[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Proposed Rules]
[Pages 3107-3108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-893]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 286

[INS No. 1350-93]
RIN 1115-AD06


INS Immigration User Fee Review

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice of user fee account status.

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SUMMARY: The Attorney General is required to submit a report to the 
Congress concerning the status of the Immigration User Fee Account 
(IUFA), and to recommend any adjustment in the prescribed fee. The 
report is to be submitted to the Congress following a public notice 
with opportunity for comment. This document publishes the status of the 
IUFA as of September 30, 1994, and presents the public the opportunity 
to comment and propose regulatory changes.

DATES: Written comments must be received on or before March 14, 1995.

ADDRESSES: Please submit written comments, in triplicate, to Director, 
Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, Room 5307, 425 I Street, NW., Washington, DC 
20536-0002. To ensure proper handling, please reference INS No. 1350-93 
on your correspondence.

FOR FURTHER INFORMATION CONTACT:
Michael Natchuras, Budget Analyst, Fee Analysis and Operations Branch, 
Office of Finance, Immigration and Naturalization Service, 425 I 
Street, NW., Room 6240, Washington, DC 20036-0002, telephone 202-616-
2754.

SUPPLEMENTARY INFORMATION: Section 286(d) of the Immigration and 
Nationality Act (Act) directs the Attorney General to charge and 
collect a user fee from each individual arriving in the United States 
aboard a commercial aircraft or commercial vessel from foreign 
locations effective December 1, 1986. Individuals arriving from Mexico, 
Canada, and the adjacent islands by means other than commercial 
aircraft are exempt from the fee. The 1994 Appropriations Act for the 
Department of Justice, Public Law 103-121, changed the Immigration User 
Fee from $5.00 to $6.00 per passenger inspected. Fee collections are 
used to provide immigration inspection services for commercial aircraft 
and commercial vessels; detect fraudulent documents used by air and sea 
passengers travelling to the United States; detain and deport 
excludable aliens arriving on commercial aircraft and commercial 
vessels; expand and operate information systems for non-immigrant 
control and debt collection; and provide necessary support for 
operations to ensure that the objectives of the program are achieved. 
The 1994 Appropriations Act authorized the use of the IUFA to provide 
detention and deportation services for excludable aliens who have 
attempted to enter the United States illegally through avoidance of 
inspectoin at air and sea ports-of-entry, and to provide exclusion and 
asylum proceedings at air and sea ports-of-entry for excludable aliens 
arriving on commercial aircraft and vessels and for any excludable 
aliens who have attempted to enter the United States illegally through 
avoidance of inspection at air and sea ports-of-entry.
    Section 286(h) of the Act requires the Attorney General to submit a 
bi-yearly report to the Congress concerning the status of the IUFA. 
Before the report is submitted, the Attorney General must present a 
summary of the account's status for review and public comment.
    As of September 30, 1994, the status of the account is as follows:

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                                                                             Financial summary ($000)           
                                                                 -----------------------------------------------
                                                                    Fiscal year     Fiscal year     Fiscal year 
                                                                    1993 actual     1994 actual    1995 estimate
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Start of year balance...........................................          $7,321         $27,460         $40,387
Collections.....................................................         228,298         270,090         295,900
Obligations.....................................................         211,094         264,530         321,600
Recovery of prior year obligations..............................           2,935           7,367  ..............
End of year balance.............................................          27,460          40,387          14,667
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    On February 15, 1994, INS published proposed changes in regulations 
(59 FR 7227) to amend 8 CFR 286 to comply with 1991 and 1994 Department 
of Justice Appropriations Acts. In addition, the proposed rule included 
changes in [[Page 3108]] remittance and statement procedures and 
proposed other amendments and technical corrections. Public comments 
were received, evaluated, and considered, and a final rule was 
published on September 28, 1994 (59 FR 49347). The rule was effective 
on October 28, 1994. No other regulatory changes are contemplated.
    By this notice, the public may provide any proposals to revise 8 
CFR part 286 on matters which may be changed by regulation, and may 
provide comments on the status of the IUFA before a report is submitted 
to the Congress.

    Dated: December 30, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-893 Filed 1-12-95; 8:45 am]
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