8 U.S.C. § 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)

section 9102 of title 31 sums appropriated for the Service may be used to establish or to acquire proprietary corporations 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 ;

(3)

section 648 of title 18 section 3302(a) of title 31 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 and of ; and

(4)

section 3302(b) of title 31 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 .

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 Pub. L. 104–208, div. C, title II, § 205(a)Sept. 30, 1996110 Stat. 3009–567(, title II, ch. 9, § 294, as added , , .)

Editorial Notes

Codification

section 1341(a) of title 31 31 U.S.C. 1341 31 U.S.C. 3324 section 9102 of title 31 31 U.S.C. 9102 section 3302(a) of title 31 31 U.S.C. 3302 section 3302(b) of title 31 31 U.S.C. 3302 Pub. L. 97–258, § 4(b)Sept. 13, 198296 Stat. 1067In subsec. (a)(1)(A), (E), (2) to (4), “” substituted for “section 3679(a) of the Revised Statutes ()”, “section 3324(a) and (b) of title 31” substituted for “section 3648 of the Revised Statutes ()”, “” substituted for “section 304 of the Government Corporation Control Act ()”, “” substituted for “section 3639 of the Revised Statutes ()”, and “” substituted for “section 3617 of the Revised Statutes ()”, on authority of , , , the first section of which enacted Title 31, Money and Finance.

41 U.S.C. 11(a)section 305 of the Act of June 30, 1949 63 Stat. 396 41 U.S.C. 255 section 6306 of title 41 41 U.S.C. 22 Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854In 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 ()”, “chapter 45 of title 41” substituted for “ (; )”, and “” substituted for “section 3741 of the Revised Statutes ()” on authority of , , , which Act enacted Title 41, Public Contracts.

section 8141 of title 40March 3, 187719 Stat. 370 40 U.S.C. 34 Pub. L. 107–217, § 5(c)Aug. 21, 2002116 Stat. 1303In subsec. (a)(1)(D), “” substituted for “the third undesignated paragraph under the heading ‘Miscellaneous’ of the Act of (; )” on authority of , , , the first section of which enacted Title 40, Public Buildings, Property, and Works.

section 3901 of title 41 63 Stat. 395 41 U.S.C. 254(a)Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854 Pub. L. 103–355, title II, § 2251(b)Oct. 13, 1994108 Stat. 3320In subsec. (a)(1)(G), “” substituted for “subsections (a) and (c) of section 304 of the Federal Property and Administrative Services Act of 1949 (; and (c))” on authority of , , , which Act enacted Title 41, Public Contracts and because subsec. (c) was previously repealed by , , .

Statutory Notes and Related Subsidiaries

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .