8 U.S.C. § 1330 : US Code - Section 1330: Collection of penalties and expenses

Search 8 U.S.C. § 1330 : US Code - Section 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.