[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.
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