H.Amdt. 162House109th Congress (2005-2007)

An amendment numbered 17 printed in part B of House Report 109-84 to instruct GAO to conduct a study examining the impact of an increase in Temporary Protected Status (TPS) application fees on the nationals of countries for which TPS is available and the differential in cost between the current statutory fee and the cost-based fee proposed by Customs and Immigration Services. Instructs GAO to conduct a study on the premium processing fee system and its possible application to individuals and their families.

What it does: Adds SEC. 509. GAO STUDY OF PROPOSALS TO INCREASE TEMPORARY PROTECTED STATUS REGISTRATION FEE on page 79, line 6
Submitted May 18, 2005

Description

Amendment directs the Government Accountability Office to conduct a study of two proposals to increase fees paid by applicants and petitioners for immigration services.

What it changes

1 change to H.R. 1817

Adds a section
  1. Adds SEC. 509. GAO STUDY OF PROPOSALS TO INCREASE TEMPORARY PROTECTED STATUS REGISTRATION FEE on page 79, line 6

    Adds a sectionPrinted page

    Inserted: SEC. 509. GAO STUDY OF PROPOSALS TO INCREASE TEMPORARY PROTECTED STATUS REGISTRATION FEE.

    Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall complete a study of, and report to Congress on, the likely consequences of increasing the fee described in section 244(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1254(a)(c)(1)(B)).

    Inserted: (b) Elements of Study.--The study described in subsection (a) shall--

    Inserted: (1) calculate the number of applicants for relief under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254(a)) who have sought a waiver, been granted a waiver, or been denied a waiver from such fees due to their inability to pay such fees, since the enactment of such section;

    Inserted: (2) project the cost at which such fee would be set if it were calculated consistent with the manner in which the Department of Homeland Security calculates fees under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m));

    Inserted: (3) taking into account the countries of nationality of the current population of beneficiaries of section 244 and the lack of work authorization that such beneficiaries have while awaiting the outcome of an adjudication, assess the ability of the current population of beneficiaries under section 244 to pay such fee if it were increased to the level projected pursuant to paragraph (2);

    Inserted: (4) estimate the number of requests for fee waivers that would likely have to be adjudicated per 1,000 applications should such fee be increased to the level projected pursuant to paragraph (2);

    Inserted: (5) estimate the cost and number of man hours that would be required to be expended in order to adjudicate the fee waiver requests described in such paragraph; and

    Inserted: (6) estimate the cost differential between the current cost of adjudicating applications and the statutory fee, on a per-application and an aggregate basis.

    Inserted: SEC. 510. GAO STUDY OF CONSEQUENCES OF EXPANDING USE OF PREMIUM SERVICE FOR IMMIGRATION BENEFIT APPLICATIONS AND PETITIONS.

    Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall complete a study of, and report to Congress on, the Department of Homeland Security's proposal to expand the use of premium fees for employment-based petitions and applications under section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) to other applications and petitions.

    Inserted: (b) Elements of Study.--In performing the study required under subsection (a), the Comptroller General--

    Show 9 more inserted paragraphs

    Inserted: (1) shall consider and assess--

    Inserted: (A) all factors that help quantify and assess the current impact of premium processing on immigration benefits adjudications of employment-based applications and petitions; and

    Inserted: (B) the degree to which the use of premium processing for employment-based applications and petitions has negatively or positively impacted the length of time that it takes to adjudicate employment-based applications and petitions that are eligible for treatment under section 286(u) of the Immigration and Nationality Act but for which no premium fee is paid; and

    Inserted: (2) shall assess--

    Inserted: (A) whether expansion of section 286(u) of the Immigration and Nationality Act to family-based immigration petitions and applications would increase or decrease the length of time it takes to adjudicate family-based petitions and applications in cases where the applicant cannot afford to make use of the premium service;

    Inserted: (B) all other likely future impacts of an expansion of premium processing to family-based immigration benefits applications and petitions;

    Inserted: (C) the number of additional adjudicators needed to process premium processing applications;

    Inserted: (D) the impact of premium processing on the number and assignment of adjudicators; and

    Inserted: (E) the number of individual applicants who would opt to use premium processing under this expanded program annually.

