Title 8 — Aliens and Nationality
Chapter 15 — Enhanced Border Security and Visa Entry Reform
§ 1715. Consular and Border Security Programs
Statutory text
Separate fund
There is established in the Treasury a separate fund to be known as the “Consular and Border Security Programs” account into which the following fees shall be deposited for the purposes of the consular and border security programs.
to (g) Omitted
Transfer of funds
The unobligated balances of amounts available from fees referenced under this section may be transferred to the Consular and Border Security Programs account.
Funds deposited in or transferred to the Consular and Border Security Programs account may be transferred between funds appropriated under the heading “Administration of Foreign Affairs”.
The transfer authorities in this section shall be in addition to any other transfer authority available to the Department of State.
Effective date
The amendments made by this section shall take effect no later than , and shall be implemented in a manner that ensures the fees collected, transferred, and used in fiscal year 2019 can be readily tracked.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017
Pub. L. 115–31 div. J title VII § 7081 · 131 Stat. 135
Enacted · 8 U.S.C. § 1715
(Pub. L. 115–31, div. J, title VII, § 7081, May 5, 2017, 131 Stat. 716.)
Source evidence
Code source credit
(Pub. L. 115–31, div. J, title VII, § 7081, May 5, 2017, 131 Stat. 716.)Enacted provision · exact public law section
Sec. 7081. consular and border security programs (a) Separate Fund.— There is established in the Treasury a separate fund to be known as the “Consular and Border Security Programs” account into which the following fees shall be deposited for the purposes of the consular and border security programs. (b) Machine-readable Visa Fee.— Section 103(d) of Public Law 107–173 (8 U.S.C. 1713) is amended by striking “credited as an offsetting collection to any appropriation for the Department of State” and inserting “deposited in the Consular and Border Security Programs account”. (c) Passport and Immigrant Visa Security Surcharges.— The fourth paragraph under the heading “Diplomatic and Consular Programs” in title IV of division B of Public Law 108–447 (8 U.S.C. 1714) is amended by striking “credited to this account” and inserting “deposited in the Consular and Border Security Programs account”. (d) Diversity Immigrant Lottery Fee.— Section 636 of title VI, division C of Public Law 104–208 (8 U.S.C. 1153 note) is amended by striking “as an offsetting collection to any Department of State appropriation” and inserting “in the Consular and Border Security Programs account”. (e) Affidavit of Support Fee.— Section 232(c) of title II of division A of H.R. 3427 (106th Congress) (incorporated by reference by section 1000(a)(7) of division B of Public Law 106–113, as amended (8 U.S.C. 1183a note), is further amended by striking “as an offsetting collection to any Department of State appropriation” and inserting “in the Consular and Border Security Programs account”. (f) Western Hemisphere Travel Initiative Surcharge.— Subsection (b)(1) of section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) is amended by striking “as an offsetting collection to the appropriate Department of State appropriation” and inserting “in the Consular and Border Security Programs account”. (g) Expedited Passport Fee.— The first proviso under the heading “Diplomatic and Consular Programs” in title V of Public Law 103–317 (22 U.S.C. 214 note) is amended by inserting “or in the Consular and Border Security Programs account” after “offsetting collection”. (h) Transfer of Funds.— (1) The unobligated balances of amounts available from fees referenced under this section may be transferred to the Consular and Border Security Programs account. (2) Funds deposited in or transferred to the Consular and Border Security Programs account may be transferred between funds appropriated under the heading “Administration of Foreign Affairs”. (3) The transfer authorities in this section shall be in addition to any other transfer authority available to the Department of State. (i) Effective Date.— The amendments made by this section shall take effect no later than October 1, 2018, and shall be implemented in a manner that ensures the fees collected, transferred, and used in fiscal year 2019 can be readily tracked.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section appears under the heading “Consular and Border Security Programs” in title VII of div. J of Pub. L. 115–31. It was enacted as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.
Section is comprised of section 7081 of title VII of div. J of Pub. L. 115–31. Subsecs. (b) and (c) of section 7081 of Pub. L. 115–31 amended sections 1713 and 1714, respectively, of this title. Subsecs. (d) and (e) of section 7081 amended provisions set out as notes under sections 1153 and 1183a, respectively, of this title. Subsec. (f) of section 7081 amended section 214 of Title 22, Foreign Relations and Intercourse, and subsec. (g) of section 7081 amended provisions set out as a note under section 214 of Title 22.
Statutory Notes and Related Subsidiaries
Transfer of Balances
Pub. L. 119–75, div. F, title VII, § 7034(i)(2), , 140 Stat. 570, provided that: “Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31) [8 U.S.C. 1715(h)] shall continue in effect during fiscal year 2026.”
Similar provisions were contained in the following prior acts:
Pub. L. 118–47, div. F, title VII, § 7034(k)(4), , 138 Stat. 791.
Pub. L. 117–328, div. K, title VII, § 7034(l)(4), , 136 Stat. 5033.
Pub. L. 117–103, div. K, title VII, § 7034(l)(9), , 136 Stat. 624.
Pub. L. 116–260, div. K, title VII, § 7034(l)(9), , 134 Stat. 1750.
Pub. L. 116–94, div. G, title VII, § 7034(l)(9), , 133 Stat. 2873.
Pub. L. 116–6, div. F, title VII, § 7034(m)(9), , 133 Stat. 327.
Credits
(Pub. L. 115–31, div. J, title VII, § 7081, , 131 Stat. 716.)