Collapse to view only § 381. Functions transferred
- § 381. Functions transferred
- § 382. Use of proceeds derived from criminal investigations
- § 383. National Computer Forensics Institute
§ 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 maintained as a distinct entity within the Department, 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 investigations
(a) United States Secret Service use of proceeds derived from criminal investigations
During fiscal year 2014 and thereafter, 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, section 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 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;
(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 reasonable expenses incurred in such operation, without regard to section 3302 of title 31.
(b) Written certification
(c) Deposit of proceeds in Treasury
(d) Reporting and deposit of proceeds upon disposition of certain business entities
(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.
(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.)
§ 383. National Computer Forensics Institute
(a) In general; mission
(b) Curriculum
In furtherance of subsection (a), all education and training of the Institute shall be conducted in accordance with relevant Federal law regarding privacy, civil rights, and civil liberties protections. Education and training provided pursuant to subsection (a) shall relate to the following:
(1) Investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, including relating to instances involving illicit use of digital assets and emerging trends in cybersecurity and electronic crime.
(2) Conducting forensic examinations of computers, mobile devices, and other information systems.
(3) Prosecutorial and judicial considerations related to cybersecurity incidents, electronic crimes, related cybersecurity threats, and forensic examinations of computers, mobile devices, and other information systems.
(4) Methods to obtain, process, store, and admit digital evidence in court.
(c) Principles
(d) Equipment
(e) Cyber Fraud Task Forces
(f) Savings provision
(g) Expenses
(h) Annual reports to Congress
(1) In general
The Secretary shall include in the annual report required under section 1116 of title 31 information regarding the activities of the Institute, including, where possible, the following:
(A) An identification of jurisdictions with recipients of the education and training provided pursuant to subsection (a) during such year.
(B) Information relating to the costs associated with that education and training.
(C) Any information regarding projected future demand for the education and training provided pursuant to subsection (a).
(D) Impacts of the activities of the Institute on the capability of jurisdictions to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats.
(E) A description of the nomination process for potential recipients of the information and training provided pursuant to subsection (a).
(F) Any other issues determined relevant by the Secretary.
(2) Exception
(i) Definitions
In this section:
(1) Cybersecurity threat
(2) Incident
(3) Information system
(Pub. L. 107–296, title VIII, § 822, as added Pub. L. 115–76, § 2(a), Nov. 2, 2017, 131 Stat. 1246; amended Pub. L. 117–263, div. G, title LXXI, § 7123, Dec. 23, 2022, 136 Stat. 3641.)