8 U.S.C. § 1356 — Disposition of moneys collected under the

Page 431 TITLE 8—ALIENS AND NATIONALITY § 1356 Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. See sec- tions 509 and 510 of Title 28, Judiciary and Judicial Pro- cedure. § 1354. Applicability to members of the Armed Forces (a) Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or af- fect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uni- form of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter. (b) If a person lawfully admitted for perma- nent residence is the spouse or child of a mem- ber of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the mem- ber’s official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical pres- ence of the person abroad shall not be treated as— (1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title; or (2) an absence from the United States for purposes of clause (ii) of such section. (June 27, 1952, ch. 477, title II, ch. 9, § 284, 66 Stat. 232; Pub. L. 110–181, div. A, title VI, § 673, Jan. 28, 2008, 122 Stat. 185.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 2008—Pub. L. 110–181 designated existing provisions as subsec. (a) and added subsec. (b). § 1355. Disposal of privileges at immigrant sta- tions; rentals; retail sale; disposition of re- ceipts (a) Subject to such conditions and limitations as the Attorney General shall prescribe, all ex- clusive privileges of exchanging money, trans- porting passengers or baggage, keeping eating houses, or other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and ca- pable bidder (other than an alien) in accordance with the provision of section 6101 of title 41 and for the use of Government property in connec- tion with the exercise of such exclusive privi- leges a reasonable rental may be charged. The feeding of aliens, or the furnishing of any other necessary service in connection with any United States immigrant station, may be performed by the Service without regard to the foregoing pro- visions of this subsection if the Attorney Gen- eral shall find that it would be advantageous to the Government in terms of economy and effi- ciency. No intoxicating liquors shall be sold at any immigrant station. (b) Such articles determined by the Attorney General to be necessary to the health and wel- fare of aliens detained at any immigrant sta- tion, when not otherwise readily procurable by such aliens, may be sold at reasonable prices to such aliens through Government canteens oper- ated by the Service, under such conditions and limitations as the Attorney General shall pre- scribe. (c) All rentals or other receipts accruing from the disposal of privileges, and all moneys arising from the sale of articles through Service-oper- ated canteens, authorized by this section, shall be covered into the Treasury to the credit of the appropriation for the enforcement of this sub- chapter. (June 27, 1952, ch. 477, title II, ch. 9, § 285, 66 Stat. 232.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1356. Disposition of moneys collected under the provisions of this subchapter (a) Detention, transportation, hospitalization, and all other expenses of detained aliens; ex- penses of landing stations All moneys paid into the Treasury to reim- burse the Service for detention, transportation, hospitalization, and all other expenses of de- tained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in section 1223(b) of this title paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropria- Page 432 TITLE 8—ALIENS AND NATIONALITY § 1356 tion for the enforcement of this chapter for the fiscal year in which the expenses were incurred. (b) Purchase of evidence Moneys expended from appropriations for the Service for the purchase of evidence and subse- quently recovered shall be reimbursed to the current appropriation for the Service. (c) Fees and administrative fines and penalties; exception Except as otherwise provided in subsection (a) and subsection (b), or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under section 1351 of this title, shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively. (d) Schedule of fees In addition to any other fee authorized by law, the Attorney General shall charge and collect $7 per individual for the immigration inspection of each passenger arriving at a port of entry in the United States, or for the preinspection of a pas- senger in a place outside of the United States prior to such arrival, aboard a commercial air- craft or commercial vessel. (e) Limitations on fees (1) Except as provided in paragraph (3), no fee shall be charged under subsection (d) for immi- gration inspection or preinspection provided in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in the following: (A) Canada, (B) Mexico, (C) a State, territory or possession of the United States, or (D) any adjacent island (within the meaning of section 1101(b)(5) of this title). (2) No fee may be charged under subsection (d) with respect to the arrival of any passenger— (A) who is in transit to a destination outside the United States, and (B) for whom immigration inspection serv- ices are not provided. (3) The Attorney General shall charge and col- lect $3 per individual for the immigration in- spection or pre-inspection of each commercial vessel passenger whose journey originated in the United States or in any place set forth in para- graph (1): Provided, That this requirement shall not apply to immigration inspection at des- ignated ports of entry of passengers arriving by ferry, or by Great Lakes vessels on the Great Lakes and connecting waterways when oper- ating on a regular schedule. For the purposes of this paragraph, the term ‘‘ferry’’ means a vessel, in other than ocean or coastwise service, having provisions only for deck passengers and/or vehi- cles, operating on a short run on a frequent schedule between two points over the most di- rect water route, and offering a public service of a type normally attributed to a bridge or tunnel. (f) Collection (1) 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 charged under subsection (d) at the time the document or ticket is issued; and (B) identify on that document or ticket the fee charged under subsection (d) as a Federal inspection fee. (2) If— (A) a document or ticket for transportation of a passenger into the United States is issued in a foreign country; and (B) the fee charged under subsection (d) is not collected at the time such document or ticket is issued; the person providing transportation to such pas- senger shall collect such fee at the time such passenger departs from the United States and shall provide such passenger a receipt for the payment of such fee. (3) The person who collects fees under para- graph (1) or (2) shall remit those fees to the At- torney General at any time before the date that is thirty-one days after the close of the calendar quarter in which the fees are collected, except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall in- clude any collections made in the preceding quarter that were not remitted with the pre- vious payment. Regulations issued by the Attor- ney General under this subsection with respect to the collection of the fees charged under sub- section (d) and the remittance of such fees to the Treasury of the United States shall be con- sistent with the regulations issued by the Sec- retary of the Treasury for the collection and re- mittance of the taxes imposed by subchapter C of chapter 33 of title 26, but only to the extent the regulations issued with respect to such taxes do not conflict with the provisions of this sec- tion. (g) Provision of immigration inspection and preinspection services Notwithstanding section 1353b of this title, 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 im- posed under subsection (d)) to airlines and air- line passengers at: (1) immigration serviced airports, and (2) places located outside of the United States at which an immigration officer is sta- tioned for the purpose of providing such immi- gration services. (h) Disposition of receipts (1)(A) There is established in the general fund of the Treasury a separate account which shall be known as the ‘‘Immigration User Fee Ac- count’’. Notwithstanding any other section of this subchapter, there shall be deposited as off- setting receipts into the Immigration User Fee Page 433 TITLE 8—ALIENS AND NATIONALITY § 1356 1 So in original. Account all fees collected under subsection (d) of this section, to remain available until ex- pended..1 At the end of each 2-year period, begin- ning with the creation of this account, the At- torney General, following a public rulemaking with opportunity for notice and comment, shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing these services. (B) Notwithstanding any other provisions of law, all civil fines or penalties collected pursu- ant to sections 1253(c), 1321, and 1323 of this title and all liquidated damages and expenses col- lected pursuant to this chapter shall be depos- ited in the Immigration User Fee Account. (2)(A) The Secretary of the Treasury shall re- fund out of the Immigration User Fee Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General