
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1330]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions
 
Sec. 1330. Collection of penalties and expenses

    (a) Notwithstanding any other provisions of this subchapter, the 
withholding or denial of clearance of or a lien upon any vessel or 
aircraft provided for in section 1221, 1224, 1253(c)(2), 1281, 1283, 
1284, 1285, 1286, 1321, 1322, or 1323 of this title shall not be 
regarded as the sole and exclusive means or remedy for the enforcement 
of payments of any fine, penalty or expenses imposed or incurred under 
such sections, but, in the discretion of the Attorney General, the 
amount thereof may be recovered by civil suit, in the name of the United 
States, from any person made liable under any of such sections.
    (b)(1) There is established in the general fund of the Treasury a 
separate account which shall be known as the ``Immigration Enforcement 
Account''. Notwithstanding any other section of this subchapter, there 
shall be deposited as offsetting receipts into the Immigration 
Enforcement Account amounts described in paragraph (2) to remain 
available until expended.
    (2) The amounts described in this paragraph are the following:
        (A) The increase in penalties collected resulting from the 
    amendments made by sections 203(b) and 543(a) of the Immigration Act 
    of 1990.
        (B) Civil penalties collected under sections 1229c(d), 1324c, 
    1324d, and 1325(b) of this title.

    (3)(A) The Secretary of the Treasury shall refund out of the 
Immigration Enforcement Account to any appropriation the amount paid out 
of such appropriation for expenses incurred by the Attorney General for 
activities that enhance enforcement of provisions of this subchapter. 
Such activities include--
        (i) the identification, investigation, apprehension, detention, 
    and removal of criminal aliens;
        (ii) the maintenance and updating of a system to identify and 
    track criminal aliens, deportable aliens, inadmissible aliens, and 
    aliens illegally entering the United States; and
        (iii) for the repair, maintenance, or construction on the United 
    States border, in areas experiencing high levels of apprehensions of 
    illegal aliens, of structures to deter illegal entry into the United 
    States.

    (B) The amounts which are required to be refunded under subparagraph 
(A) shall be refunded at least quarterly on the basis of estimates made 
by the Attorney General of the expenses referred to in subparagraph (A). 
Proper adjustments shall be made in the amounts subsequently refunded 
under subparagraph (A) to the extent prior estimates were in excess of, 
or less than, the amount required to be refunded under subparagraph (A).
    (C) The amounts required to be refunded from the Immigration 
Enforcement Account for fiscal year 1996 and thereafter shall be 
refunded in accordance with estimates made in the budget request of the 
Attorney General for those fiscal years. Any proposed changes in the 
amounts designated in such budget requests shall only be made after 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 605 of Public 
Law 104-134.
    (D) The Attorney General shall prepare and submit annually to the 
Congress statements of financial condition of the Immigration 
Enforcement Account, including beginning account balance, revenues, 
withdrawals, and ending account balance and projection for the ensuing 
fiscal year.

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 280, 66 Stat. 230; Pub. 
L. 101-649, title V, Sec. 542(a), Nov. 29, 1990, 104 Stat. 5057; Pub. L. 
103-416, title II, Sec. 219(s), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 
104-208, div. C, title III, Secs. 308(g)(4)(C), 382(a), Sept. 30, 1996, 
110 Stat. 3009-623, 3009-651.)

                       References in Text

    Sections 203(b) and 543(a) of the Immigration Act of 1990, referred 
to in subsec. (b)(2)(A), are sections 203(b) and 543(a) of Pub. L. 101-
649. Section 203(b) of the Act amended section 1281 of this title. 
Section 543(a) of the Act amended sections 1221, former 1227, 1229 (now 
1224), 1284, 1285, 1286, 1287, 1321, 1322, and 1323 of this title.
    Section 605 of Public Law 104-134, referred to in subsec. (b)(3)(C), 
is section 101[(a)] [title VI, Sec. 605] of Pub. L. 104-134, title I, 
Apr. 26, 1996, 110 Stat. 1321, 1321-63, which is not classified to the 
Code.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-208, Sec. 308(g)(4)(C), substituted 
``1224, 1253(c)(2)'' for ``1227, 1229, 1253''.
    Subsec. (b). Pub. L. 104-208, Sec. 382(a), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: 
``Notwithstanding section 3302 of title 31, the increase in penalties 
collected resulting from the amendments made by sections 203(b), 543(a), 
and 544 of the Immigration Act of 1990 shall be credited to the 
appropriation--
        ``(1) for the Immigration and Naturalization Service for 
    activities that enhance enforcement of provisions of this 
    subchapter, including--
            ``(A) the identification, investigation, and apprehension of 
        criminal aliens,
            ``(B) the implementation of the system described in section 
        1252(a)(3)(A) of this title, and
            ``(C) for the repair, maintenance, or construction on the 
        United States border, in areas experiencing high levels of 
        apprehensions of illegal aliens, of structures to deter illegal 
        entry into the United States; and
        ``(2) for the Executive Office for Immigration Review in the 
    Department of Justice for the purpose of removing the backlogs in 
    the preparation of transcripts of deportation proceedings conducted 
    under section 1252 of this title.''
    1994--Subsec. (b)(1)(C). Pub. L. 103-416 substituted ``maintenance'' 
for ``maintainance''.
    1990--Pub. L. 101-649 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1996 Amendment

    Amendment by section 308(g)(4)(C) 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.
    Section 382(c) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by this section [amending this section and section 1356 
of this title] shall apply to fines and penalties collected on or after 
the date of the enactment of this Act [Sept. 30, 1996].''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-416 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this 
title.


                    Effective Date of 1990 Amendment

    Section 542(b) of Pub. L. 101-649 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to fines and 
penalties collected on or after January 1, 1991.''
