8 U.s.c. §§ 1363

Page 393

TITLE 8—ALIENS AND NATIONALITY

have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he
shall choose.
(June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat.
235; Pub. L. 104–208, div. C, title III,
§§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat.
3009–619, 3009–645.)
AMENDMENTS
1996—Pub. L. 104–208, § 371(b)(9), substituted ‘‘an immigration judge’’ for ‘‘a special inquiry officer’’.
Pub. L. 104–208, § 308(d)(4)(O), substituted ‘‘removal’’
for ‘‘exclusion or deportation’’ in two places.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(O) of Pub. L. 104–208
effective, with certain transitional provisions, on the
first day of the first month beginning more than 180
days after Sept. 30, 1996, see section 309 of Pub. L.
104–208, set out as a note under section 1101 of this title.
Amendment by section 371(b)(9) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, set out as a note under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1363. Deposit of and interest on cash received
to secure immigration bonds
(a) Cash received by the Attorney General as
security on an immigration bond shall be deposited in the Treasury of the United States in
trust for the obligor on the bond, and shall bear
interest payable at a rate determined by the
Secretary of the Treasury, except that in no
case shall the interest rate exceed 3 per centum
per annum. Such interest shall accrue from date
of deposit occurring after April 27, 1966, to and
including date of withdrawal or date of breach of
the immigration bond, whichever occurs first:
Provided, That cash received by the Attorney
General as security on an immigration bond,
and deposited by him in the postal savings system prior to discontinuance of the system, shall
accrue interest as provided in this section from
the date such cash ceased to accrue interest
under the system. Appropriations to the Treasury Department for interest on uninvested funds
shall be available for payment of said interest.
(b) The interest accruing on cash received by
the Attorney General as security on an immigration bond shall be subject to the same disposition as prescribed for the principal cash, except that interest accruing to the date of breach
of the immigration bond shall be paid to the obligor on the bond.
(June 27, 1952, ch. 477, title II, ch. 9, § 293, as
added Pub. L. 91–313, § 2, July 10, 1970, 84 Stat.
413.)
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1363a

§ 1363a. Undercover investigation authority
(a) In general
With respect to any undercover investigative
operation of the Service which is necessary for
the detection and prosecution of crimes against
the United States—
(1) sums appropriated for the Service may be
used for leasing space within the United
States and the territories and possessions of
the United States without regard to the following provisions of law:
(A) section 1341(a) of title 31,
(B) section 6301(a) and (b)(1) to (3) of title
41,
(C) chapter 45 of title 41,
(D) section 8141 of title 40,
(E) section 3324(a) and (b) of title 31,
(F) section 6306 of title 41, and
(G) section 3901 of title 41;
(2) sums appropriated for the Service may be
used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial
basis, without regard to the provisions of section 9102 of title 31;
(3) sums appropriated for the Service, and
the proceeds from the undercover operation,
may be deposited in banks or other financial
institutions without regard to the provisions
of section 648 of title 18 and of section 3302(a)
of title 31; and
(4) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation
without regard to the provisions of section
3302(b) of title 31.
The authority set forth in this subsection may
be exercised only upon written certification of
the Commissioner, in consultation with the Deputy Attorney General, that any action authorized by paragraph (1), (2), (3), or (4) is necessary
for the conduct of the undercover operation.
(b) Disposition of proceeds no longer required
As soon as practicable after the proceeds from
an undercover investigative operation, carried
out under paragraphs (3) and (4) of subsection (a)
of this section, are no longer necessary for the
conduct of the operation, the proceeds or the
balance of the proceeds remaining at the time
shall be deposited into the Treasury of the
United States as miscellaneous receipts.
(c) Disposition of certain corporations and business entities
If a corporation or business entity established
or acquired as part of an undercover operation
under paragraph (2) of subsection (a) of this section with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or
Commissioner’s
designee
determines
practicable, shall report the circumstances to the
Attorney General, the Director of the Office of
Management and Budget, and the Comptroller
General. The proceeds of the liquidation, sale, or
other disposition, after obligations are met,
shall be deposited in the Treasury of the United
States as miscellaneous receipts.