in providing immigration in- spection and preinspection services for commer- cial aircraft or vessels and in— (i) providing overtime immigration inspec- tion services for commercial aircraft or ves- sels; (ii) administration of debt recovery, includ- ing the establishment and operation of a na- tional collections office; (iii) expansion, operation and maintenance of information systems for nonimmigrant con- trol and debt collection; (iv) detection of fraudulent documents used by passengers traveling to the United States, including training of, and technical assistance to, commercial airline personnel regarding such detection; (v) providing detention and removal services for inadmissible aliens arriving on commercial aircraft and vessels and for any alien who is inadmissible under section 1182(a) of this title who has attempted illegal entry into the United States through avoidance of immigra- tion inspection at air or sea ports-of-entry; and (vi) providing removal and asylum pro- ceedings at air or sea ports-of-entry for inad- missible aliens arriving on commercial air- craft and vessels including immigration re- moval proceedings resulting from presentation of fraudulent documents and failure to present documentation and for any alien who is inad- missible under section 1182(a) of this title who has attempted illegal entry into the United States through avoidance of immigration in- spection at air or sea ports-of-entry. The Attorney General shall provide for expendi- tures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are described in the previous sen- tence. (B) The amounts which are required to be re- funded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjust- ments shall be made in the amounts subse- quently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A). (i) Reimbursement Notwithstanding any other provision of law, the Attorney General is authorized to receive reimbursement from the owner, operator, or agent of a private or commercial aircraft, train, or vessel, or from any airport, rail line, or sea- port authority for expenses incurred by the At- torney General in providing immigration inspec- tion services which are rendered at the request of such person or authority (including the salary and expenses of individuals employed by the At- torney General to provide such immigration in- spection services). Reimbursements under this subsection may be collected in advance of the provision of such immigration inspection serv- ices. Notwithstanding subsection (h)(1)(B), and only to the extent provided in appropriations Acts, any amounts collected under this sub- section shall be credited as offsetting collec- tions to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection, remain available until expended, and be available for the purposes for which such appropriation, account, or fund is authorized to be used. (j) Regulations The Attorney General may prescribe such rules and regulations as may be necessary to carry out the provisions of this section. (k) Advisory committee In accordance with the provisions of chapter 10 of title 5, the Attorney General shall establish an advisory committee, whose membership shall consist of representatives from the airline and other transportation industries who may be sub- ject to any fee or charge authorized by law or proposed by the Immigration and Naturalization Service for the purpose of covering expenses in- curred by the Immigration and Naturalization Service. The advisory committee shall meet on a periodic basis and shall advise the Attorney General on issues related to the performance of the inspectional services of the Immigration and Naturalization Service. This advice shall in- clude, but not be limited to, such issues as the time periods during which such services should be performed, the proper number and deploy- ment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The At- torney General shall give substantial consider- ation to the views of the advisory committee in the exercise of his duties. (l) Report to Congress In addition to the reporting requirements es- tablished pursuant to subsection (h), the Attor- ney General shall prepare and submit annually to the Congress, not later than March 31st of each year, a statement of the financial condi- tion of the ‘‘Immigration User Fee Account’’ in- cluding beginning account balance, revenues, withdrawals and their purpose, ending balance, Page 434 TITLE 8—ALIENS AND NATIONALITY § 1356 2 So in original. Probably should be clause ‘‘(i)’’. projections for the ensuing fiscal year and a full and complete workload analysis showing on a port by port basis the current and projected need for inspectors. The statement shall indi- cate the success rate of the Immigration and Naturalization Service in meeting the forty-five minute inspection standard and shall provide de- tailed statistics regarding the number of pas- sengers inspected within the standard, progress that is being made to expand the utilization of United States citizen by-pass, the number of passengers for whom the standard is not met and the length of their delay, locational break- down of these statistics and the steps being taken to correct any nonconformity. (m) Immigration Examinations Fee Account Notwithstanding any other provisions of law, all adjudication fees as are designated by the Attorney General in regulations shall be depos- ited as offsetting receipts into a separate ac- count entitled ‘‘Immigration Examinations Fee Account’’ in the Treasury of the United States, whether collected directly by the Attorney Gen- eral or through clerks of courts: Provided, how- ever, That all fees received by the Attorney Gen- eral from applicants residing in the Virgin Is- lands of the United States, and in Guam, under this subsection shall be paid over to the treas- ury of the Virgin Islands and to the treasury of Guam: Provided further, That fees for providing adjudication and naturalization services may be set at a level that will ensure recovery of the full costs of providing all such services, includ- ing the costs of similar services provided with- out charge to asylum applicants or other immi- grants. Such fees may also be set at a level that will recover any additional costs associated with the administration of the fees collected. (n) Reimbursement of administrative expenses; transfer of deposits to General Fund of United States Treasury All deposits into the ‘‘Immigration Examina- tions Fee Account’’ shall remain available until expended to the Attorney General to reimburse any appropriation the amount paid out of such appropriation for expenses in providing immi- gration adjudication and naturalization services and the collection, safeguarding and accounting for fees deposited in and funds reimbursed from the ‘‘Immigration Examinations Fee Account’’. (o) Annual financial reports to Congress The Attorney General shall prepare and sub- mit annually to Congress statements of finan- cial condition of the ‘‘Immigration Examina- tions Fee Account’’, including beginning ac- count balance, revenues, withdrawals, and end- ing account balance and projections for the en- suing fiscal year. (p) Additional effective dates The provisions set forth in subsections (m), (n), and (o) of this section apply to adjudication and naturalization services performed and to re- lated fees collected on or after October 1, 1988. (q) Land Border Inspection Fee Account (1)(A)(i) Notwithstanding any other provision of law, the Attorney General is authorized to es- tablish, by regulation, not more than 96 projects under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such projects may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attor- ney General. (ii) This subparagraph shall take effect, with respect to any project described in clause (1) 2 that was not authorized to be commenced before September 30, 1996, 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of such project. (iii) The Attorney General shall prepare and submit on a quarterly basis a status report on each land border inspection project imple- mented under this subparagraph. (B) The Attorney General, in consultation with the Secretary of the Treasury, may con- duct 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. (2) All of the fees collected under this sub- section, including receipts for services per- formed in processing forms I–94, I–94W, and I–68, and other similar applications processed at land border ports of entry, shall be deposited as off- setting receipts in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the Land Border In- spection Fee Account. (3)(A) The Secretary of the Treasury shall re- fund, at least on a quarterly basis amounts to any appropriations for expenses incurred in pro- viding inspection services at land border points of entry. Such expenses shall include— (i) the providing of overtime inspection serv- ices; (ii) the expansion, operation and mainte- nance of information systems for non- immigrant control; (iii) the hire of additional permanent and temporary inspectors; (iv) the minor construction costs associated with the addition of new traffic lanes (with the concurrence of the General Services Ad- ministration); (v) the detection of fraudulent documents used by passengers travelling to the United States; (vi) providing for the administration of said account. (B) The amounts required to be refunded from the Land Border Inspection Fee Account for fis- cal years 1992 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of Public Law 101–162. (4) The Attorney General will prepare and sub- mit annually to the Congress statements of fi- nancial condition of the Land Border Immigra- tion Fee Account, including beginning account Page 435 TITLE 8—ALIENS AND NATIONALITY § 1356 3 So in original. 