6 U.S.C. § 381 — Functions transferred

Page 209 TITLE 6—DOMESTIC SECURITY § 382 PART B—INSPECTOR GENERAL § 371. Repealed. Pub. L. 108–7, div. L, § 104(c)(1), Feb. 20, 2003, 117 Stat. 531 Section, Pub. L. 107–296, title VIII, § 811, Nov. 25, 2002, 116 Stat. 2221, related to authority of Secretary of Homeland Security with respect to Inspector General. PART C—UNITED STATES SECRET SERVICE § 381. Functions transferred In accordance with subchapter XII, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the United States Secret Service, which shall be main- tained as a distinct entity within the Depart- ment, including the functions of the Secretary of the Treasury relating thereto. (Pub. L. 107–296, title VIII, § 821, Nov. 25, 2002, 116 Stat. 2224.) § 382. Use of proceeds derived from criminal in- vestigations (a) United States Secret Service use of proceeds derived from criminal investigations During fiscal year 2014 and thereafter, with re- spect to any undercover investigative operation of the United States Secret Service (hereafter referred to in this section as the ‘‘Secret Serv- ice’’) that is necessary for the detection and prosecution of crimes against the United States— (1) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years, may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to sections 1341 and 3324 of title 31, sec- tion 8141 of title 40, sections 6301(a), (b)(1) to (3) and 6306(a) of title 41, and section 3901 and chapter 45 of title 41; (2) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years, may be used to establish or to acquire proprietary corporations or busi- ness entities as part of such undercover oper- ation, and to operate such corporations or business entities on a commercial basis, with- out regard to sections 9102 and 9103 of title 31; (3) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to section 648 of title 18 and section 3302 of title 31; and (4) proceeds from such undercover operation may be used to offset necessary and reason- able expenses incurred in such operation, without regard to section 3302 of title 31. (b) Written certification The authority set forth in subsection (a) may be exercised only upon the written certification of the Director of the Secret Service or designee that any action authorized by any paragraph of such subsection is necessary for the conduct of an undercover investigative operation. Such cer- tification shall continue in effect for the dura- tion of such operation, without regard to fiscal years. (c) Deposit of proceeds in Treasury As soon as practicable after the proceeds from an undercover investigative operation with re- spect to which an action is authorized and car- ried out under paragraphs (3) and (4) of sub- section (a) are no longer necessary for the con- duct of such operation, such proceeds or the bal- ance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts. (d) Reporting and deposit of proceeds upon dis- position of certain business entities If a corporation or business entity established or acquired as part of an undercover investiga- tive operation under paragraph (2) of subsection (a) with a net value of over $50,000 is to be liq- uidated, sold, or otherwise disposed of, the Se- cret Service, as much in advance as the Director or designee determines is practicable, shall re- port the circumstance to the Secretary of Home- land Security. 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. (e) Financial audits and reports (1) The Secret Service shall conduct detailed financial audits of closed undercover investiga- tive operations for which a written certification was made pursuant to subsection (b) on a quar- terly basis and shall report the results of the au- dits in writing to the Secretary of Homeland Se- curity. (2) The Secretary of Homeland Security shall annually submit to the Committees on Appro- priations of the Senate and House of Represent- atives, at the time that the President’s budget is submitted under section 1105(a) of title 31, a summary of such audits. (Pub. L. 109–295, title V, § 532, Oct. 4, 2006, 120 Stat. 1384; Pub. L. 110–161, div. E, title V, § 527, Dec. 26, 2007, 121 Stat. 2074; Pub. L. 110–329, div. D, title V, § 520, Sept. 30, 2008, 122 Stat. 3684; Pub. L. 111–83, title V, § 519, Oct. 28, 2009, 123 Stat. 2171; Pub. L. 112–10, div. B, title VI, § 1652, Apr. 15, 2011, 125 Stat. 147; Pub. L. 112–74, div. D, title V, § 518, Dec. 23, 2011, 125 Stat. 972; Pub. L. 113–6, div. D, title V, § 518, Mar. 26, 2013, 127 Stat. 369; Pub. L. 113–76, div. F, title V, § 518, Jan. 17, 2014, 128 Stat. 272.) Editorial Notes CODIFICATION In subsec. (a)(1), ‘‘sections 6301(a), (b)(1) to (3) and 6306(a) of title 41,’’ substituted for ‘‘sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22),’’ and ‘‘section 3901 and chapter 45 of title 41’’ substituted for ‘‘sections 304(a) and 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C 254(a) and 255)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. Section was enacted as part of the appropriation act cited in the credit to this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.