Title 8, Aliens and NationalityRelease 119-110
§1363a Undercover Investigation Authority
Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part IX — Miscellaneous › § 1363a
Summary
Allows the Service to spend its money for undercover work in ways that skip some normal federal rules. It can rent space in the United States and its territories, set up or buy and run secret companies, put operation funds in banks, and use money the operation earns to pay reasonable operation costs. The Commissioner must write a statement, after talking with the Deputy Attorney General, saying each action is necessary before it can be used. When undercover money is no longer needed, it must be put into the U.S. Treasury as miscellaneous receipts. If a fake company used in an operation has a net value over $50,000 and will be sold or closed, the Service must notify the Attorney General, the Director of the Office of Management and Budget, and the Comptroller General in advance. Closed operations must have detailed financial audits every quarter, and the audit reports must be sent in writing to the Deputy Attorney General.
Full Legal Text
Title 8, §1363a
Aliens and Nationality, Source: USLM XML via OLRC
(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,
(E)section 3324(a) and (b) of title 31,
(F)section 6306 of title 41, and
(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), 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. In 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 (41 U.S.C. 11(a))”, “chapter 45 of title 41” substituted for “section 305 of the Act of
June 30, 1949 (63 Stat. 396; 41 U.S.C. 255)”, and “section 6306 of title 41” substituted for “section 3741 of the Revised Statutes (41 U.S.C. 22)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(1)(D), “section 8141 of title 40” substituted for “the third undesignated paragraph under the heading ‘Miscellaneous’ of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. In subsec. (a)(1)(G), “section 3901 of title 41” substituted for “subsections (a) and (c) of section 304 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 395; 41 U.S.C. 254(a) and (c))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts and because subsec. (c) was previously repealed by Pub. L. 103–355, title II, § 2251(b), Oct. 13, 1994, 108 Stat. 3320.
Statutory Notes and Related Subsidiaries
Abolition of Immigration and Naturalization Service and
Transfer of Functions
For abolition of Immigration and Naturalization Service,
Transfer of Functions
, and treatment of related references, see note set out under section 1551 of this title.
Reference
Citations & Metadata
Citation
8 U.S.C. § 1363a
Title 8, Aliens and Nationality
Last Updated
Sep 22, 2026
Release point: 119-110