4 So in original. Probably should be section ‘‘1255(i)(3)(B)’’. 5 So in original. Probably should be section ‘‘1154(a)’’. balance, revenues, withdrawals, and ending ac- count balance and projection for the ensuing fis- cal year. (r) Breached Bond/Detention Fund (1) Notwithstanding any other provision of law, there is established in the general fund of the Treasury a separate account which shall be known as the Breached Bond/Detention Fund (in this subsection referred to as the ‘‘Fund’’). (2) There shall be deposited as offsetting re- ceipts into the Fund all breached cash and sur- ety bonds, in excess of $8,000,000, posted under this chapter which are recovered by the Depart- ment of Justice, and amount 3 described in sec- tion 1255(i)(3)(b) 4 of this title. (3) Such amounts as are deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Sec- retary of the Treasury, at least on a quarterly basis, to the Attorney General for the following purposes— (i) for expenses incurred in the collection of breached bonds, and (ii) for expenses associated with the deten- tion of illegal aliens. (4) The amounts required to be refunded from the Fund for fiscal year 1998 and thereafter shall be refunded in accordance with estimates made in the budget request of the President for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after Congressional re- programming notification in accordance with the reprogramming guidelines for the applicable fiscal year. (5) The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appro- priations, transfers to the general fund, and the ending balance. (6) For fiscal year 1993 only, the Attorney Gen- eral may transfer up to $1,000,000 from the Immi- gration User Fee Account to the Fund for initial expenses necessary to enhance collection efforts: Provided, That any such transfers shall be re- funded from the Fund back to the Immigration User Fee Account by December 31, 1993. (s) H–1B Nonimmigrant Petitioner Account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the ‘‘H–1B Nonimmigrant Peti- tioner Account’’. Notwithstanding any other section of this subchapter, there shall be de- posited as offsetting receipts into the account all fees collected under paragraphs (9) and (11) of section 1184(c) of this title. (2) Use of fees for job training 50 percent of amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for demonstration programs and projects described in section 3224a of title 29. (3) Use of fees for low-income scholarship pro- gram 30 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the Na- tional Science Foundation until expended for scholarships described in section 1869c of title 42 for low-income students enrolled in a pro- gram of study leading to a degree in mathe- matics, engineering, or computer science. (4) National Science Foundation competitive grant program for K–12 math, science and technology education (A) In general 10 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant pro- gram to support private-public partnerships in K–12 education. (B) Types of programs covered The Director shall award grants to such programs, including those which support the development and implementation of stand- ards-based instructional materials models and related student assessments that enable K–12 students to acquire an understanding of science, mathematics, and technology, as well as to develop critical thinking skills; provide systemic improvement in training K–12 teachers and education for students in science, mathematics, and technology; sup- port the professional development of K–12 math and science teachers in the use of tech- nology in the classroom; stimulate system- wide K–12 reform of science, mathematics, and technology in rural, economically dis- advantaged regions of the United States; provide externships and other opportunities for students to increase their appreciation and understanding of science, mathematics, engineering, and technology (including sum- mer institutes sponsored by an institution of higher education for students in grades 7–12 that provide instruction in such fields); in- volve partnerships of industry, educational institutions, and community organizations to address the educational needs of dis- advantaged communities; provide college preparatory support to expose and prepare students for careers in science, mathe- matics, engineering, and technology; and provide for carrying out systemic reform ac- tivities under section 1862(a)(1) of title 42. (5) Use of fees for duties relating to petitions 5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Home- land Security until expended to carry out du- ties under paragraphs (1) and (9) of section 1184(c) of this title related to petitions made for nonimmigrants described in section 1101(a)(15)(H)(i)(b) of this title, under para- graph (1)(C) or (D) of section 1154 5 of this title Page 436 TITLE 8—ALIENS AND NATIONALITY § 1356 related to petitions for immigrants described in section 1153(b) of this title. (6) Use of fees for application processing and enforcement For fiscal year 1999, 4 percent of the amounts deposited into the H–1B Nonimmigrant Peti- tioner Account shall remain available to the Secretary of Labor until expended for decreas- ing the processing time for applications under section 1182(n)(1) of this title and for carrying out section 1182(n)(2) of this title. Beginning with fiscal year 2000, 5 percent of the amounts deposited into the H–1B Nonimmigrant Peti- tioner Account shall remain available to the Secretary of Labor until expended for decreas- ing the processing time for applications under section 1182(n)(1) of this title and section 1182(a)(5)(A) of this title. (t) Genealogy Fee (1) There is hereby established the Genealogy Fee for providing genealogy research and infor- mation services. This fee shall be deposited as offsetting collections into the Examinations Fee Account. Fees for such research and information services may be set at a level that will ensure the recovery of the full costs of providing all such services. (2) The Attorney General will prepare and sub- mit annually to Congress statements of the fi- nancial condition of the Genealogy Fee. (3) Any officer or employee of the Immigration and Naturalization Service shall collect fees prescribed under regulation before dissemi- nating any requested genealogical information. (u) Premium fee for certain immigration benefit types (1) In general The Secretary of Homeland Security is au- thorized to establish and collect a premium fee for the immigration benefit types de- scribed in paragraph (2). Such fee shall be paid in addition to any other fees authorized by law, deposited as offsetting receipts in the Im- migration Examinations Fee Account estab- lished under subsection (m), and used for the purposes described in paragraph (4). (2) Immigration benefit types Subject to reasonable conditions or limita- tions, the Secretary shall establish a premium fee under paragraph (1) in connection with— (A) employment-based nonimmigrant peti- tions and associated applications for depend- ents of the beneficiaries of such petitions; (B) employment-based immigrant peti- tions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 1153(b) of this title; (C) applications to change or extend non- immigrant status; (D) applications for employment author- ization; and (E) any other immigration benefit type that the Secretary deems appropriate for premium processing. (3) Amount of fee (A) In general Subject to subparagraph (C), with respect to an immigration benefit type designated for premium processing by the Secretary on or before August 1, 2020, the premium fee shall be $2,500, except that the premium fee for a petition for classification of a non- immigrant described in subparagraph (H)(ii)(b) or (R) of section 1101(a)(15) of this title shall be $1,500. (B) Other immigration benefit types With respect to an immigration benefit type designated for premium processing but not described in subparagraph (A), the ini- tial premium fee shall be established by reg- ulation, which shall include a detailed meth- odology supporting the proposed premium fee amount. (C) Biennial adjustment The Secretary may adjust a premium fee under subparagraph (A) or (B) on a biennial basis by the percentage (if any) by which the Consumer Price Index for All Urban Con- sumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the second preceding calendar year. The provi- sions of section 553 of title 5 shall not apply to an adjustment authorized under this sub- paragraph. (4) Use of fee Fees collected under this subsection may only be used by U.S. Citizenship and Immigra- tion Services to— (A) provide the services described in para- graph (5) to premium processing requestors; (B) make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors; (C) respond to adjudication demands, in- cluding by reducing the number of pending immigration and naturalization benefit re- quests; and (D) otherwise offset the cost of providing adjudication and naturalization services. (5) Premium processing services The Secretary— (A) may suspend the availability of pre- mium processing for designated immigration benefit requests only if circumstances pre- vent the completion of processing of a sig- nificant number of such requests within the required period; and (B) shall ensure that premium processing requestors have direct and reliable access to current case status information as well as the ability to communicate with the pre- mium processing units at each service cen- ter or office that provides premium proc- essing services. (v) Fraud Prevention and Detection Account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the ‘‘Fraud Prevention and Detec- tion Account’’. