104 STAT. 2120
PUBLIC LAW 101-515—NOV. 5, 1990
SEC. 209. None of the funds transferred from the Assets Forfeiture
Fund of the Department of Justice and deposited in the Special
Forfeiture Fund of the Office of National Drug Control Policy, and
none of the funds made available by this Act, shall be available for
personnel expenses, construction, acquisition of equipment or real
property, or any related expenses for a National Drug Intelligence
Center.
SEC. 210. (a) 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 (e)(1), after the word "passenger"
the phrase ", other than aircraft passengers,";
Air rates and
(2) by inserting ", except the fourth quarter payment for fees
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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
preceding quarter that were not remitted with the previous
payment" after the words "in which fees are collected" in
subsection (fK3);
(3) by inserting ", within forty-five minutes of their presentation for inspection," after the word "provided" and before the
words "when needed" in subsection (g);
(4) by striking the first two sentences of subsection (h)(1)(A)
and inserting "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 title, there shall be deposited as offsetting receipts into the Immigration User Fee Account all fees collected
under subsection (d) of this section, to remain available until
expended" before the words "At the end of each 2-year period".
(5) by replacing the previously repealed subsection (1) with
the following new subsection—
"(1) REPORT TO CONGRESS. — In addition to the reporting requirements established pursuant to subsection (h), the Attorney General
shall prepare and submit annually to the Congress, not later than
March 31st of each year, a statement of the financial condition of
the 'Immigration User Fee Account' including beginning account
balance, revenues, withdrawals and their purpose, ending balance,
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 indicate the
success rate of the Immigration and Naturalization Service in meeting the forty-five minute inspection standard and shall provide
detailed statistics regarding the number of passengers 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 breakdown of these statistics and the steps being
taken to correct any nonconformity.".
8 USC 1356 note.
(b) The amendment made by subsection (a)(1) of this section shall
apply to fees charged only with respect to immigration inspection or
preinspection services rendered in regard to arriving passengers
using transportation for which documents or tickets were issued
after November 30, 1990.
(c) Pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, the amendments
made by this section which transfer receipts from one fiscal year to
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