S.744 Immigration bill - Sec. 6: COMPREHENSIVE IMMIGRATION REFORM TRUST FUND

    (a) Comprehensive Immigration Reform Trust Fund-

      (1) ESTABLISHMENT- There is established in the Treasury a separate account, to be known as the Comprehensive Immigration Reform Trust Fund (referred to in this section as the `Trust Fund'), consisting of--

        (A) amounts transferred from the general fund of the Treasury under paragraph (2)(A); and

        (B) proceeds from the fees described in paragraph (2)(B).

      (2) DEPOSITS-

        (A) INITIAL FUNDING- On the later of the date of the enactment of this Act or October 1, 2013, $6,500,000,000 shall be transferred from the general fund of the Treasury to the Trust Fund.

        (B) START-UP COSTS- On the later of the date of the enactment of this Act or October 1, 2013, $100,000,000 is hereby appropriated from the general fund of the Treasury, to remain available until September 30, 2015, to the Department to pay for one-time and startup costs necessary to implement this Act,

        (C) ONGOING FUNDING- In addition to the funding described in subparagraph (A), the following amounts shall be deposited in the trust fund:

          (i) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM FEES- 75 percent of the fees collected under section 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)).

          (ii) J-1 VISA MITIGATION FEES- Mitigation fees collected from employers who employ aliens described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) through the Summer Work Travel Program.

          (iii) H-1B VISA FEES- Fees collected from employers hiring nonimmigrants described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(H)(i)(b)).

          (iv) L-1 VISA FEES- Fees collected under section 214(c)(12) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(12) from employers hiring a nonimmigrant described in section 101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)).

          (v) H-2B VISA FEES- Fees collected from employers hiring nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(H)(i i)(b)) in the amount of $500 under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184).

          (vi) F-1 VISA FEES- Fees collected for nonimmigrants admitted under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) in the amount of $500 under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)

          (vii) VISITOR VISA FEES- Amend Section 214 to add a $5 fee for visitor visas 101(a)(15)(B).

          (viii) MERIT SYSTEM GREEN CARD FEES- Include the fee charged in the document to get a `merit system' green card.

          (ix) OTHER ALIENS- An alien who is allocated a visa under section 211 shall pay a fee of $1,500.

          (x) PENALTY- Penalties collected from applicants for provisional immigrant status under section 245B(c)(9)(C) of the Immigration and Nationality Act, as added by section 2101 of this Act.

          (xi) H-1b NONIMMIGRANT DEPENDENT EMPLOYER FEES- Fees collected under section 423(a)(2).

          (xii) H-1B OUTPLACEMENT FEE- Fees collected under section 212(n)(1)(F)(ii) of the Immigration and Nationality Act, as amended by section 4201(d).

          (xiii) L NONIMMIGRANT DEPENDENT EMPLOYER FEES- Fees collected under section 435(a)(2).

          (xiv) RETIREE VISA FEES- Fees collected under section 101(a)(15)(Y) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Y)).

          (xv) NONIMMIGRANTS PERFORMING MAINTENANCE ON COMMON CARRIERS- Fees collected under subsection (z) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), as added by section 4604.

      (3) USE OF FUNDS-

        (A) INITIAL FUNDING- Of the amounts transferred to the Trust Fund pursuant to paragraph (2)(A)--

          (i) $3,000,000,000 shall be made available to the Secretary, during the 5-year period beginning on the date of the enactment of this Act, to carry out the Comprehensive Southern Border Security Strategy;

          (ii) $2,000,000,000 shall be made available to the Secretary, during the 10-year period beginning on the date of the enactment of this Act, to carry out programs, projects, and activities recommended by the Commission pursuant to section 4(c) to achieve and maintain the border security goal specified in section 3(b); and

          (iii) $1,500,000,000 shall be made available to the Secretary, during the 5-year period beginning on the date of the enactment of this Act, to procure and deploy additional fencing in high-risk border sectors in accordance with the Southern Border Fencing Strategy established pursuant to section 5(b).

        (B) ONGOING FUNDING- Of the amounts deposited into the Trust Fund pursuant to paragraph (2)(B)--

          (i) $50,000,000 shall be available during each of the fiscal years 2014 through 2018 to carry out the activities described in section 1104(a)(1); and

          (ii) $50,000,000 shall be available during each of the fiscal years 2014 through 2018 to carry out the activities described in section 1104(b).

    (b) Limitation on Collection- No fee described in paragraph (2)(B) may be collected under this Act except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.

    (c) Receipts Collected as Offsetting Receipts- Notwithstanding section 3302 of title 31, United States Code, any fee collected under this Act--

      (1) shall be credited as offsetting collections to the Trust Fund;

      (2) shall be available for expenditure only to pay the costs of activities and services authorized from the Trust Fund; and

      (3) shall remain available until expended.

    (d) Determination of Budgetary Effects-

      (1) EMERGENCY DESIGNATION FOR CONGRESSIONAL ENFORCEMENT- In the Senate, amounts made available under this section are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

      (2) EMERGENCY DESIGNATION FOR STATUTORY PAYGO- Amounts made available under this section are designated as an emergency requirement under section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

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COMPREHENSIVE IMMIGRATION REFORM TRUST FUND