§ 382. Use of proceeds derived from criminal investigations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Pub. L. 109–295 title V § 532 · 120 Stat. 1355

   Enacted · 6 U.S.C. § 382

   Pub. L. 109–295, title V, § 532, Oct. 4, 2006, 120 Stat. 1384

   Source evidence

   Code source credit
   Pub. L. 109–295, title V, § 532, Oct. 4, 2006, 120 Stat. 1384

   Enacted provision · exact public law section
   Sec. 532. (a) United States Secret Service Use of Proceeds Derived From Criminal Investigations.— During fiscal year 2007, with respect to any undercover investigative operation of the United States Secret Service (hereafter referred to in this section as the “Secret Service”) 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, United States Code, section 8141 of title 40, United States Code, sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22), and sections 304(a) and 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C 254(a) and 255); (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 business entities as part of such undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31, United States Code; (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, United States Code; and (4) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31, United States Code. (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 certification shall continue in effect for the duration 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 respect to which an action is authorized and carried out under paragraphs (3) and (4) of subsection (a) are no longer necessary for the conduct of such operation, such proceeds or the balance 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 Disposition of Certain Business Entities.— If a corporation or business entity established or acquired as part of an undercover investigative 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 Secret Service, as much in advance as the Director or designee determines is practicable, shall report the circumstance to the Secretary of Homeland 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 investigative operations for which a written certification was made pursuant to subsection (b) on a quarterly basis and shall report the results of the audits in writing to the Secretary of Homeland Security. (2) The Secretary of Homeland Security shall annually submit to the Committees on Appropriations of the Senate and House of Representatives, at the time that the President’s budget is submitted under section 1105(a) of title 31, a summary of such audits.

2. 2007

   Consolidated Appropriations Act, 2008

   Pub. L. 110–161 div. E title V § 527 · 121 Stat. 1844

   Substituted · 6 U.S.C. § 382(a)

   Pub. L. 110–161 substituted “2008” for “2007” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–161 substituted “2008” for “2007” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 527. None of the funds appropriated or otherwise made available by this Act may be made available for a public-private competition conducted under Office of Management and Budget Circular A–76 or to convert a function performed by Federal employees to private sector performance without such a competition unless a representative designated by a majority of the employees engaged in the performance of the activity or function for which the public-private competition is conducted or which is to be converted without such a competition is treated as an interested party with respect to such competition or decision to convert to private sector performance for purposes of subchapter V of chapter 35 of title 31, United States Code.

3. 2008

   Department of Homeland Security Appropriations Act, 2009

   Pub. L. 110–329 div. D title V § 520 · 122 Stat. 3574

   Substituted · 6 U.S.C. § 382(a)

   Pub. L. 110–329 substituted “2009” for “2008” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–329 substituted “2009” for “2008” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 520. Section 532(a) of Public Law 109–295 (120 Stat. 1384) is amended by striking “2008” and inserting “2009”.

4. 2009

   Department of Homeland Security Appropriations Act, 2010

   Pub. L. 111–83 title V § 519 · 123 Stat. 2142

   Substituted · 6 U.S.C. § 382(a)

   Pub. L. 111–83 substituted “2010” for “2009” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–83 substituted “2010” for “2009” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 519. Section 532(a) of Public Law 109–295 (120 Stat. 1384) is amended by striking “2009” and inserting “2010”.

5. 2011

   Full-Year Continuing Appropriations Act, 2011

   Pub. L. 112–10 div. B title VI § 1652 · 125 Stat. 147

   Substituted · 6 U.S.C. § 382(a)

   Pub. L. 112–10 substituted “2011” for “2010” in introductory provisions

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–10 substituted “2011” for “2010” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 1652. Section 532(a) of Public Law 109–295 (120 Stat. 1384) is amended by striking “2010” and inserting “2011”.

6. 2011

   Department of Homeland Security Appropriations Act, 2012

   Pub. L. 112–74 div. D title V § 518 · 125 Stat. 972

   Substituted · 6 U.S.C. § 382(a)

   Pub. L. 112–74 substituted “2012” for “2011” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–74 substituted “2012” for “2011” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 518. Section 532(a) of Public Law 109–295 (120 Stat. 1384) is amended by striking “2011” and inserting “2012”.

7. 2013

   Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013

   Pub. L. 113–6 div. D title V § 518 · 127 Stat. 198

   Substituted · 6 U.S.C. § 382(a)

   Pub. L. 113–6 substituted “2013” for “2012” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–6 substituted “2013” for “2012” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 518. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) President. Determination. Federal Register, publication. The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. Termination. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.

8. 2014

   Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014

   Pub. L. 113–76 div. F title V § 518 · 128 Stat. 5

   Substituted · 6 U.S.C. § 382(a)

   Pub. L. 113–76 substituted “2014 and thereafter” for “2013” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–76 substituted “2014 and thereafter” for “2013” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 518. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition.

8 of 8 references resolved to an enrolled provision