8 U.S.C. § 1363a — Undercover investigation authority

Page 447 TITLE 8—ALIENS AND NATIONALITY § 1363a (June 27, 1952, ch. 477, title II, ch. 9, § 291, 66 Stat. 234; Pub. L. 97–116, § 18(k)(1), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 104–208, div. C, title III, § 308(d)(4)(N), (e)(1)(N), (g)(9)(A), Sept. 30, 1996, 110 Stat. 3009–618, 3009–619, 3009–624.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1996—Pub. L. 104–208, § 308(g)(9)(A), substituted ‘‘part IV’’ for ‘‘Part V’’. Pub. L. 104–208, § 308(e)(1)(N), substituted ‘‘removal’’ for ‘‘deportation’’. Pub. L. 104–208, § 308(d)(4)(N), substituted ‘‘inadmis- sible’’ for ‘‘subject to exclusion’’ in two places. 1981—Pub. L. 97–116 substituted ‘‘immigrant, special immigrant, immediate relative, or refugee’’ for ‘‘quota immigrant, or nonquota immigrant’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, 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. § 1362. Right to counsel In any removal proceedings before an immi- gration judge and in any appeal proceedings be- fore the Attorney General from any such re- moval proceedings, the person concerned shall have the privilege of being represented (at no ex- pense to the Government) by such counsel, au- thorized 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.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208, § 371(b)(9), substituted ‘‘an im- migration judge’’ for ‘‘a special inquiry officer’’. Pub. L. 104–208, § 308(d)(4)(O), substituted ‘‘removal’’ for ‘‘exclusion or deportation’’ in two places. Statutory Notes and Related Subsidiaries 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 ef- fective 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 depos- ited 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 sys- tem 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 Treas- ury 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 immi- gration bond shall be subject to the same dis- position as prescribed for the principal cash, ex- cept that interest accruing to the date of breach of the immigration bond shall be paid to the ob- ligor 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.) Statutory Notes and Related Subsidiaries 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 fol- lowing 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, Page 448 TITLE 8—ALIENS AND NATIONALITY § 1363b (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- porations or business entities as part of an un- dercover operation, and to operate such cor- porations or business entities on a commercial basis, without regard to the provisions of sec- tion 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 oper- ation may be used to offset necessary and rea- sonable 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 Dep- uty Attorney General, that any action author- ized 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 depos- ited into the Treasury of the United States as miscellaneous receipts. (c) Disposition of certain corporations and busi- ness 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 Di- rector 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.) Editorial Notes 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’’ sub- stituted for ‘‘section 304 of the Government Corpora- tion 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 Stat- utes (31 U.S.C. 3302)’’, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. In subsec. (a)(1)(B), (C), (F), ‘‘section 6301(a) and (b)(1) to (3) of title 41’’ substituted for ‘‘section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))’’, ‘‘chapter 45 of title 41’’ substituted for ‘‘section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255)’’, and ‘‘section 6306 of title 41’’ substituted for ‘‘section 3741 of the Revised Statutes (41 U.S.C. 22)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(1)(D), ‘‘section 8141 of title 40’’ sub- stituted for ‘‘the third undesignated paragraph under the heading ‘Miscellaneous’ of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. In subsec. (a)(1)(G), ‘‘section 3901 of title 41’’ sub- stituted for ‘‘subsections (a) and (c) of section 304 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 395; 41 U.S.C. 254(a) and (c))’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts and be- cause subsec. (c) was previously repealed by Pub. L. 103–355, title II, § 2251(b), Oct. 13, 1994, 108 Stat. 3320. Statutory Notes and Related Subsidiaries 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. § 1363b. Repealed. Pub. L. 105–277, div. A, § 101(b) [title I, § 109(b)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67 Section, act June 27, 1952, ch. 477, title II, ch. 9, § 295, as added Pub. L. 104–208, div. C, title VI, § 626(a), Sept. 30, 1996, 110 Stat. 3009–700, related to transportation of remains of immigration officers and border patrol agents killed in the line of duty. Pub. L. 105–277, which directed the repeal of section 626 of the Illegal Immi- gration Reform and Immigrant Responsibility Act of 1996, which is section 626 of Pub. L. 104–208, div. C, title VI, Sept. 30, 1996, 110 Stat. 3009–700, was executed by re- pealing this section, which was section 295 of the Immi- gration and Nationality Act and was enacted by section 626(a) of Pub. L. 104–208, to reflect the probable intent of Congress. § 1364. Triennial comprehensive report on immi- gration (a) Triennial report The President shall transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report. (b) Details in each report Each report shall include— (1) the number and classification of aliens admitted (whether as immediate relatives, special immigrants, refugees, or under the preferences classifications, or as non-