[Federal Register Volume 59, Number 31 (Tuesday, February 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3395]


[[Page Unknown]]

[Federal Register: February 15, 1994]


                                                    VOL. 59, NO. 31

                                         Tuesday, February 15, 1994
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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
8 CFR Part 286 
[INS No. 1392-93]
RIN 1115-AA30
 

Immigration User Fee; Remittance Requirements 
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule.

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SUMMARY: This proposed rulemaking publishes changes to requirements 
related to the Immigration User Fee Account (IUFA). This document 
proposes to amend existing regulations to comply with the 1991 and 1994 
Department of Justice Appropriations Acts and with a nomenclature 
change. In addition, this proposed rule establishes a change to where 
remittances shall be sent; a requirement for additional information in 
the remittance and statement procedures for fees; a clarification as to 
how remittances must be paid; and an extension to the length of time 
records must be maintained.
    Important and necessary information not currently available to the 
Immigration and Naturalization Service (INS) would improve INS 
management of the IUFA. Budgetary estimates based upon projected fee 
collections would be more precise thereby improving the allocation of 
funds among programs. In addition, collections activities would be 
enhanced since the information provided with a remittance would ensure 
proper recording of the fees collected. .

DATES: Written comments must be submitted on or before April 18, 1994.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW., room 5307,Washington, DC 
20536. To ensure proper handling, please reference INS No. 1392-93 on 
your correspondence.

FOR FURTHER INFORMATION CONTACT: Michael Natchuras, Budget Analyst, Fee 
Analysis and Operations Branch, Office of Finance, Office of Budget, 
Immigration and Naturalization Service, 425 I Street NW., room 6307, 
Washington, DC 20536, telephone (202) 616-2754.

SUPPLEMENTARY INFORMATION: The Department of Justice Appropriations 
Act, 1994, (Pub. L. 103-121, October 27, 1993,) increased the 
Immigration User Fee from $5,00 to $6.00 per individual. In addition, 
the Department of Justice Appropriations Act, 1991, (Pub. L. 101-515, 
November 5, 1990,) made other changes to the Immigration and 
Nationality Act. This proposed rule reflects those changes in 8 CFR 
286. The requirements for fee collection data, remittance information, 
and records maintenance are required to improve financial management 
processes including budgeting, collection and debt management, and 
auditing functions. Lastly, this proposed rule implements a 
nomenclature change throughout 8 CFR 286 to remove the word 
``Comptroller'' and to add in its place the words ``Associate 
Commissioner, Finance.''
    More specifically, this proposed rule changes the current 
regulation in the following ways. A new requirement is established for 
the monthly submission of a summary report showing the user fees 
collected in the preceding month and the associated number of ticket 
sales. In addition, the remittance depository cited in the current 
regulation is changed from one of specific identification to that of a 
``designated Treasury depository.'' Further, a requirement is added to 
require the quarterly remittance statement to separately identify 
interest and penalty payments from the actual user fee remittance. 
Finally, the record retention period is changed from 2 years to 5 
years. These changes are being made to improve financial management of 
the user fee account. Also, these changes are responsive to 
recommendations in Department of Justice, Office of Inspector General 
audits of the account.
    In compliance with 5 U.S.C. 605(b), the Commissioner of INS 
certifies that the proposed rule would not have a significant adverse 
economic impact on a substantial number of small entities. The 
Government does not collect the user fees directly from passengers, but 
from the air and vessel carriers or their agents. Each entity that 
issues a document or ticket to an individual for transportation by a 
commercial aircraft or commercial vessel into the United States is 
required to collect the immigration user fee at the time the ticket is 
issued, and if the issuer fails to collect the fee at the time of 
issuance, the entity providing the transportation collects the user fee 
when the passenger departs the United States. The information required 
under this rule should be readily available from business records which 
must be maintained as a routine business practice.
    This proposed rule is not considered by the Immigration and 
Naturalization Service, to be a ``significant regulatory action'' under 
Executive Order 12866 Sec. 3(f), Regulatory Planning and Review, and 
the Office of Management and Budget (OMB) has waived its review process 
under section 6(a)(3)(A).
    The information collection requirements contained in this proposed 
rule have been cleared by the OMB, under the provisions of the 
Paperwork Reduction Act. The OMB clearance number is 1115-0142.

