PUBLIC LAW 101-515—NOV. 5, 1990 104 STAT. 2121 the next are a necessary (but secondary) result of a significant policy change. (d) Section 286 of the Immigration and Nationality Act of 1952 (8 U.S.C. 1356), as amended, is further amended— (1) by inserting in subsection (m), after the phrase "shall be deposited" the phrase "as offsetting receipts"; (2) by inserting in subsection (m), after the phrase "the treasury of Guam" the following: ": Provided further, That fees for Immigration, providing adjudication and naturalization services 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 costs associated with the administration of the fees collected"; (3) by inserting a new subsection after subsection (p) as follows: "(q) LAND BORDER INSPECTION FEE ACCOUNT.—(1) 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 General. "(2) All of the fees collected under this subsection shall be deposited as offsetting 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 Inspection Fee Account. "(3)(A) The Secretary of Treasury shall refund, at least on a quarterly basis amounts to any appropriations for expenses incurred in providing inspection services at land border points of entry. Such expenses shall include— "(i) the providing of overtime inspection services; "(ii) the expansion, operation and maintenance of information systems for nonimmigrant 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 Administration); "(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 fiscal years 1992 and thereafter shall be refunded in accordance with estimates made iij 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 submit annually to the Congress statements of financial condition of the Land Border Immigration Fee Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year. 39-194O-91-25:QL3Part3
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