INA: ACT 404 - AUTHORIZATION OF APPROPRIATIONS

Sec. 404. [8 U.S.C. 1101, note] (a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act (other than chapter 2 of title IV).

(b) (1) 1/ There are authorized to be appropriated (for fiscal year 1991 and any subsequent fiscal year) to an immigration emergency fund, to be established in the Treasury, an amount sufficient to provide for a balance of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol or other enforcement activities of the Service and for reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergen cy, except that no amounts may be withdrawn from such fund with respect to an emergency unless the President has determined that the immigration emergency exists and has certified such fact to the Judiciary Committees of the House of Representatives and of the Senate.

(2) (A) 2/ Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever-

(i) 3/ a district director of the Service certifies to the Commissioner that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter,

(ii) the lives, property, safety, or welfare of the residents of a State or locality are endangered, or

(iii) in any other circumstances as determined by the Attorney General.

In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district. 4/

( B) Not more than $20,000,000 shall be made available for all localities under this paragraph.

( C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency be determined shall not apply.

( D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by the Attorney General within 15 days after the date of receipt of the application.

FOOTNOTES FOR SECTION 404

INA: ACT 404 FN 1

FN 1 This subsection was amended by Sec. 705(a) of the Immigration Act of 1990 (P.L. 101 - 649, Nov. 29, 1990, 104 Stat. 5087), including the addition of paragraph (2).

Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992 (Pub. L. 102 - 140, Oct. 28, 1991, 105 Stat. 832), as amended by Sec. 219(l)(2) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416, 108 Stat. 4317, Oct. 25, 1994), provides as follows:

"Sec. 610. Regulations Required._ (a) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(1) of the Immigration and Nationality Act, including a delineation of (1) scenarios that constitute an immigration emergency, (2) the process by which the President declares an immigration emergency, (3) the role of the Governor and local officials in requesting a declaration of emergency, (4) a definition of ``assistance as required by the Attorney General'' , and (5) the process by which States and localities are to be reimbursed.

(b) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(2) of such Act, including providing a definition of the terms in section 404(b)(2)(A)(ii) and a delineation of ``in any other circumstances'' in section 404(b)(2)(A)(iii) of such Act.

(c) The regulations under this section shall be published for comment not later than 30 days after the date of enactment of this Act and issued in final form not later than 15 days after the end of the comment period.

INA: ACT 404 FN 2

FN 2 This subsection was amended by Sec. 705(a) of the Immigration Act of 1990

INA: ACT 404 FN 3

FN 3 Sec. 705(b) of the Immigration Act of 1990 (P.L. 101 - 649, Nov. 29, 1990, 104 Stat. 5087) provides as follows:

"(b) Effective Date._ Section 404(b)(2)(A)(i) of the Immigration and Nationality Act, as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) before October 1, 1991."

INA: ACT 404 FN 4

FN 4 The sentence was added by Sec. 308(d) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (Pub. L. 102 - 232, Dec. 12, 1991, 105 Stat. 1757) .