lanes that are 

4 made available to qualified United States citi5 zens, legal permanent residents, and such aliens 

6 as the Secretary of Homeland Security deter7 mines to be eligible; and 

8 ‘‘(B) are entirely paid for by the fees col9 lected under this paragraph. 

10 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

11 take effect, with respect to any project described in 

12 paragraph (1) that was not authorized to be com13 menced before September 30, 2015, on the date that 

14 is 30 days after the submission of a written plan by 

15 the Secretary of Homeland Security that describes 

16 the proposed implementation of such project. 

17 ‘‘(3) QUARTERLY STATUS REPORTS.—The Sec18 retary of Homeland Security shall submit a quar19 terly status report to Congress on each land border 

20 inspection project implemented under this sub21 section. 

22 ‘‘(4) PILOT PROJECTS.—The Secretary of 

23 Homeland Security, in consultation with the Sec24 retary of the Treasury, may conduct pilot projects to 

25 demonstrate the use of designated ports of entry 


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1 after working hours through the use of card reading 

2 machines or other appropriate technology. 

3 ‘‘(j) GENEALOGY FEE.— 

4 ‘‘(1) IN GENERAL.—There is hereby established 

5 a fee for providing genealogy research and informa6 tion services (referred to in this section as the ‘gene7 alogy fee’). 

8 ‘‘(2) COLLECTION.—Any officer or employee of 

9 the Department of Homeland Security shall collect 

10 the genealogy fee before disseminating any requested 

11 genealogical information. 

12 ‘‘(3) DEPOSITS.—The genealogy fee shall be de13 posited in accordance with subsection (f)(3)(C). 

14 ‘‘(4) ANNUAL REPORT.—The Secretary of 

15 Homeland Security shall submit an annual report to 

16 Congress that describes the amount collected in gen17 ealogy fees under this subsection. 

18 ‘‘(k) PREMIUM FEE FOR EMPLOYMENT-BASED PETI19 TIONS AND APPLICATIONS.— 

20 ‘‘(1) AUTHORIZATION.—The Secretary of 

21 Homeland Security is authorized to collect a pre22 mium fee for employment-based petitions and appli23 cations, which shall be used— 

24 ‘‘(A) to provide certain premium-proc25 essing services to business customers; and 


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1 ‘‘(B) to make infrastructure improvements 

2 in the adjudications and customer-service proc3 esses. 

4 ‘‘(2) ELIGIBILITY.—The Secretary may not ap5 prove a petition or application submitted with a pre6 mium fee unless the petitioner or applicant meets 

7 the legal criteria for the requested immigration ben8 efit. 

9 ‘‘(3) AMOUNT.—The premium fee authorized 

10 under paragraph (1) shall be— 

11 ‘‘(A) equal to $1,000; and 

12 ‘‘(B) paid in addition to other normal peti13 tion and application fees that may otherwise be 

14 applicable. 

15 ‘‘(4) DEPOSITS.—The premium fee authorized 

16 under this subsection shall be deposited in accord17 ance with subsection (f)(3)(C). 

18 ‘‘(l) RULEMAKING.—The Secretary of Homeland Se19 curity may prescribe such regulations as may be necessary 

20 to carry out the provisions of this section through notice 

21 and comment rulemaking.’’. 

22 (8) BIOMETRIC ENTRY AND EXIT DATA SYS23 TEM.—Section 7208(k)(3)(B) of the 9/11 Commis24 sion Implementation Act of 2004 (8 U.S.C. 

