
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1363a]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 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 11(a) of title 41,
            (C) section 255 of title 41,
            (D) section 34 of title 40,
            (E) section 3324(a) and (b) of title 31,
            (F) section 22 of title 41, and
            (G) subsections (a) and (c) \1\ of section 254 of title 41;
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    \1\ See References in Text note below.

        (2) 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 section 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 operation may be used to 
    offset necessary and reasonable 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 
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) of this section, 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) of this 
section 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, title II, ch. 9, Sec. 294, as added Pub. L. 
104-208, div. C, title II, Sec. 205(a), Sept. 30, 1996, 110 Stat. 3009-
567.)

                       References in Text

    Subsection (c) of section 254 of title 41, referred to in subsec. 
(a)(1)(G), was repealed by Pub. L. 103-355, title II, Sec. 2251(b), Oct. 
13, 1994, 108 Stat. 3320.

                          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'' substituted for ``section 304 of the Government 
Corporation 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 Statutes (31 U.S.C. 3302)'', on authority of Pub. L. 
97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of 
which enacted Title 31, Money and Finance.
