Pub. L. 102-395, tit. I, sec. 112

Sec. 112. Section 286 of the Immigration and Nationality Act of 1952, as amended, is further amended by adding at the end the following new paragraph: “(r) Breached Bond/Detention Account.— “(1) Notwithstanding any other provision of law, there is established in the general fund of the Treasury a separate account which shall be known as the Breached Bond/Detention Fund (hereafter referred to as the Fund). “(2) There shall be deposited as offsetting receipts into the Fund all breached cash and surety bonds, in excess of $8,000,000, posted under the Immigration and Nationality Act of 1952, as amended, which are recovered by the Department of Justice. “(3) Such amounts as are deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly basis, to the Immigration and Naturalization Service for the following purposes— “(i) for expenses incurred in the collection of breached bonds, and “(ii) for expenses associated with the detention of illegal aliens. “(4) The amount required to be refunded from the Breached Bond/Detention Fund for fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, 106 STAT. 1844That any proposed changes in the amounts designated in said 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 606 of this Act. “(5) The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the account, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. “(6) For fiscal year 1993 only, the Attorney General may transfer up to $1,000,000 from the Immigration User Fee Account to the Breached Bond/Detention Fund for initial expenses necessary to enhance collection efforts: Provided, That any such transfers shall be refunded from the Breached Bond/ Detention Fund back to the Immigration User Fee Account by December 31, 1993.”.