§ 1330. Collection of penalties and expenses

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1330

   June 27, 1952, ch. 477, title II, ch. 8, § 280, 66 Stat. 230

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 8, § 280, 66 Stat. 230

2. 1990

   Immigration Act of 1990

   Pub. L. 101–649 title V § 542(a) · 104 Stat. 4978

   1. Amended · 8 U.S.C. § 1330

      Pub. L. 101–649 designated existing provisions as subsec. (a)

   2. Added · 8 U.S.C. § 1330

      Pub. L. 101–649 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 101–649 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (a) In General.— Section 280 (8 U.S.C. 1330) is amended— (1) by inserting “(a)” after “280.”, and (2) by adding at the end the following new subsection: “(b) Notwithstanding section 3302 of title 31, United States Code, 8 USC 1330 note. 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 title, including— “(A) the identification, investigation, and apprehension of criminal aliens, “(B) the implementation of the system described in section 242(a)(3)(A), and “(C) for the repair, maintainance, 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 242.”.

3. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 title II § 219(s) · 108 Stat. 4305

   Substituted · 8 U.S.C. § 1330(b)(1)(C)

   Pub. L. 103–416 substituted “maintenance” for “maintainance”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C). Pub. L. 103–416 substituted “maintenance” for “maintainance”.

   Enacted provision · exact public law section
   (s) Section 280(b)(l)(C) of the Immigration and Nationality Act (8 U.S.C. 1330(b)(1)(C)) is amended by striking “maintainance” and inserting “maintenance”.

4. 1996

   Department of Education Appropriations Act, 1997

   Pub. L. 104–208 § 308(g)(4)(C) · 110 Stat. 3009

   Substituted · 8 U.S.C. § 1330(a)

   Pub. L. 104–208, § 308(g)(4)(C), substituted “1224, 1253(c)(2)” for “1227, 1229, 1253”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–208, § 308(g)(4)(C), substituted “1224, 1253(c)(2)” for “1227, 1229, 1253”.

   Enacted provision · exact public law section
   Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

   Effective date note
   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. Pub. L. 104–208, div. C, title III, § 382(c), Sept. 30, 1996, 110 Stat. 3009–651, 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].”

5. 1996

   Pub. L. 104–208 § 382(a) · 110 Stat. 3009

   Amended · 8 U.S.C. § 1330(b)

   Pub. L. 104–208, § 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—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–208, § 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.”

   Enacted provision · exact public law section
   (a) In General.— Subsection (b) of section 280 (8 U.S.C. 1330) is amended to read as follows: “(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 title, 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 240B(d), 274C, 274D, and 275(b). “(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 title. 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.”.

   Effective date note
   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. Pub. L. 104–208, div. C, title III, § 382(c), Sept. 30, 1996, 110 Stat. 3009–651, 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].”

5 of 6 references resolved to an enrolled provision · 1 partial