List of Subjects in 8 CFR Part 286

    Air carriers, Immigration, Maritime carriers, Reporting and 
recordkeeping requirements.

    Accordingly, part 286 of chapter I of title 8 of the Code of 
Federal Regulations is proposed to be amended to read as follows:

PART 286--IMMIGRATION USER FEES

    1. The authority citation for part 286 continues to read as 
follows:

    Authority: 8 U.S.C. 1356; 8 CFR part 2.

    2. Section 286.2 is revised to read as follows:


Sec. 286.2  Fee for arrival of passengers aboard commercial aircraft or 
commercial vessels.

    (a) Under the provisions of section 286(b) of the Act a $6.00 fee 
per individual is charged and collected by the Commissioner for the 
immigration inspection of each passenger aboard a commercial aircraft 
or commercial vessel, arriving at a Port-of-Entry in the United States, 
or for the preinspection of a passenger in a place outside the United 
States prior to such arrival, except as provided in $286.3.
    (b) Twenty business days after the end of each calendar month, each 
commercial aircraft and vessel carrier or ticket selling agent shall 
submit to the Immigration and Naturalization Service, Associate 
Commissioner, Finance, a summary statement showing the amount of user 
fees collected in the preceding month. The summary information shall 
include the fees expected to be remitted to INS and the number of 
tickets sold. This information should be forwarded to the Immigration 
and Naturalization Service, Chief, Fee Analysis and Operations Branch, 
425 I Street, NW., room 6307, Washington, DC 20536.
    3. In Sec. 286.3 paragraph (a) is revised to read as follows:


Sec. 286.3  Exceptions.

* * * * *
    (a) Persons, other than aircraft passengers, whose travel 
originated in Canada, Mexico, the adjacent islands, and territories or 
possessions of the United States;
* * * * *
    4. In Sec. 286.5 paragraphs (b), (c) and (d) are revised to read as 
follows:


Sec. 286.5  Remittance and statement procedures.

* * * * *
    (b)(1) Fee remittances shall be sent to the Immigration and 
Naturalization Service, at a designated Treasury depository, for 
receipt no later than 31 days after the close of the calendar quarter 
in which the fees are collected, except the fourth quarter payment for 
fees collected shall be made on the date that is ten days before the 
end of the U.S. Government's fiscal year, and the first quarter payment 
shall include any collections made in the preceding quarter that were 
not remitted with the previous payment. The fiscal year referenced is 
the U.S. Government's fiscal year which begins on October 1 and ends on 
September 30.
    (2) Late payments will be subject to interest, penalty, and 
handling charges as provided in the debt Collection Act of 1982 (31 
U.S.C. 3717). Refunds by a remitter of fees collected in conjunction 
with unused tickets or documents for transportation should be netted 
against the next subsequent remittance.
    (c) Along with the remittance, as set forth in paragraph (b) of 
this section, each remitter making such remittance shall attach a 
statement which sets forth the following:

    (1) Name and address;
    (2) Taxpayer identification number;
    (3) Calendar quarter covered by the payment;
    (4) Interest and penalty charges; and
    (5) Total amount collected and remitted.

    (d) Remittances in U.S. dollars must be made by check or money 
order through a U.S. bank, to Associate Commissioner, Finance, INS.
* * * * *
    5. Section 286.6 is revised to read as follows:


Sec. 286.6  Maintenance of records.

    Each collector and remitter shall maintain records necessary for 
the Service to verify the accuracy of fees collected and remitted and 
to otherwise determine compliance with the applicable statutes and 
regulations. Such records shall be maintained for a period of five 
years from the date of fee collection. Each remitter shall advise the 
Associate Commissioner, Finance, of the name, address, and telephone 
number of a responsible officer who shall have the authority to verify 
and produce any records required to be maintained under this part. The 
Associate Commissioner, Finance, shall be promptly notified of any 
changes of the responsible officer.


Sec. 286.1(e), 286.4(c), 286.5(d), 286.5(e), and 286.6  [Amended]

    6. In Secs. 286.1(e), 286.4(c), 286.5(d), 286.5(e), and 286.6, 
remove the word ``Comptroller'' and add in its place ``Associate 
Commissioner, Finance'' wherever it appears.

    Dated: January 14, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 94-3395 Filed 2-14-94; 8:45 am]
BILLING CODE 4410-10-M