Immigration User Fee; Remittance Requirements

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 286

[INS No. 1392-93]

RIN 1115-AA30

Immigration User Fee; Remittance Requirements

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Proposed rule.

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SUMMARY: This proposed rulemaking publishes changes to requirements

related to the Immigration User Fee Account (IUFA). This document

proposes to amend existing regulations to comply with the 1991 and 1994

Department of Justice Appropriations Acts and with a nomenclature

change. In addition, this proposed rule establishes a change to where

remittances shall be sent; a requirement for additional information in

the remittance and statement procedures for fees; a clarification as to

how remittances must be paid; and an extension to the length of time

records must be maintained.

Important and necessary information not currently available to the

Immigration and Naturalization Service (INS) would improve INS

management of the IUFA. Budgetary estimates based upon projected fee

collections would be more precise thereby improving the allocation of

funds among programs. In addition, collections activities would be

enhanced since the information provided with a remittance would ensure

proper recording of the fees collected. .

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

ADDRESSES: Please submit written comments, in triplicate, to the

Director, Policy Directives and Instructions Branch, Immigration and

Naturalization Service, 425 I Street, NW., room 5307,Washington, DC

20536. To ensure proper handling, please reference INS No. 1392-93 on

your correspondence.

FOR FURTHER INFORMATION CONTACT: Michael Natchuras, Budget Analyst, Fee

Analysis and Operations Branch, Office of Finance, Office of Budget,

Immigration and Naturalization Service, 425 I Street NW., room 6307,

Washington, DC 20536, telephone (202) 616-2754.

SUPPLEMENTARY INFORMATION: The Department of Justice Appropriations

Act, 1994, (Pub. L. 103-121, October 27, 1993,) increased the

Immigration User Fee from $5,00 to $6.00 per individual. In addition,

the Department of Justice Appropriations Act, 1991, (Pub. L. 101-515,

November 5, 1990,) made other changes to the Immigration and

Nationality Act. This proposed rule reflects those changes in 8 CFR

286. The requirements for fee collection data, remittance information,

and records maintenance are required to improve financial management

processes including budgeting, collection and debt management, and

auditing functions. Lastly, this proposed rule implements a

nomenclature change throughout 8 CFR 286 to remove the word

``Comptroller'' and to add in its place the words ``Associate

Commissioner, Finance.''

More specifically, this proposed rule changes the current

regulation in the following ways. A new requirement is established for

the monthly submission of a summary report showing the user fees

collected in the preceding month and the associated number of ticket

sales. In addition, the remittance depository cited in the current

regulation is changed from one of specific identification to that of a

``designated Treasury depository.'' Further, a requirement is added to

require the quarterly remittance statement to separately identify

interest and penalty payments from the actual user fee remittance.

Finally, the record retention period is changed from 2 years to 5

years. These changes are being made to improve financial management of

the user fee account. Also, these changes are responsive to

recommendations in Department of Justice, Office of Inspector General

audits of the account.

In compliance with 5 U.S.C. 605(b), the Commissioner of INS

certifies that the proposed rule would not have a significant adverse

economic impact on a substantial number of small entities. The

Government does not collect the user fees directly from passengers, but

from the air and vessel carriers or their agents. Each entity that

issues a document or ticket to an individual for transportation by a

commercial aircraft or commercial vessel into the United States is

required to collect the immigration user fee at the time the ticket is

issued, and if the issuer fails to collect the fee at the time of

issuance, the entity providing the transportation collects the user fee

when the passenger departs the United States. The information required

under this rule should be readily available from business records which

must be maintained as a routine business practice.

This proposed rule is not considered by the Immigration and

Naturalization Service, to be a ``significant regulatory action'' under

Executive Order 12866 Sec. 3(f), Regulatory Planning and Review, and

the Office of Management and Budget (OMB) has waived its review process

under section 6(a)(3)(A).