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees Page 437 TITLE 8—ALIENS AND NATIONALITY § 1356 6 So in original. Probably should be followed by ‘‘of’’. collected under paragraph (12) or (13) of sec- tion 1184(c) of this title. (2) Use of fees to combat fraud (A) Secretary of State One-third of the amounts deposited into the Fraud Prevention and Detection Ac- count shall remain available to the Sec- retary of State until expended for programs and activities at United States embassies and consulates abroad— (i) to increase the number 6 diplomatic security personnel assigned exclusively or primarily to the function of preventing and detecting fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title; (ii) otherwise to prevent and detect visa fraud, including primarily fraud by appli- cants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title, in cooperation with the Sec- retary of Homeland Security or pursuant to the terms of a memorandum of under- standing or other agreement between the Secretary of State and the Secretary of Homeland Security; and (iii) upon request by the Secretary of Homeland Security, to assist such Sec- retary in carrying out the fraud preven- tion and detection programs and activities described in subparagraph (B). (B) Secretary of Homeland Security One-third of the amounts deposited into the Fraud Prevention and Detection Ac- count shall remain available to the Sec- retary of Homeland Security until expended for programs and activities to prevent and detect immigration benefit fraud, including fraud with respect to petitions filed under paragraph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant status described in subparagraph (H) or (L) of section 1101(a)(15) of this title. (C) Secretary of Labor One-third of the amounts deposited into the Fraud Prevention and Detection Ac- count shall remain available to the Sec- retary of Labor until expended for wage and hour enforcement programs and activities otherwise authorized to be conducted by the Secretary of Labor that focus on industries likely to employ nonimmigrants, including enforcement programs and activities de- scribed in section 1182(n) of this title and en- forcement programs and activities related to section 1184(c)(14)(A)(i) of this title. (D) Consultation The Secretary of State, the Secretary of Homeland Security, and the Secretary of Labor shall consult one another with respect to the use of the funds in the Fraud Preven- tion and Detection Account or for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant status de- scribed in section 1101(a)(15)(H)(ii) of this title. (June 27, 1952, ch. 477, title II, ch. 9, § 286, 66 Stat. 232; Pub. L. 97–116, § 13, Dec. 29, 1981, 95 Stat. 1618; Pub. L. 99–500, § 101(b) [title II, § 205(a), for- merly § 205], Oct. 18, 1986, 100 Stat. 1783–39, 1783–53, renumbered § 205(a), Pub. L. 100–525, § 4(a)(2)(A), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 99–591, § 101(b) [title II, § 205], Oct. 30, 1986, 100 Stat. 3341–39, 3341–53; Pub. L. 99–653, § 7(d)(1), Nov. 14, 1986, as added Pub. L. 100–525, § 8(f), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 100–71, title I, § 1, July 11, 1987, 101 Stat. 394; Pub. L. 100–459, title II, § 209(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L. 100–525, § 4(a)(1), (d), Oct. 24, 1988, 102 Stat. 2614, 2615; Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 1000; Pub. L. 101–515, title II, § 210(a), (d), Nov. 5, 1990, 104 Stat. 2120, 2121; Pub. L. 102–232, title III, § 309(a)(1)(A)(i), (B), (2), (b)(12), Dec. 12, 1991, 105 Stat. 1757–1759; Pub. L. 102–395, title I, § 112, Oct. 6, 1992, 106 Stat. 1843; Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1161; Pub. L. 103–416, title II, § 219(t), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title I, §§ 122(a), 124(a)(1), title III, §§ 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1), 376(b), 382(b), title VI, § 671(b)(11), (e)(5), (6), Sept. 30, 1996, 110 Stat. 3009–560, 3009–562, 3009–617 to 3009–619, 3009–622, 3009–648, 3009–651, 3009–722, 3009–723; Pub. L. 105–119, title I, § 110(1), (2), Nov. 26, 1997, 111 Stat. 2457; Pub. L. 105–277, div. A, § 101(b) [title I, § 114], div. C, title IV, § 414(b), Oct. 21, 1998, 112 Stat. 2681–50, 2681–68, 2681–652; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 118], Nov. 29, 1999, 113 Stat. 1535, 1501A–22; Pub. L. 106–313, title I, §§ 110(a), 113, Oct. 17, 2000, 114 Stat. 1255, 1261; Pub. L. 106–553, § 1(a)(2) [title I, § 112], Dec. 21, 2000, 114 Stat. 2762, 2762A–68; Pub. L. 106–554, § 1(a)(1) [title I, § 106], Dec. 21, 2000, 114 Stat. 2763, 2763A–11; Pub. L. 107–77, title I, §§ 109, 110, Nov. 28, 2001, 115 Stat. 765; Pub. L. 107–173, title IV, § 403(a), May 14, 2002, 116 Stat. 559; Pub. L. 107–206, title I, § 202, Aug. 2, 2002, 116 Stat. 832; Pub. L. 107–273, div. C, title I, § 11016(2), Nov. 2, 2002, 116 Stat. 1824; Pub. L. 107–296, title IV, § 457, Nov. 25, 2002, 116 Stat. 2201; Pub. L. 108–7, div. B, title I, § 108, div. L, § 107, Feb. 20, 2003, 117 Stat. 67, 532; Pub. L. 108–77, title IV, § 402(d)(2), Sept. 3, 2003, 117 Stat. 946; Pub. L. 108–447, div. J, title IV, §§ 426(b), 427, Dec. 8, 2004, 118 Stat. 3357, 3358; Pub. L. 109–13, div. A, title VI, § 6046, div. B, title IV, § 403(b), May 11, 2005, 119 Stat. 295, 319; Pub. L. 109–472, § 2, Jan. 11, 2007, 120 Stat. 3554; Pub. L. 111–117, div. D, title V, § 524(a), Dec. 16, 2009, 123 Stat. 3283; Pub. L. 114–125, title VIII, § 818(a), Feb. 24, 2016, 130 Stat. 222; Pub. L. 115–254, div. B, title V, § 573, Oct. 5, 2018, 132 Stat. 3389; Pub. L. 116–159, div. D, title I, § 4102(a), Oct. 1, 2020, 134 Stat. 738; Pub. L. 117–286, § 4(a)(44), Dec. 27, 2022, 136 Stat. 4310.) AMENDMENT OF SECTION For termination of amendment by section 107(c) of Pub. L. 108–77, see Effective and Ter- mination Dates of 2003 Amendment note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (h)(1)(B), and (r)(2), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration Page 438 TITLE 8—ALIENS AND NATIONALITY § 1356 and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Subchapter C of chapter 33 of title 26, referred to in subsec. (f)(3), is classified to section 4261 et seq. of Title 26, Internal Revenue Code. Section 606 of Public Law 101–162, referred to in sub- sec. (q)(3)(B), is section 606 of Pub. L. 101–162, title VI, Nov. 21, 1989, 103 Stat. 1031, which is not classified to the Code. AMENDMENTS 2022—Subsec. (k). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advisory Committee Act,’’. 2020—Subsec. (u). Pub. L. 116–159 amended subsec. (u) generally. Prior to amendment, text read as follows: ‘‘The Attorney General is authorized to establish and collect a premium fee for employment-based petitions and applications. This fee shall be used to provide cer- tain premium-processing services to business cus- tomers, and to make infrastructure improvements in the adjudications and customer-service processes. For approval of the benefit applied for, the petitioner/appli- cant must meet the legal criteria for such benefit. This fee shall be set at $1,000, shall be paid in addition to any normal petition/application fee that may be appli- cable, and shall be deposited as offsetting collections in the Immigration Examinations Fee Account. The At- torney General may adjust this fee according to the Consumer Price Index.’’ 2018—Subsec. (i). Pub. L. 115–254 inserted ‘‘, train,’’ after ‘‘commercial aircraft’’ and ‘‘, rail line,’’ after ‘‘airport’’. 2016—Subsec. (i). Pub. L. 114–125 substituted ‘‘Reim- bursements under this subsection may be collected in advance of the provision of such immigration inspec- tion services. Notwithstanding subsection (h)(1)(B), and only to the extent provided in appropriations Acts, any amounts collected under this subsection shall be cred- ited as offsetting collections to the currently applica- ble appropriation, account, or fund of U.S. Customs and Border Protection, remain available until expended, and be available for the purposes for which such appro- priation, account, or fund is authorized to be used.’’ for ‘‘The Attorney General’s authority to receive such re- imbursement shall terminate immediately upon the provision for such services by appropriation.’’ 