Federal · Title 19 — Customs Duties

19 U.S.C. § 2081: Undercover investigative operations of Customs Service

Civil

What this law says, in plain English

This statute authorizes the Customs Service to conduct undercover operations, establish business entities for those operations, manage financial proceeds, and requires reporting to Treasury and Congress on undercover activities.

Read the full statutory text
sections 1341 and 3324 of title 31, sections 6301(a) and (b)(1) to (3) and 6306 of title 41, chapter 45 of title 41, section 8141 of title 40 , and section 3901 of title 41 , and to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31; sums authorized to be 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 section 3302 of title 31 ; and 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 of title 31 ; If a corporation or business entity established or acquired as part of an undercover operation under paragraph (1)(B) of subsection (a) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his designee determines is practicable, shall report the circumstances to the Secretary of the Treasury. 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. As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under paragraphs (2) and (3) of subsection (a) of this section 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 into the Treasury of the United States as miscellaneous receipts. submit the results of the audit in writing to the Secretary of the Treasury; and not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted; the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and the number, by programs, of undercover investigative operations closed in the 1-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto. all criminal proceedings (other than appeals) are concluded, or covert activities are concluded, whichever occurs later. The term “employees” means employees, as defined in section 2105 of title 5 , of the Service. the gross receipts (excluding interest earned) exceed $50,000, or expenditures (other than expenditures for salaries of employees) exceed $150,000; and which is exempt from section 3302 or 9102 of title 31;

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