Page:United States Statutes at Large Volume 100 Part 4.djvu/370

 100 STAT. 3207-91

PUBLIC LAW 99-570—OCT. 27, 1986 (i) sections 1341 and 3324 of title 31, United States Code, (ii) sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22), (iii) section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255),

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(iv) the t h i r d undesignated paragraph under the heading "Miscellaneous of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), and (v) section 304(a) and (c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a) and (c)), and (B) to establish or to acquire proprietary corporations or business entities a s part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without r e g a r d to sections 9102 and 9103 of title 31, United States Code;

(2) 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, United States Code, and section 3302 of title 31, United States Code; and (3) 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, United States Code; only upon the written certification of the Commissioner of Customs (or, if designated by the Commissioner the Deputy or an Assistant Commissioner of Customs) that any action authorized by paragraph (1), (2), or (3) of this subsection is necessary for the conduct of such undercover operation. (b) LIQUIDATION OF CORPORATIONS AND BUSINESS ENTITIES.—If a

Reports. Reports.

corporation or business entity established or acquired as part of an undercover operation under paragraph (I)(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 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. (c) DEPOSIT OF PROCEEDS.—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) 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. (d) AUDITS.—(1) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year, and (A) submit the results of the audit in writing to the Secretary of the Treasury; and (B) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. (2) The Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations—

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