[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 ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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