2009—Subsec. (v)(2)(B), (C). Pub. L. 111–117, which di- rected substitution of subpars. (B) and (C) for ‘‘subpara- graphs (B) and (C) that appear within section 426(b) of division J of’’ Pub. L. 108–447, was executed by adding subpars. (B) and (C) to subsec. (v)(2) and striking out former subpars. (B) and (C), to reflect the probable in- tent of Congress. See 2004 Amendment note below. Prior to amendment, subpars. (B) and (C) read as fol- lows: ‘‘(B) SECRETARY OF HOMELAND SECURITY.—One-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Sec- retary of Homeland Security until expended for pro- grams and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of sec- tion 1184(c) of this title to grant an alien nonimmigrant status described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title. ‘‘(C) SECRETARY OF LABOR.—One-third of the amounts deposited into the Fraud Prevention and Detection Ac- count shall remain available to the Secretary of Labor until expended for enforcement programs and activities described in section 1182(n) of this title.’’ 2007—Subsec. (v)(2)(A)(i). Pub. L. 109–472, § 2(1), in- serted ‘‘or primarily’’ after ‘‘exclusively’’. Subsec. (v)(2)(A)(ii). Pub. L. 109–472, § 2(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as fol- lows: ‘‘otherwise to prevent and detect such fraud pur- suant to the terms of a memorandum of understanding or other cooperative agreement between the Secretary of State and the Secretary of Homeland Security; and’’. 2005—Subsec. (s)(6). Pub. L. 109–13, § 6046, inserted ‘‘and section 1182(a)(5)(A) of this title’’ before period at end. Subsec. (v). Pub. L. 109–13, § 403(b)(2), struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ in heading. Subsec. (v)(1). Pub. L. 109–13, § 403(b)(1)(A), (B), struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ and sub- stituted ‘‘paragraph (12) or (13) of section 1184(c) of this title’’ for ‘‘section 1184(c)(12) of this title’’. Subsec. (v)(2)(A). Pub. L. 109–13, § 403(b)(1)(A), struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ in intro- ductory provisions. Subsec. (v)(2)(A)(i). Pub. L. 109–13, § 403(b)(1)(C), sub- stituted ‘‘(H)(i), (H)(ii),’’ for ‘‘(H)(i)’’. Subsec. (v)(2)(B). Pub. L. 109–13, § 403(b)(1)(A), (C), struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ and substituted ‘‘(H)(i), (H)(ii),’’ for ‘‘(H)(i)’’. Subsec. (v)(2)(C). Pub. L. 109–13, § 403(b)(1)(A), struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’. Subsec. (v)(2)(D). Pub. L. 109–13, § 403(b)(1)(A), (D), struck out ‘‘H–1B and L’’ before ‘‘Fraud Prevention’’ and inserted ‘‘or for programs and activities to prevent and detect fraud with respect to petitions under para- graph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant status described in section 1101(a)(15)(H)(ii) of this title’’ before period at end. 2004—Subsec. (s)(2). Pub. L. 108–447, § 427(1), sub- stituted ‘‘50 percent’’ for ‘‘55 percent’’. Subsec. (s)(3). Pub. L. 108–447, § 427(2), substituted ‘‘30 percent’’ for ‘‘22 percent’’. Subsec. (s)(4)(A). Pub. L. 108–447, § 427(3), substituted ‘‘10 percent’’ for ‘‘15 percent’’. Subsec. (s)(5). Pub. L. 108–447, § 427(4), substituted ‘‘5 percent’’ for ‘‘4 percent’’ and ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’. Subsec. (s)(6). Pub. L. 108–447, § 427(5), substituted ‘‘Beginning with fiscal year 2000, 5 percent of the amounts deposited into the H–1B Nonimmigrant Peti- tioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 1182(n)(1) of this title’’ for ‘‘Beginning with fiscal year 2000, 2 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Sec- retary of Labor until expended for decreasing the proc- essing time for applications under section 1182(n)(1) of this title and section 1182(a)(5)(A) of this title, and 2 percent of such amounts shall remain available to such Secretary until expended for carrying out section 1182(n)(2) of this title. Notwithstanding the preceding sentence, both of the amounts made available for any fiscal year (beginning with fiscal year 2000) pursuant to the preceding sentence shall be available to such Sec- retary, and shall remain available until expended, only for decreasing the processing time for applications under section 1182(n)(1) of this title until the Secretary submits to the Congress a report containing a certifi- cation that, during the most recently concluded cal- endar year, the Secretary substantially complied with the requirement in section 1182(n)(1) of this title relat- ing to the provision of the certification described in section 1101(a)(15)(H)(i)(b) of this title within a 7-day period’’. Subsec. (v). Pub. L. 108–447, § 426(b), added subsec. (v). 2003—Subsec. (e)(3). Pub. L. 108–7, § 108, added par. (3) and struck out former par. (3) which read as follows: ‘‘The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-in- spection of each commercial vessel passenger whose journey originated in the United States or in any place set forth in paragraph (1): Provided, That this require- ment shall not apply to immigration inspection at des- ignated ports of entry of passengers arriving by the fol- lowing vessels, when operating on a regular schedule: Great Lakes international ferries, or Great Lakes Ves- sels on the Great Lakes and connecting waterways.’’ Subsec. (m). Pub. L. 108–7, § 107, repealed Pub. L. 107–296, § 457. See 2002 Amendment note below. Subsec. (s)(1). Pub. L. 108–77, §§ 107(c), 402(d)(2), tempo- rarily substituted ‘‘paragraphs (9) and (11) of section Page 439 TITLE 8—ALIENS AND NATIONALITY § 1356 1184(c) of this title’’ for ‘‘section 1184(c)(9) of this title’’. See Effective and Termination Dates of 2003 Amend- ment note below. 2002—Subsec. (e)(3). Pub. L. 107–206 substituted ‘‘shall’’ for ‘‘is authorized to’’ and ‘‘requirement’’ for ‘‘authorization’’. Subsec. (g). Pub. L. 107–173 struck out ‘‘, within forty-five minutes of their presentation for inspec- tion,’’ after ‘‘adequately provided’’ in introductory pro- visions. Subsec. (m). Pub. L. 107–296, § 457, which directed the substitution of ‘‘such services.’’ for ‘‘such services, in- cluding the costs of similar services provided without charge to asylum applicants or other immigrants.’’, was repealed by Pub. L. 108–7, § 107. Subsec. (q)(2). Pub. L. 107–273 inserted ‘‘, including re- ceipts for services performed in processing forms I–94, I–94W, and I–68, and other similar applications proc- essed at land border ports of entry,’’ after ‘‘sub- section’’. 2001—Subsec. (d). Pub. L. 107–77, § 109(1), substituted ‘‘$7’’ for ‘‘$6’’. Subsec. (e)(1). Pub. L. 107–77, § 109(2), substituted ‘‘Ex- cept as provided in paragraph (3), no’’ for ‘‘No’’. Subsec. (e)(3). Pub. L. 107–77, § 109(3), added par. (3). Subsec. (q)(1)(A)(i). Pub. L. 107–77, § 110, which di- rected the substitution of ‘‘96’’ for ‘‘6’’ in section 286(q)(1)(A) of the Immigration and Nationality Act of 1953, was executed by making the substitution in sec- tion 286(q)(1)(A) of the Immigration and Nationality Act to reflect the probable intent of Congress. 2000—Subsec. (s)(2). Pub. L. 106–313, § 110(a)(1), sub- stituted ‘‘55 percent’’ for ‘‘56.3 percent’’. Subsec. (s)(3). Pub. L. 106–313, § 113(b), provided that in the amendment made by section 110(a)(2) of Pub. L. 106–313 the figure to be inserted is deemed to be ‘‘22 per- cent’’. See below. Pub. L. 106–313, § 110(a)(2), substituted ‘‘23.5 percent’’ for ‘‘28.2 percent’’. See above. Subsec. (s)(4). Pub. L. 106–313, § 110(a)(3), amended heading and text of par. (4) generally. Prior to amend- ment, text read as follows: ‘‘(A) GRANTS FOR MATHEMATICS, ENGINEERING, OR SCIENCE ENRICHMENT COURSES.—4 percent of the amounts deposited into the H–1B Nonimmigrant Peti- tioner Account shall remain available to the Director of the National Science Foundation until expended to make merit-reviewed grants, under section 1862(a)(1) of title 42, for programs that provide opportunities for en- rollment in year-round academic enrichment courses in mathematics, engineering, or science. ‘‘(B) SYSTEMIC REFORM ACTIVITIES.—4 percent of the amounts deposited into the H–1B Nonimmigrant Peti- tioner Account shall remain available to the Director of the National Science Foundation until expended to carry out systemic reform activities administered by the National Science Foundation under section 1862(a)(1) of title 42.’’ Subsec. (s)(5). Pub. L. 106–313, § 113(a), amended text of par. (5) generally. Prior to amendment, text read as fol- lows: ‘‘1.5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragraphs (1) and (9) of section 1184(c) of this title related to petitions made for non- immigrants described in section 1101(a)(15)(H)(i)(b) of this title, to decrease the processing time for such peti- tions, and to carry out duties under section 416 of the American Competitiveness and Workforce Improve- ment Act of 1998. Such amounts shall be available in addition to any other fees authorized to be collected by the Attorney General with respect to such petitions.’’ Subsec. (s)(6). Pub. L. 106–554, which directed amend- ment of section 286(s)(6) of the Immigration and Natu- ralization Act by inserting ‘‘and section 1182(a)(5)(A) of this title’’ after ‘‘decreasing the processing time for ap- plications under section 1182(n)(1) of this title’’, was ex- ecuted by making the amendment to subsec. (s)(6) of this section, which is section 286 of the Immigration and Nationality Act, to reflect the probable intent of Congress. Pub. L. 106–313, § 113(b), provided that in the amend- ments made by section 110(a)(4) and (5) of Pub. L. 106–313 the figures to be inserted are deemed to be ‘‘4 percent’’ and ‘‘2 percent’’, respectively. See below. Pub. L. 106–313, § 110(a)(4), substituted ‘‘5 percent’’ for ‘‘6 percent’’. See above. Pub. L. 106–313, § 110(a)(5), substituted ‘‘2.5 percent’’ for ‘‘3 percent’’ in two places. See above. Subsecs. (t), (u). Pub. L. 106–553 added subsecs. (t) and (u). 1999—Subsec. (q)(1)(A)(ii) to (iv). Pub. L. 106–113, which directed amendment of section 286(q)(1)(A) of the Immigration and Nationality Act of 1953 by striking out cl. (ii), redesignating cl. (iii) as (ii), striking out ‘‘, until September 30, 2000,’’ after ‘‘submit on a quar- terly basis’’ in cl. (iv), and redesignating cl. (iv) as (iii), was executed by making the amendment to this sec- tion, which is section 286 of the Immigration and Na- tionality Act, to reflect the probable intent of Con- gress. Prior to amendment, cl. (ii) read as follows: ‘‘The program authorized in this subparagraph shall termi- nate on September 30, 2000, unless further authorized by an Act of Congress.’’ 1998—Subsec. (e)(1)(C). Pub. L. 105–277, § 101(b) [title I, § 114], inserted ‘‘State,’’ before ‘‘territory’’. Subsec. (s). Pub. L. 105–277, § 414(b), added subsec. (s). 1997—Subsec. (r)(2). Pub. L. 105–119, § 110(2)(A), in- serted ‘‘, and amount described in section 1255(i)(3)(b) of this title’’ after ‘‘recovered by the Department of Justice’’. Subsec. (r)(3). Pub. L. 105–119, § 110(2)(B), substituted ‘‘Attorney General’’ for ‘‘Immigration and Naturaliza- tion Service’’ in introductory provisions. Subsec. (r)(4). Pub. L. 105–119, § 110(2)(C), added par. (4) and struck out former par. (4) which read as follows: ‘‘The amount required to be refunded from the Fund for fiscal year 1994 and thereafter shall be refunded in ac- cordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notifi- cation to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of Public Law 102–395.’’ Subsec. (s). Pub. L. 105–119, § 110(1), struck out head- ing and text of subsec. (s) which established Immigra- tion Detention Account in general fund of the Treasury to be drawn upon to refund to any appropriation amounts paid out for expenses incurred by Attorney General for detention of aliens. 1996—Subsec. (a). Pub. L. 104–208, § 308(g)(1), sub- stituted ‘‘section 1223(b)’’ for ‘‘section 1228(b)’’. Subsec. (h)(1)(A). Pub. L. 104–208, § 671(e)(5), inserted period after ‘‘expended’’. Subsec. (h)(1)(B). Pub. L. 104–208, § 382(b), substituted ‘‘1253(c), 1321,’’ for ‘‘1321’’. Subsec. (h)(2)(A). Pub. L. 104–208, § 124(a)(1)(B), in- serted concluding provisions ‘‘The Attorney General shall provide for expenditures for training and assist- ance described in clause (iv) in an amount, for any fis- cal year, not less than 5 percent of the total of the ex- penses incurred that are described in the previous sen- tence.’’ Subsec. (h)(2)(A)(iv). Pub. L. 104–208, § 671(e)(6)(A), struck out ‘‘and’’ at end. Pub. L. 104–208, § 124(a)(1)(A), inserted ‘‘, including training of, and technical assistance to, commercial airline personnel regarding such detection’’ after ‘‘United States’’. Subsec. (h)(2)(A)(v). Pub. L. 104–208, § 671(e)(6)(B)–(E), struck out colon after ‘‘services for’’, substituted ‘‘and for any alien’’ for ‘‘; and any alien’’, adjusted margins, and substituted ‘‘entry; and’’ for ‘‘entry.’’ at end. Pub. L. 104–208, § 308(e)(1)(L), substituted ‘‘removal’’ for ‘‘deportation’’. Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmis- sible’’ for ‘‘excludable’’ in two places. Subsec. (h)(2)(A)(vi). Pub. L. 104–208, § 671(e)(6)(B)–(D), struck out colon after ‘‘ports-of-entry for’’, substituted ‘‘and for any alien’’ for ‘‘; and any alien’’, and adjusted margins. Page 440 TITLE 8—ALIENS AND NATIONALITY § 1356 Pub. L. 104–208, § 308(d)(4)(K), substituted ‘‘removal’’ for ‘‘exclusion’’ in two places. Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmis- sible’’ for ‘‘excludable’’ in two places. Subsec. (q)(1). Pub. L. 104–208, § 122(a)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, a project under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such project may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney Gen- eral.’’ Subsec. (q)(5). Pub. L. 104–208, § 122(a)(2), struck out par. (5) which read as follows: ‘‘(5)(A) The program authorized in this subsection shall terminate on September 30, 1993, unless further authorized by an Act of Congress. ‘‘(B) The provisions set forth in this subsection shall take effect 30 days after submission of a written plan by the Attorney General detailing the proposed imple- mentation of the project specified in paragraph (1). ‘‘(C) If implemented, the Attorney General shall pre- pare and submit on a quarterly basis, until September 30, 1993, a status report on the land border inspection project.’’ Subsec. (r)(4), (6). Pub. L. 104–208, § 671(b)(11), sub- stituted ‘‘the Fund’’ for ‘‘Fund’’ wherever appearing. Subsec. (s). Pub. L. 104–208, § 376(b), added subsec. (s). 1994—Subsec. (r). Pub. L. 103–416, § 219(t)(1), sub- stituted ‘‘Fund’’ for ‘‘Account’’ in heading. Subsec. (r)(1). Pub. L. 103–416, § 219(t)(2), substituted ‘‘(in this subsection referred to as the ‘Fund’)’’ for ‘‘(hereafter referred to as the Fund)’’. Subsec. (r)(2). Pub. L. 103–416, § 219(t)(3), made tech- nical amendment to reference to this chapter involving corresponding provision of original act. Subsec. (r)(4). Pub. L. 103–416, § 219(t)(4), struck out ‘‘the Breached Bond/Detention’’ before ‘‘Fund’’. Pub. L. 103–416, § 219(t)(5), substituted ‘‘of Public Law 102–395’’ for ‘‘of this Act’’. Subsec. (r)(5). Pub. L. 103–416, § 219(t)(6), substituted ‘‘Fund’’ for ‘‘account’’ after ‘‘condition of the’’. Subsec. (r)(6). Pub. L. 103–416, § 219(t)(4), struck out ‘‘the Breached Bond/Detention’’ before ‘‘Fund’’ in two places. 1993—Subsec. (d). Pub. L. 103–121 substituted ‘‘$6’’ for ‘‘$5’’. Subsec. (h)(2)(A)(v), (vi). Pub. L. 103–121, which di- rected the amendment of subpar. (A) by ‘‘deleting sub- section (v)’’ and adding new cls. (v) and (vi), was exe- cuted by adding cls. (v) and (vi) and striking out former cl. (v) which read as follows: ‘‘providing detention and deportation services for excludable aliens arriving on commercial aircraft and vessels.’’, to reflect the prob- able intent of Congress. 1992—Subsec. (r). Pub. L. 102–395 added subsec. (r). 1991—Subsec. (e)(1)(D). Pub. L. 102–232, § 309(b)(12), made an amendment to reference to section 1101(b)(5) of this title involving corresponding provision of original act. Subsec. (f)(3). Pub. L. 102–232, § 309(a)(2)(B), made technical correction to directory language of Pub. L. 101–515, § 210(a)(2). See 1990 Amendment note below. Subsec. (h)(1)(A). Pub. L. 102–232, § 309(a)(2)(A)(i), in- serted a period after ‘‘available until expended’’. Subsec. (m). Pub. L. 102–232, § 309(a)(2)(A)(ii), sub- stituted ‘‘additional’’ for ‘‘additonal’’. Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical cor- rection to directory language of Pub. L. 100–459. See 1988 Amendment note below. Subsec. (n). Pub. L. 102–232, § 309(a)(1)(B), amended di- rectory language of Pub. L. 101–162. See 1989 Amend- ment note below. Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical cor- rection to directory language of Pub. L. 100–459. See 1988 Amendment note below. Subsec. (o). Pub. L. 102–232, § 309(a)(1)(A)(i)(II), sub- stituted ‘‘shall’’ for ‘‘will’’. Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical cor- rection to directory language of Pub. L. 100–459. See 1988 Amendment note below. Subsec. (p). Pub. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below. Subsec. (q)(2). Pub. L. 102–232, § 309(a)(2)(A)(iii), re- aligned margin. Subsec. (q)(3)(A). Pub. L. 102–232, § 309(a)(2)(A)(iii), (iv), inserted ‘‘the’’ after ‘‘The Secretary of’’ and re- aligned margin. Subsec. (q)(5)(B). Pub. L. 102–232, § 309(a)(2)(A)(v), sub- stituted ‘‘paragraph (1)’’ for ‘‘subsection (q)(1)’’. 