8 Usc 1363

§ 1363

TITLE 8—ALIENS AND NATIONALITY

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. 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 cor-

Page 424

porations 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), 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) 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.
(d) Financial audits
The Service shall conduct detailed financial
audits of closed undercover operations on a
quarterly basis and shall report the results of
the audits in writing to the Deputy Attorney
General.
(June 27, 1952, ch. 477, title II, ch. 9, § 294, as
added Pub. L. 104–208, div. C, title II, § 205(a),
Sept. 30, 1996, 110 Stat. 3009–567.)
CODIFICATION
In subsec. (a)(1)(A), (E), (2) to (4), ‘‘section 1341(a) of
title 31’’ substituted for ‘‘section 3679(a) of the Revised
Statutes (31 U.S.C. 1341)’’, ‘‘section 3324(a) and (b) of
title 31’’ substituted for ‘‘section 3648 of the Revised
Statutes (31 U.S.C. 3324)’’, ‘‘section 9102 of title 31’’ substituted for ‘‘section 304 of the Government Corporation Control Act (31 U.S.C. 9102)’’, ‘‘section 3302(a) of
title 31’’ substituted for ‘‘section 3639 of the Revised
Statutes (31 U.S.C. 3302)’’, and ‘‘section 3302(b) of title
31’’ substituted for ‘‘section 3617 of the Revised Statutes (31 U.S.C. 3302)’’, on authority of Pub. L. 97–258,