25 1365b(k)(3)(B)) is amended to read as follows: 


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1 ‘‘(B) FEES.—The Secretary of Homeland 

2 Security— 

3 ‘‘(i) may impose fees for the program 

4 established under subparagraph (A); 

5 ‘‘(ii) may adjust such fees as needed, 

6 provided that the amount collected from 

7 such fees does not exceed the aggregate 

8 costs associated with the program; and 

9 ‘‘(iii) shall classify such fees as mis10 cellaneous receipts and, upon receipt, de11 posit such fees in the general fund of the 

12 Treasury of the United States.’’. 

13 (9) NONIMMIGRANT FOREIGN STUDENTS.—Sec14 tion 641(e) of the Illegal Immigration Reform and 

15 Immigrant Responsibility Act of 1996 (8 U.S.C. 

16 1372(e)) is amended— 

17 (A) by amending paragraph (2) to read as 

18 follows: 

19 ‘‘(2) REMITTANCE.—The fees collected under 

20 paragraph (1) shall be remitted by the alien pursu21 ant to a schedule established by the Secretary of 

22 Homeland Security for immediate deposit in the 

23 general fund of the Treasury of the United States.’’; 

24 and 


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1 (B) by amending paragraph (4) to read as 

2 follows: 

3 ‘‘(4) FEES.— 

4 ‘‘(A) FEE AMOUNT.— 

5 ‘‘(i) IN GENERAL.—The Secretary of 

6 Homeland Security shall establish the 

7 amount of the fee to be imposed on, and 

8 collected from, an alien under paragraph 

9 (1). 

10 ‘‘(ii) FEE LIMITATIONS.—Except as 

11 provided in clause (iii) and in subsection 

12 (g)(2), the fee imposed on any individual 

13 under this subsection may not exceed 

14 $100. 

15 ‘‘(iii) REDUCED FEE.—The fee im16 posed on an alien admitted under section 

17 101(a)(15)(J) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(15)(J)) as 

19 an au pair, camp counselor, or participant 

20 in a summer work travel program shall not 

21 exceed $40. 

22 ‘‘(iv) FEE BASIS.—The amount of the 

23 fee shall be based on the Secretary of 

24 Homeland Security’s estimate of the cost 


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1 per alien of conducting the information col2 lection program described in this section. 

3 ‘‘(B) DEPOSITS.—Fees authorized under 

4 paragraph (1) shall be miscellaneous receipts 

5 and deposited in the general fund of the Treas6 ury of the United States.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Immigration and Nationality Act (8 U.S.C. 1101 

9 et seq.) is amended by striking the item relating to section 

10 286 and inserting the following: 

‘‘Sec. 286. Disposition of immigration fees.’’. 

11 SEC. 3. EFFECTIVE DATE FOR DEPOSITS INTO GENERAL 

12 FUND OF THE TREASURY. 

13 The amendments made by section 2 shall take effect 

14 on— 

15 (1) the first day of the month immediately fol16 lowing the date of the enactment of this Act (or the 

17 immediate subsequent business day if the first day 

18 of the immediately following month is a weekend day 

19 or holiday) if the date of the enactment falls between 

20 the first and 15th day of a month, inclusive; or 

21 (2) the 15th day of the month immediately fol22 lowing the date of the enactment of this Act (or the 

23 immediate subsequent business day if the 15th day 

24 of the immediately following month is a weekend day 


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25 

•S 1593 IS

1 or holiday) if the date of the enactment falls between 

2 the 16th and final day of a month, inclusive. 

3 SEC. 4. TRANSFER OF EXISTING FEE REVENUE INTO GEN4 ERAL FUND OF THE TREASURY. 

5 All fee revenue in all of the accounts authorized under 

6 section 286 of the Immigration and Nationality Act (8 

7 U.S.C. 1356), as of the day before the date of the enact8 ment of this Act, shall be transferred to the general fund 

9 of the Treasury of the United States on the effective date 

10 described in section 3. 

11 SEC. 5. TERMINATION OF EXISTING OFFSETTING AC12 COUNTS. 

13 All of the accounts authorized under section 286 of 

14 the Immigration and Nationality Act (8 U.S.C. 1356), as 

15 of the day before the date of the enactment of this Act, 

16 shall be terminated on the effective date described in sec17 tion 3. 

Æ 


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