1990—Subsec. (e)(1). Pub. L. 101–515, § 210(a)(1), in- serted ‘‘, other than aircraft passengers,’’ after ‘‘ar- rival of any passenger’’. Subsec. (f)(3). Pub. L. 101–515, § 210(a)(2), as amended by Pub. L. 102–232, § 309(a)(2)(B), inserted ‘‘, except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the pre- ceding quarter that were not remitted with the pre- vious payment’’ after ‘‘in which the fees are collected’’. Subsec. (g). Pub. L. 101–515, § 210(a)(3), inserted ‘‘, within forty-five minutes of their presentation for inspection,’’ before ‘‘when needed and’’. Subsec. (h)(1)(A). Pub. L. 101–515, § 210(a)(4), sub- stituted ‘‘There is established in the general fund of the Treasury a separate account which shall be known as the ‘Immigration User Fee Account’. Notwithstanding any other section of this subchapter, there shall be de- posited as offsetting receipts into the Immigration User Fee Account all fees collected under subsection (d) of this section, to remain available until expended’’ for ‘‘All of the fees collected under subsection (d) of this section shall be deposited in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the ‘Immigration User Fee Account’.’’ Subsec. (l). Pub. L. 101–515, § 210(a)(5), added subsec. (l). Subsec. (m). Pub. L. 101–515, § 210(d)(1), (2), inserted ‘‘as offsetting receipts’’ after ‘‘shall be deposited’’ and inserted before period at end ‘‘: Provided further, That fees for providing adjudication and naturalization serv- ices may be set at a level that will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants. Such fees may also be set at a level that will recover any additonal [sic] costs associated with the administration of the fees collected’’. Subsec. (q). Pub. L. 101–515, § 210(d)(3), added subsec. (q). 1989—Subsec. (n). Pub. L. 101–162, as amended by Pub. L. 102–232, § 309(a)(1)(B), struck out ‘‘in excess of $50,000,000’’ before ‘‘shall remain available’’ and struck out after first sentence ‘‘At least annually, deposits in the amount of $50,000,000 shall be transferred from the ‘Immigration Examinations Fee Account’ to the Gen- eral Fund of the Treasury of the United States.’’ 1988—Subsec. (a). Pub. L. 100–525, § 8(f), added Pub. L. 99–653, § 7(d)(1). See 1986 Amendment note below. Subsecs. (d) to (l). Pub. L. 100–525, § 4(a)(2)(A), (d), amended Pub. L. 99–500 and Pub. L. 99–591. See 1986 Amendment note below. Subsec. (f)(3). Pub. L. 100–525, § 4(a)(1)(A), substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Subsec. (g). Pub. L. 100–525, § 4(a)(1)(B), substituted ‘‘section 1353b of this title’’ for ‘‘section 1353(a) of this title’’. Subsec. (h)(1)(A). Pub. L. 100–525, § 4(a)(1)(C)(i), amended that portion of the first sentence of subpar. (A) following ‘‘Treasury of the United States’’ so as to read ‘‘, to remain available until expended’’. See 1987 Amendment note below. Page 441 TITLE 8—ALIENS AND NATIONALITY § 1356 Pub. L. 100–525, § 4(a)(1)(C)(ii), substituted ‘‘Fee Ac- count’.’’ for ‘‘Fee Account.’ ’’ Subsec. (h)(1)(B). Pub. L. 100–525, § 4(a)(1)(C)(iii)–(v), substituted ‘‘civil fines or penalties’’ for ‘‘fines, pen- alties, liquidated damages or expenses’’, inserted ‘‘and all liquidated damages and expenses collected pursuant to this chapter’’ after ‘‘this title’’, and struck out quotation marks before and after the term ‘‘Immigra- tion User Fee Account’’. Subsec. (h)(2)(A). Pub. L. 100–525, § 4(a)(1)(C)(vi), sub- stituted ‘‘vessels and in—’’ for ‘‘vessels and:’’ in intro- ductory provisions and inserted ‘‘and’’ at end of cl. (iv). Subsec. (i). Pub. L. 100–525, § 4(a)(1)(D), inserted ‘‘Re- imbursement’’ as heading. Subsec. (l). Pub. L. 100–525, § 4(a)(1)(E), struck out sub- sec. (l) which read as follows: ‘‘(1) The provisions of this section and the amend- ments made by this section, shall apply with respect to immigration inspection services rendered after Novem- ber 30, 1986. ‘‘(2) Fees may be charged under subsection (d) of this section only with respect to immigration inspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1986.’’ Subsecs. (m) to (p). Pub. L. 100–459, as amended by Pub. L. 102–232, § 309(a)(1)(A)(i)(I), added subsecs. (m) to (p). 1987—Subsec. (h)(1)(A). Pub. L. 100–71, directed the general amendment of first sentence of section 205(h)(1)(A) of the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Ap- propriations Act, 1987, in Pub. L. 99–500 and Pub. L. 99–591. Section 205 of such act does not contain a sub- sec. (h)(1)(A) but did enact subsec. (h)(1)(A) of this sec- tion and had such amendment been executed to first sentence of subsec. (h)(1)(A) of this section it would have resulted in inserting ‘‘, to remain available until expended’’ after ‘‘Treasury of the United States’’. See 1988 Amendment note above. 1986—Subsec. (a). Pub. L. 99–653, § 7(d)(1), as added by Pub. L. 100–525, § 8(f), substituted ‘‘section 1228(b) of this title’’ for ‘‘section 1228(c) of this title’’. Subsecs. (d) to (l). Pub. L. 99–500, § 101(b) [title II, § 205(a), formerly § 205], as redesignated by Pub. L. 100–525, § 4(a)(2)(A), added subsecs. (d) to (l). Pub. L. 99–591, § 101(b) [title II, § 205], a corrected version of Pub. L. 99–500, § 101(b) [title II, § 205(a)], was repealed by Pub. L. 100–525, § 4(d), effective as of Oct. 30, 1986. 1981—Subsecs. (b), (c). Pub. L. 97–116 added subsec. (b), redesignated former subsec. (b) as (c), and inserted ‘‘and subsection (b)’’ after ‘‘subsection (a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–117, div. D, title V, § 524(b), Dec. 16, 2009, 123 Stat. 3284, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 16, 2009].’’ EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENT Amendment by section 403(b) of Pub. L. 109–13 effec- tive 14 days after May 11, 2005, and applicable to filings for a fiscal year after fiscal year 2005, see section 403(c) of Pub. L. 109–13, set out as a note under section 1184 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 426(b) of Pub. L. 108–447 effec- tive Dec. 8, 2004, and the fees imposed under such amendment applicable to petitions under section 1184(c) of this title, and applications for nonimmigrant visas under section 1202 of this title, filed on or after the date that is 90 days after Dec. 8, 2004, see section 426(c) of Pub. L. 108–447, set out as a note under section 1184 of this title. EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENT Amendment by Pub. L. 108–77 effective on the date the United States-Chile Free Trade Agreement enters into force (Jan. 1, 2004), and ceases to be effective on the date the Agreement ceases to be in force, see sec- tion 107 of Pub. L. 108–77, set out in a note under sec- tion 3805 of Title 19, Customs Duties. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title I, § 124(a)(2), Sept. 30, 1996, 110 Stat. 3009–562, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply to expenses incurred during or after fiscal year 1997.’’ Amendment by section 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1) of Pub. L. 104–208 effective, with certain transi- tional provisions, on the first day of the first month be- ginning more than 180 days after Sept. 30, 1996, see sec- tion 309 of Pub. L. 104–208, set out as a note under sec- tion 1101 of this title. Amendment by section 376(b) of Pub. L. 104–208 appli- cable to applications made on or after the end of the 90- day period beginning Sept. 30, 1996, see section 376(c) of Pub. L. 104–208, set out as a note under section 1255 of this title. Amendment by section 382(b) of Pub. L. 104–208 appli- cable to fines and penalties collected on or after Sept. 30, 1996, see section 382(c) of Pub. L. 104–208, set out as a note under section 1330 of this title. Amendment by section 671(b)(11) of Pub. L. 104–208 ef- fective as if included in the enactment of the Immigra- tion and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 219(t), Oct. 25, 1994, 108 Stat. 4317, provided that the amendment made by that sec- tion is effective as if included in the enactment of Pub. L. 102–395. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–232, title III, § 309(a)(3), Dec. 12, 1991, 105 Stat. 1758, as amended by Pub. L. 103–416, title II, § 219(z)(6), Oct. 25, 1994, 108 Stat. 4318, provided that: ‘‘The amendments made by paragraphs (1)(A) [amend- ing this section and section 1455 of this title] and (1)(B) [amending this section] shall be effective as if they were included in the enactment of the Department of Justice Appropriations Act, 1989 [Pub. L. 100–459, title II] and the Department of Justice Appropriations Act, 1990 [Pub. L. 101–162, title II], respectively.’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–515, title II, § 210(b), Nov. 5, 1990, 104 Stat. 2120, provided that: ‘‘The amendment made by sub- section (a)(1) of this section [amending this section] shall apply to fees charged only with respect to immi- gration inspection or preinspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1990.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 4(a)(1), (2)(A) of Pub. L. 100–525 effective as if included in enactment of Depart- ment of Justice Appropriation Act, 1987 (as contained in section 101(b) of Pub. L. 99–500), see section 4(c) of Pub. L. 100–525, set out as a note under section 1222 of this title. Amendment by section 8(f) of Pub. L. 100–525 effective as if included in the enactment of the Immigration and Page 442 TITLE 8—ALIENS AND NATIONALITY § 1356 Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effec- tive and Termination Dates of 1988 Amendments note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by section 7(d)(1) of Pub. L. 99–653 appli- cable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99–653, set out as a note under section 1101 of this title. Pub. L. 99–500, § 101(b) [title II, § 205(b)], as added by Pub. L. 100–525, § 4(a)(2)(B), Oct. 24, 1988, 102 Stat. 2615, provided that: ‘‘(1) The amendments made by subsection (a) [amend- ing this section] shall apply with respect to immigra- tion inspection services rendered after November 30, 1986. ‘‘(2) Fees may be charged under section 286(d) of the Immigration and Nationality Act [8 U.S.C. 1356(d)] only with respect to immigration inspection services ren- dered in regard to arriving passengers using transpor- tation for which documents or tickets were issued after November 30, 1986.