    Original wording

    Page 79, after line 6, insert the following (and amend the table of contents accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

Page 79, after line 6, insert the following (and amend the table of contents accordingly):

SEC. 509. GAO STUDY OF PROPOSALS TO INCREASE TEMPORARY PROTECTED STATUS REGISTRATION FEE.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall complete a study of, and report to Congress on, the likely consequences of increasing the fee described in section 244(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1254(a)(c)(1)(B)).

(b) Elements of Study.--The study described in subsection (a) shall--

(1) calculate the number of applicants for relief under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254(a)) who have sought a waiver, been granted a waiver, or been denied a waiver from such fees due to their inability to pay such fees, since the enactment of such section;

(2) project the cost at which such fee would be set if it were calculated consistent with the manner in which the Department of Homeland Security calculates fees under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m));

(3) taking into account the countries of nationality of the current population of beneficiaries of section 244 and the lack of work authorization that such beneficiaries have while awaiting the outcome of an adjudication, assess the ability of the current population of beneficiaries under section 244 to pay such fee if it were increased to the level projected pursuant to paragraph (2);

(4) estimate the number of requests for fee waivers that would likely have to be adjudicated per 1,000 applications should such fee be increased to the level projected pursuant to paragraph (2);

(5) estimate the cost and number of man hours that would be required to be expended in order to adjudicate the fee waiver requests described in such paragraph; and

(6) estimate the cost differential between the current cost of adjudicating applications and the statutory fee, on a per-application and an aggregate basis.

SEC. 510. GAO STUDY OF CONSEQUENCES OF EXPANDING USE OF PREMIUM SERVICE FOR IMMIGRATION BENEFIT APPLICATIONS AND PETITIONS.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall complete a study of, and report to Congress on, the Department of Homeland Security's proposal to expand the use of premium fees for employment-based petitions and applications under section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) to other applications and petitions.

(b) Elements of Study.--In performing the study required under subsection (a), the Comptroller General--

(1) shall consider and assess--

(A) all factors that help quantify and assess the current impact of premium processing on immigration benefits adjudications of employment-based applications and petitions; and

(B) the degree to which the use of premium processing for employment-based applications and petitions has negatively or positively impacted the length of time that it takes to adjudicate employment-based applications and petitions that are eligible for treatment under section 286(u) of the Immigration and Nationality Act but for which no premium fee is paid; and

(2) shall assess--

(A) whether expansion of section 286(u) of the Immigration and Nationality Act to family-based immigration petitions and applications would increase or decrease the length of time it takes to adjudicate family-based petitions and applications in cases where the applicant cannot afford to make use of the premium service;

(B) all other likely future impacts of an expansion of premium processing to family-based immigration benefits applications and petitions;

(C) the number of additional adjudicators needed to process premium processing applications;

(D) the impact of premium processing on the number and assignment of adjudicators; and

(E) the number of individual applicants who would opt to use premium processing under this expanded program annually.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

May 18, 2005

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Floor

House amendment offered

May 18, 2005

Floor

House amendment agreed to: On agreeing to the Jackson-Lee (TX) amendment (A017) Agreed to by voice vote.

May 18, 2005 • 3:42 PM

Not Used

Amendment agreed to Committee of the Whole

May 18, 2005 • 3:42 PM

Not Used

House amendment offered/reported by : Amendment (A017) offered by Ms. Jackson-Lee (TX).(consideration: CR H3492-3494; text: CR H3492)

May 18, 2005 • 3:37 PM

Floor

Amendment (A017) offered by Ms. Jackson-Lee (TX). (consideration: CR H3492-3494; text: CR H3492)

May 18, 2005 • 3:37 PM

Floor

On agreeing to the Jackson-Lee (TX) amendment (A017) Agreed to by voice vote.

May 18, 2005 • 3:42 PM