8 U.S.C. § 1714 — Surcharges related to consular services

Page 587 TITLE 8—ALIENS AND NATIONALITY § 1715 ‘‘(1) A discussion of the implementation of the pilot program, including the experience under the pilot program. ‘‘(2) A recommendation regarding whether to ex- pand the pilot program along the entire northern bor- der of the United States and a timeline for the imple- mentation of the expansion. ‘‘SEC. 5105. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this subtitle.’’ § 1713. Machine-readable visa fees (a) Omitted (b) Fee amount The machine-readable visa fee charged by the Department of State shall be the higher of $65 or the cost of the machine-readable visa service, as determined by the Secretary of State after con- ducting a study of the cost of such service. (c) Surcharge The Department of State is authorized to charge a surcharge of $10, in addition to the ma- chine-readable visa fee, for issuing a machine- readable visa in a nonmachine-readable pass- port. (d) Availability of collected fees Notwithstanding any other provision of law, amounts collected as fees described in this sec- tion shall be deposited in the Consular and Bor- der Security Programs account to recover costs of providing consular services. Amounts so cred- ited shall be available, until expended, for the same purposes as the appropriation to which credited. (Pub. L. 107–173, title I, § 103, May 14, 2002, 116 Stat. 547; Pub. L. 115–31, div. J, title VII, § 7081(b), May 5, 2017, 131 Stat. 716.) Editorial Notes CODIFICATION Section is comprised of section 103 of Pub. L. 107–173. Subsec. (a) of section 103 of Pub. L. 107–173 amended provisions set out as a note under section 1351 of this title. AMENDMENTS 2017—Subsec. (d). Pub. L. 115–31 substituted ‘‘depos- ited in the Consular and Border Security Programs ac- count’’ for ‘‘credited as an offsetting collection to any appropriation for the Department of State’’. § 1714. Surcharges related to consular services Beginning in fiscal year 2005 and thereafter, the Secretary of State is authorized to charge surcharges related to consular services in sup- port of enhanced border security that are in ad- dition to the passport and immigrant visa fees in effect on January 1, 2004: Provided, That funds collected pursuant to this authority shall be de- posited in the Consular and Border Security Programs account, and shall be available until expended for the purposes of such account: Pro- vided further, That such surcharges shall be $12 on passport fees, and $45 on immigrant visa fees. (Pub. L. 108–447, div. B, title IV, Dec. 8, 2004, 118 Stat. 2896; Pub. L. 115–31, div. J, title VII, § 7081(c), May 5, 2017, 131 Stat. 716.) Editorial Notes CODIFICATION Section appears under the headings ‘‘Administration of Foreign Affairs’’ and ‘‘Diplomatic and Consular Pro- grams’’ in title IV of div. B of Pub. L. 108–447. It was en- acted as part of the Department of State and Related Agency Appropriations Act, 2005, and also as part of the Departments of Commerce, Justice, and State, the Ju- diciary, and Related Agencies Appropriations Act, 2005, and as part of the Consolidated Appropriations Act, 2005, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter. AMENDMENTS 2017—Pub. L. 115–31 substituted ‘‘deposited in the Consular and Border Security Programs account’’ for ‘‘credited to this account’’. Statutory Notes and Related Subsidiaries AUTHORITY TO ADMINISTRATIVELY AMEND SURCHARGES Pub. L. 109–472, § 6, Jan. 11, 2007, 120 Stat. 3555, pro- vided that: ‘‘(a) IN GENERAL.—Beginning in fiscal year 2007 and thereafter, the Secretary of State is authorized to amend administratively the amounts of the surcharges related to consular services in support of enhanced bor- der security (provided for in the last paragraph under the heading ‘diplomatic and consular programs’ under title IV of division B of the Consolidated Appropria- tions Act, 2005 (Public Law 108–447) [this section]) that are in addition to the passport and immigrant visa fees in effect on January 1, 2004. ‘‘(b) REQUIREMENTS.—In carrying out subsection (a) and the provision of law described in such subsection, the Secretary shall meet the following requirements: ‘‘(1) The amounts of the surcharges shall be reason- ably related to the costs of providing services in con- nection with the activity or item for which the sur- charges are charged. ‘‘(2) The aggregate amount of surcharges collected may not exceed the aggregate amount obligated and expended for the costs related to consular services in support of enhanced border security incurred in con- nection with the activity or item for which the sur- charges are charged. ‘‘(3) A surcharge may not be collected except to the extent the surcharge will be obligated and expended to pay the costs related to consular services in sup- port of enhanced border security incurred in connec- tion with the activity or item for which the sur- charge is charged. ‘‘(4) A surcharge shall be available for obligation and expenditure only to pay the costs related to con- sular services in support of enhanced border security incurred in providing services in connection with the activity or item for which the surcharge is charged.’’ § 1715. Consular and Border Security Programs (a) Separate fund There is established in the Treasury a sepa- rate fund to be known as the ‘‘Consular and Bor- der Security Programs’’ account into which the following fees shall be deposited for the purposes of the consular and border security programs. (b) to (g) Omitted (h) Transfer of funds (1) The unobligated balances of amounts avail- able from fees referenced under this section may be transferred to the Consular and Border Secu- rity Programs account. (2) Funds deposited in or transferred to the Consular and Border Security Programs account