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. EXPANSION TO NEW BENEFIT REQUESTS Pub. L. 116–159, div. D, title I, § 4102(b), Oct. 1, 2020, 134 Stat. 740, provided that: ‘‘(1) IN GENERAL.—Notwithstanding the requirement to set a fee by regulation under section 286(u)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1356(u)(3)(B)), as amended by subsection (a), the Sec- retary of Homeland Security may set a fee under that section without regard to the provisions of section 553 of title 5, United States Code, if such fee is consistent with the following: ‘‘(A) For a petition for classification under section 203(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(1)(C)), or a petition for classification under section 203(b)(2) involving a waiver under sec- tion 203(b)(2)(B) of such Act, the fee is set at an amount not greater than $2,500 and the required proc- essing timeframe is not greater than 45 days. ‘‘(B) For an application under section 248 of the Im- migration and Nationality Act (8 U.S.C. 1258) to change status to a classification described in sub- paragraph (F), (J), or (M) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days. ‘‘(C) For an application under section 248 of the Im- migration and Nationality Act (8 U.S.C. 1258) to change status to be classified as a dependent of a non- immigrant described in subparagraph (E), (H), (L), (O), (P), or (R) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), or to extend such classification, the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days. ‘‘(D) For an application for employment authoriza- tion, the fee is set at an amount not greater than $1,500 and the required processing timeframe is not greater than 30 days. ‘‘(2) CLARIFICATION.—The required processing time- frame for each of the applications and petitions de- scribed in paragraph (1) shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security.’’ OTHER BENEFIT REQUESTS Pub. L. 116–159, div. D, title I, § 4102(c), Oct. 1, 2020, 134 Stat. 740, provided that: ‘‘In implementing the amend- ments made by subsection (a) [amending this section], the Secretary of Homeland Security shall develop and implement processes to ensure that the availability of premium processing, or its expansion to additional im- migration benefit requests, does not result in an in- crease in processing times for immigration benefit re- quests not designated for premium processing or an in- crease in regular processing of immigration benefit re- quests so designated.’’ RESTORATION OF PROVISION REGARDING FEES TO COVER THE FULL COSTS OF ALL ADJUDICATION SERVICES Pub. L. 108–7, div. L, § 107, Feb. 20, 2003, 117 Stat. 532, provided in part: ‘‘That no court shall have jurisdiction over any cause or claim arising under the provisions of section 457 of the Homeland Security Act of 2002 (Pub- lic Law 107–296) [amending this section], this section [repealing section 457 of Pub. L. 107–296], or any regula- tions promulgated thereunder.’’ REPORTING REQUIREMENT Pub. L. 105–277, div. C, title IV, § 414(e), as added by Pub. L. 106–313, title I, § 110(c), Oct. 17, 2000, 114 Stat. 1256, provided that: ‘‘The Secretary of Labor and the Director of the Na- tional Science Foundation shall— ‘‘(1) track and monitor the performance of pro- grams receiving H–1B Nonimmigrant Fee grant money; and ‘‘(2) not later than one year after the date of enact- ment of this subsection [Oct. 17, 2000], submit a re- port to the Committees on the Judiciary of the House of Representatives and the Senate—[sic] ‘‘(A) the tracking system to monitor the perform- ance of programs receiving H–1B grant funding; and ‘‘(B) the number of individuals who have com- pleted training and have entered the high-skill workforce through these programs.’’ DEPOSIT OF RECEIPTS FROM INCREASED CHARGE FOR IMMIGRANT VISAS CAUSED BY PROCESSING FINGER- PRINTS Pub. L. 103–317, title V, Aug. 26, 1994, 108 Stat. 1760, provided in part: ‘‘That hereafter all receipts received from an increase in the charge for Immigrant Visas in effect on September 30, 1994, caused by processing an applicant’s fingerprints, shall be deposited in this ac- count as an offsetting collection and shall remain available until expended.’’ EXTENSION OF LAND BORDER FEE PILOT PROJECT Pub. L. 104–208, div. A, § 101(a) [title I], Sept. 30, 1996, 110 Stat. 3009, 3009–10, provided in part: ‘‘That the Land Border Fee Pilot Project scheduled to end September 30, 1996 [see subsec. (q) of this section], is extended to September 30, 1999, for projects on both the northern and southern borders of the United States, except that no pilot program may implement a universal land bor- der crossing toll’’. Similar provisions were contained in the following prior appropriations act: Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1161, as amended by Pub. L. 103–317, title I, § 111, Aug. 26, 1994, Page 443 TITLE 8—ALIENS AND NATIONALITY § 1357 108 Stat. 1736, and repealed by Pub. L. 104–208, div. C, title I, § 122(b), Sept. 30, 1996, 110 Stat. 3009–560. § 1357. Powers of immigration officers and em- ployees (a) Powers without warrant Any officer or employee of the Service author- ized under regulations prescribed by the Attor- ney General shall have power without warrant— (1) to interrogate any alien or person be- lieved to be an alien as to his right to be or to remain in the United States; (2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regu- lation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in vio- lation of any such law or regulation and is likely to escape before a warrant can be ob- tained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; (3) within a reasonable distance from any ex- ternal boundary of the United States, to board and search for aliens any vessel within the ter- ritorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have ac- cess to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States; (4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or re- moval of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to com- mit persons charged with offenses against the laws of the United States; and (5) to make arrests— (A) for any offense against the United States, if the offense is committed in the of- ficer’s or employee’s presence, or (B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has com- mitted or is committing such a felony, if the officer or employee is performing duties relating to the enforcement of the immigra- tion laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest. Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney Gen- eral publishes final regulations which (i) pre- scribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or em- ployee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency pro- cedure regarding confidentiality of matters re- lated to internal investigations. (b) Administration of oath; taking of evidence Any officer or employee of the Service des- ignated by the Attorney General, whether indi- vidually or as one of a class, shall have power and authority to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States, or concerning any matter which is material or relevant to the en- forcement of this chapter and the administra- tion of the Service; and any person to whom such oath has been administered, (or who has ex- ecuted an unsworn declaration, certificate, verification, or statement under penalty of per- jury as permitted under section 1746 of title 28) under the provisions of this chapter, who shall knowingly or willfully give false evidence or swear (or subscribe under penalty of perjury as permitted under section 1746 of title 28) to any false statement concerning any matter referred to in this subsection shall be guilty of perjury and shall be punished as provided by section 1621 of title 18. (c) Search without warrant Any officer or employee of the Service author- ized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal effects in the possession of any per- son seeking admission to the United States, con- cerning whom such officer or employee may have reasonable cause to suspect that grounds exist for denial of admission to the United States under this chapter which would be dis- closed by such search. (d) Detainer of aliens for violation of controlled substances laws In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)— (1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States, (2) expeditiously informs an appropriate offi- cer or employee of the Service authorized and designated by the Attorney General of the ar-