(b) LAND BORDER INSPECTION FEE ACCOUNT.—(1) There is a separate
account in the Treasury known as the ‘‘Land Border Inspection Fee Ac-
count’’.
(2) At least quarterly, the Secretary of the Treasury shall refund out of
the Account to any appropriation amounts for expenses incurred in provid-
ing inspection services at land border places of entry in California and on
the northern border of the United States, including expenses of—
(A) providing overtime inspection services;
(B) expanding, operating, and maintaining information systems for
nonimmigrant control;
(C) employing additional permanent and temporary inspectors;
(D) minor construction costs associated with the addition of new
traffic lanes (with the concurrence of the Administrator of General
Services);
(E) detecting fraudulent documents used by passengers traveling to
the United States; and
(F) administering the Account.
(3) Amounts required to be refunded from the Account for each fiscal
year shall be refunded in accordance with estimates made in the budget re-
quest of the Attorney General for that fiscal year. However, any proposed
change in the amount designated in the budget request may be made only
after notification to the Committees on Appropriations of the House of Rep-
resentatives and the Senate under section 606 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1990 (Public Law 101–162, 103 Stat. 1031).
(c) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available until expended.
(d) REPORTS.—(1) The Attorney General shall submit annually to Con-
gress a statement on the financial condition of the Account, including the
beginning balance, revenues, withdrawals, the ending balance, and projec-
tions for the next fiscal year.
(2) The Attorney General shall submit quarterly to Congress a status re-
port on the project.
(e) EXPIRATION.—This section expires on September 30, 1996.
§ 320. Advisory committee on inspection services
(a) ESTABLISHMENT.—The Attorney General shall establish an advisory
committee consisting of representatives from air carriers and other modes
of transportation that may be subject to a fee authorized by law or proposed
by the Immigration and Naturalization Service to cover expenses incurred
by the Service.
(b) MEETINGS AND ADVICE.—The advisory committee shall meet on a
periodic basis and advise the Attorney General on issues related to the per-
formance of the inspection services of the Immigration and Naturalization
Service. This advice shall include such issues as the time periods during
which the services should be performed, the proper number and deployment
of inspection officers, the level of fees, and the appropriateness of any pro-
posed fee. The Attorney General shall give substantial consideration to the
views of the committee.
§ 321. Immigration emergency fund
(a) ESTABLISHMENT.—There is an immigration emergency fund in the
Treasury.
(b) USES.—(1) Amounts in the fund may be used—
(A) to provide for an increase in border patrol or other enforcement
activities of the Immigration and Naturalization Service;
(B) to reimburse State and local governments for providing assist-
ance requested by the Attorney General in meeting an immigration
emergency, but only if the President has decided that an emergency ex-
ists and has certified the existence of the emergency to the Committees
on the Judiciary of the House of Representatives and the Senate; and
(C) subject to paragraphs (2)–(4) of this subsection, to reimburse
State and local governments for providing assistance required by the
Attorney General, without the need for a decision by the President that
an emergency exists—
(i) when a district director of the Service certifies to the Com-
missioner of Immigration and Naturalization that the number of
asylum applications filed in the director’s district during a cal-
endar quarter is at least 1,000 more than the number of asylum
applications filed in that district during the prior calendar quarter;
(ii) when the lives, property, safety, or welfare of the residents
of a State or locality are endangered; or
(iii) in other circumstances that the Attorney General decides.
(2) Providing parole at a place of entry in a district shall be counted,
under paragraph (1)(C)(i) of this subsection, as filing an application for
asylum in that district.
(3) Not more than $20,000,000 may be made available for all State and
local governments under paragraph (1)(C) of this subsection.
(4) A State or local government seeking reimbursement under paragraph
(1)(C) of this subsection must file an application with the Attorney General.
The Attorney General shall make a decision on the application not later
than 15 days after receiving the application.