§ 316. Breached Bond/Detention Fund
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Breached Bond/Detention Fund’’.
(b) REFUNDS.—(1) At least quarterly, the Secretary of the Treasury
shall refund amounts from the Fund to the Immigration and Naturalization
Service for—
(A) expenses incurred in collecting breached bonds; and
(B) expenses associated with the detention of illegal aliens.
(2) The amount required to be refunded for each fiscal year shall be re-
funded in accordance with estimates made in the budget request of the At-
torney General for that fiscal year. However, any proposed change in the
amount designated in the budget request may be made only after notifica-
tion to the Committees on Appropriations of the House of Representatives
and the Senate under section 606 of the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Appropriations Act,
1993 (Public Law 102–395, 106 Stat. 1873).
(c) DEPOSITS.—All breached cash and surety bonds, more than
$8,000,000, posted under this title and recovered by the Attorney General
shall be deposited in the Fund as offsetting receipts.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund remain
available until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Fund, including the beginning
balance, receipts, refunds to appropriations, transfers to the general fund,
and the ending balance.
§ 317. Immigration User Fee Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration User Fee Account’’.
(b) REFUNDS.—(1) The Secretary of the Treasury shall refund out of the
Account to any appropriation the amount paid out of that appropriation for
expenses incurred by the Attorney General in—
(A) providing immigration inspection and preinspection services for
a commercial vessel or aircraft;
(B) providing overtime, Sunday, or holiday immigration inspection
services for a commercial vessel or aircraft;
(C) administering debt recovery, including establishing and operating
a national collections office;
(D) expanding, operating, and maintaining information systems for
nonimmigrant control and debt collection;
(E) detecting fraudulent documents used by passengers traveling to
the United States;
(F) providing detention and deportation services for an excludable
alien—
(i) arriving on a commercial vessel or aircraft; or
(ii) attempting to enter illegally by avoiding immigration inspec-
tion at an air or sea port of entry; and
(G) providing exclusion and asylum proceedings at an air or sea port
of entry for an excludable alien—
(i) arriving on a commercial vessel or aircraft, including provid-
ing exclusion proceedings resulting from presentation of fraudulent
documentation or failure to present documentation; or
(ii) attempting to enter illegally by avoiding immigration inspec-
tion at an air or sea port of entry.
(2) Amounts required to be refunded under paragraph (1) of this sub-
section shall be refunded at least quarterly on the basis of estimates, made
by the Attorney General, of the expenses referred to in paragraph (1). Prop-
er adjustments shall be made in the amounts subsequently refunded under
paragraph (1) to the extent prior estimates were more or less than the
amount required to be refunded.
(c) DEPOSITS.—The following shall be deposited in the Account:
(1) fees collected under section 6909 of this title, deposited as offset-
ting receipts.
(2) civil penalties collected under sections 10120, 10122, and 10123
of this title.
(3) liquidated damages and expenses collected under this title.
(d) AVAILABILITY
OF AMOUNTS.—Amounts deposited in the Account
under subsection (c)(1) of this section remain available until expended.
(e) REPORTS.—(1) At the end of each 2-year period beginning with the
establishment of the Account, the Attorney General, following a public rule-
making with notice and an opportunity for comment, shall submit a report
to Congress—
(A) describing the status of the Account, including the balance; and
(B) recommending any change in the fee specified in section 6909(a)
of this title to ensure that amounts collected from the fee for the suc-
ceeding 2 years equal, as closely as possible, the cost of providing the
services for which the fee is charged.
(2) In addition to the reporting requirement under paragraph (1) of this
subsection, the Attorney General shall submit to Congress not later than
March 31 of each year a statement showing—
(A) the financial condition of the Account, including the beginning
balance, revenues, withdrawals and their purpose, the ending balance,
projections for the next fiscal year, and a complete workload analysis
showing on a port-by-port basis the current and projected need for in-
spectors; and
(B) the success rate of the Immigration and Naturalization Service
in meeting the 45-minute inspection standard imposed by section 309
of this title, detailed statistics on the number of passengers inspected
within the standard, progress being made to expand the use of United
States citizen by-pass, the number of passengers for whom the stand-
ard is not met and the length of their delay, locational breakdown of
these statistics, and the steps being taken to correct any nonconform-
ity.
§ 318. Immigration Examinations Fee Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration Examinations Fee Account’’.
(b) USE OF AMOUNTS.—Amounts in the Account are available to the At-
torney General to reimburse any appropriation by the amount paid from
that appropriation for expenses in—
(1) providing immigration adjudication and naturalization services;
and
(2) collecting, safeguarding, and accounting for fees deposited in,
and amounts reimbursed from, the Account.
(c) DEPOSITS.—Immigration adjudication fees designated by the Attorney
General by regulation shall be deposited as offsetting receipts in the Ac-
count, whether collected directly by the Attorney General or through clerks
of courts. However, fees the Attorney General receives from applicants re-
siding in the Virgin Islands or Guam shall be paid to the treasury of the
Virgin Islands or the treasury of Guam, respectively.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available to the Attorney General until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the begin-
ning balance, revenues, withdrawals, the ending balance, and projections for
the next fiscal year.
§ 319. Land border inspection fees
(a) FEE AUTHORITY.—The Attorney General may establish, by regula-
tion, a project under which a fee may be charged and collected for inspec-
tion services at land border places of entry in California and on the north-
ern border of the United States. The project may include commuter lanes
to be made available to qualified citizens of the United States and aliens,
as the Attorney General decides. Fees collected under this subsection shall
be deposited as offsetting receipts in the Account established under sub-
section (b)(1) of this section.