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8 U.S.C. § 1363a — Undercover investigation authority
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341/a&num=0&edition=prelim),
(B) section 6301(a) and (b)(1) to (3) of title 41,
(C) chapter 45 of title 41,
(D) [section 8141 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8141&num=0&edition=prelim),
(E) section 3324(a) and (b) of title 31,
(F) [section 6306 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6306&num=0&edition=prelim), and
(G) [section 3901 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9102&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section648&num=0&edition=prelim) and of [section
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Stable record: federal_law:legal_authorities:record_usc_bf8246f58a0094bfb07af16d
Source file: Laws/federal/codes/united-states-code/title-8/section-1363a-undercover-investigation-authority--59bc1cc13e.md
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Passage SHA-256: 53acb1891dd6c8026a973838ffba53aa500196c851d5d3991130c2029f03a2c9
Source location: Title 8, Chapter 12, § 1363a; chapter-012-immigration-and-nationality.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341/a&num=0&edition=prelim),
(B) section 6301(a) and (b)(1) to (3) of title 41,
(C) chapter 45 of title 41,
(D) [section 8141 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8141&num=0&edition=prelim),
(E) section 3324(a) and (b) of title 31,
(F) [section 6306 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6306&num=0&edition=prelim), and
(G) [section 3901 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9102&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section648&num=0&edition=prelim) and of [section 3302(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302/a&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302/b&num=0&edition=prelim).
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.
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Federal law — U.S. Code and appendices · legal_authorities
Whoever, being an officer or other person charged by any Act of Congress with the safe-keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or exchanges for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined under this title or in a sum equal to the amount of money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 648
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in this section, a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.
**(b)** An advance of public money may be made only if it is authorized by—
(1) a specific appropriation or other law; or
(2) the President to be made to—
(A) a disbursing official if the President decides the advance is necessary to carry out—
(i) the duties of the official promptly and faithfully; and
(ii) an obligation of the Government; or
(B) an individual serving in the armed forces at a distant station if the President decides the advance is necessary to disburse regularly pay and allowances.
**(c)** Before the Secretary of the Treasury acts on a requisition for an advance, the Comptroller General shall act on the requisition under [section 3522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3522&num=0&edition=prelim). The Comptroller General does not countersign a requisition for an advance.
**(d)** The head of an agency may pay in advance from appropriations available for the purpose—
(1) to the Secretary of the Army, charges for messages sent by the Secretary of the Army for the head of the agency, including charges for—
(A) payment of tolls of commercial carriers;
(B) leasing facilities for sending messages; and
(C) installing and maintaining facilities for sending messages; and
(2) charges for a publication printed or recorded in any way for the auditory or visual use of the agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3324
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A Member of Congress may not enter into or benefit from a contract or agreement or any part of a contract or agreement with the Federal Government.
**(b) Exemptions.—**
(1) **In general.—** — Subsection (a) does not apply to contracts that the Secretary of Agriculture may enter into with farmers.
(2) **Certain acts.—** — Subsection (a) does not apply to a contract entered into under—
(A) the Agricultural Adjustment Act ([7 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section601&num=0&edition=prelim) et seq.);
(B) the Farm Credit Act of 1971 ([12 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2001&num=0&edition=prelim) et seq.); or
(C) the Home Owners’ Loan Act ([12 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1461&num=0&edition=prelim) et seq.).
(3) **Public record.—** — An exemption under this subsection shall be made a matter of public record.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6306
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Federal law — U.S. Code and appendices · legal_authorities
A contract shall not be made for the rent of a building, or part of a building, to be used for the purposes of the Federal Government in the District of Columbia until Congress enacts an appropriation for the rent. This section is deemed to be notice to all contractors or lessors of the building or a part of the building.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8141
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without—
(1) lending the money;
(2) using the money;
(3) depositing the money in a bank; and
(4) exchanging the money for other amounts.
**(b)** Except as provided in section 3718(b) 11 See References in Text note below. of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim.
**(c)**
(1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian.
(2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1).
**(d)** An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to w
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized Types.—** Except as provided in [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3905&num=0&edition=prelim), contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government.
**(b) Required Warranty.—**
(1) **Content.—** — Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable warranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business.
(2) **Remedy for breach or violation.—** — For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee.
(3) **Nonapplication.—** — Paragraph (1) does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial products or commercial services.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
An agency may establish or acquire a corporation to act as an agency only by or under a law of the United States specifically authorizing the action.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not—
(A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;
(B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;
(C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or
(D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.
**(b)** An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation.
**(c)**
(1) In this subsection—
(A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018;
(B) the term “District of Columbia public employer” means—
(i) the District of Columbia Courts;
(ii) the Public Defender Service for the District of Columbia; or
(iii) the District of Columbia government;
(C) the term “employee” includes an officer; and
(D) the term “excepted employee” means an excepted employee or an employee performing
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1341
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Federal law — U.S. Code and appendices · legal_authorities
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 tr
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1363a
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