The information collection requirements contained in this proposed

rule have been cleared by the OMB, under the provisions of the

Paperwork Reduction Act. The OMB clearance number is 1115-0142.

List of Subjects in 8 CFR Part 286

Air carriers, Immigration, Maritime carriers, Reporting and

recordkeeping requirements.

Accordingly, part 286 of chapter I of title 8 of the Code of

Federal Regulations is proposed to be amended to read as follows:

PART 286--IMMIGRATION USER FEES

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

follows:

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

2. Section 286.2 is revised to read as follows:

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

commercial vessels.

(a) Under the provisions of section 286(b) of the Act a $6.00 fee

per individual is charged and collected by the Commissioner for the

immigration inspection of each passenger aboard a commercial aircraft

or commercial vessel, arriving at a Port-of-Entry in the United States,

or for the preinspection of a passenger in a place outside the United

States prior to such arrival, except as provided in $286.3.

(b) Twenty business days after the end of each calendar month, each

commercial aircraft and vessel carrier or ticket selling agent shall

submit to the Immigration and Naturalization Service, Associate

Commissioner, Finance, a summary statement showing the amount of user

fees collected in the preceding month. The summary information shall

include the fees expected to be remitted to INS and the number of

tickets sold. This information should be forwarded to the Immigration

and Naturalization Service, Chief, Fee Analysis and Operations Branch,

425 I Street, NW., room 6307, Washington, DC 20536.

3. In Sec. 286.3 paragraph (a) is revised to read as follows:

Sec. 286.3 Exceptions.

* * * * *

(a) Persons, other than aircraft passengers, whose travel

originated in Canada, Mexico, the adjacent islands, and territories or

possessions of the United States;

* * * * *

4. In Sec. 286.5 paragraphs (b), (c) and (d) are revised to read as

follows:

Sec. 286.5 Remittance and statement procedures.

* * * * *

(b)(1) Fee remittances shall be sent to the Immigration and

Naturalization Service, at a designated Treasury depository, for

receipt no later than 31 days after the close of the calendar quarter

in which the fees are collected, except the fourth quarter payment for

fees collected shall be made on the date that is ten days before the

end of the U.S. Government's fiscal year, and the first quarter payment

shall include any collections made in the preceding quarter that were

not remitted with the previous payment. The fiscal year referenced is

the U.S. Government's fiscal year which begins on October 1 and ends on

September 30.

(2) Late payments will be subject to interest, penalty, and

handling charges as provided in the debt Collection Act of 1982 (31

U.S.C. 3717). Refunds by a remitter of fees collected in conjunction

with unused tickets or documents for transportation should be netted

against the next subsequent remittance.

(c) Along with the remittance, as set forth in paragraph (b) of

this section, each remitter making such remittance shall attach a

statement which sets forth the following:

(1) Name and address;

(2) Taxpayer identification number;

(3) Calendar quarter covered by the payment;

(4) Interest and penalty charges; and

(5) Total amount collected and remitted.

(d) Remittances in U.S. dollars must be made by check or money

order through a U.S. bank, to Associate Commissioner, Finance, INS.

* * * * *

5. Section 286.6 is revised to read as follows:

Sec. 286.6 Maintenance of records.

Each collector and remitter shall maintain records necessary for

the Service to verify the accuracy of fees collected and remitted and

to otherwise determine compliance with the applicable statutes and

regulations. Such records shall be maintained for a period of five

years from the date of fee collection. Each remitter shall advise the

Associate Commissioner, Finance, of the name, address, and telephone

number of a responsible officer who shall have the authority to verify

and produce any records required to be maintained under this part. The

Associate Commissioner, Finance, shall be promptly notified of any

changes of the responsible officer.

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

6. In Secs. 286.1(e), 286.4(c), 286.5(d), 286.5(e), and 286.6,

remove the word ``Comptroller'' and add in its place ``Associate

Commissioner, Finance'' wherever it appears.

Dated: January 14, 1994.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 94-3395 Filed 2-14-94; 8:45 am]

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