Part C—United States Secret Service

§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

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.

(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.)

Editorial Notes

Codification

In subsec. (a)(1), "sections 6301(a), (b)(1) to (3) and 6306(a) of title 41," substituted for "sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22)," and "section 3901 and chapter 45 of title 41" substituted for "sections 304(a) and 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C 254(a) and 255)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Section was enacted as part of the appropriation act cited in the credit to this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Amendments

2014—Subsec. (a). Pub. L. 113–76 substituted "2014 and thereafter" for "2013" in introductory provisions.

2013—Subsec. (a). Pub. L. 113–6 substituted "2013" for "2012" in introductory provisions.

2011—Subsec. (a). Pub. L. 112–74 substituted "2012" for "2011" in introductory provisions.

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

2009—Subsec. (a). Pub. L. 111–83 substituted "2010" for "2009" in introductory provisions.

2008—Subsec. (a). Pub. L. 110–329 substituted "2009" for "2008" in introductory provisions.

2007—Subsec. (a). Pub. L. 110–161 substituted "2008" for "2007" in introductory provisions.

§383. National Computer Forensics Institute

(a) In general; mission

There is authorized for fiscal years 2023 through 2028 within the United States Secret Service a National Computer Forensics Institute (in this section referred to as the "Institute"). The Institute's mission shall be to educate, train, and equip State, local, territorial, and Tribal law enforcement officers, prosecutors, and judges, as well as participants in the United States Secret Service's network of cyber fraud task forces who are Federal employees, members of the uniformed services, or State, local, Tribal, or territorial employees, regarding the investigation and prevention of cybersecurity incidents, electronic crimes, and related cybersecurity threats, including through the dissemination of homeland security information, in accordance with relevant Federal law regarding privacy, civil rights, and civil liberties protections.

(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

In carrying out the functions specified in subsection (b), the Institute shall ensure, to the extent practicable, that timely, actionable, and relevant expertise and information related to cybersecurity incidents, electronic crimes, and related cybersecurity threats is shared with recipients of education and training provided pursuant to subsection (a). When selecting participants for such training, the Institute shall prioritize, to the extent reasonable and practicable, providing education and training to individuals from geographically-diverse jurisdictions throughout the United States, and the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and other employees.

(d) Equipment

The Institute may provide recipients of education and training provided pursuant to subsection (a) with computer equipment, hardware, software, manuals, and tools for investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, and for forensic examinations of computers, mobile devices, and other information systems.

(e) Cyber Fraud Task Forces

The Institute shall facilitate the expansion of the network of Cyber Fraud Task Forces of the United States Secret Service through the addition of recipients of education and training provided pursuant to subsection (a) educated and trained by the Institute.

(f) Savings provision

All authorized activities and functions carried out by the Institute at any location as of the day before November 2, 2017, are authorized to continue to be carried out at any such location on and after such date.

(g) Expenses

The Director of the United States Secret Service may pay for all or a part of the education, training, or equipment provided by the Institute, including relating to the travel, transportation, and subsistence expenses of recipients of education and training provided pursuant to subsection (a).

(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

Any information required under paragraph (1) that is submitted as part of the annual budget submitted by the President to Congress under section 1105 of title 31 is not required to be included in the report required under paragraph (1).

(i) Definitions

In this section:

(1) Cybersecurity threat

The term "cybersecurity threat" has the meaning given such term in section 1501 of this title.

(2) Incident

The term "incident" has the meaning given such term in section 659(a) ¹ of this title.

(3) Information system

The term "information system" has the meaning given such term in section 1501(9) of this title.

(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.)

Editorial Notes

References in Text

Section 659(a) of this title, referred to in subsec. (i)(2), was amended by Pub. L. 117–263, §7143(b)(2)(D)(i), and no longer defines the term "incident". Reference to term "incident" as defined in this chapter deemed to be a reference to that term as defined in section 650(12) of this title, see section 7143(f)(2) of Pub. L. 117–263, set out as a Rule of Construction note under section 650 of this title.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §7123(1), substituted, in heading, "In general; mission" for "In general", in first sentence, "2023 through 2028" for "2017 through 2022", and, in second sentence, "The Institute's mission shall be to educate, train, and equip State, local, territorial, and Tribal law enforcement officers, prosecutors, and judges, as well as participants in the United States Secret Service's network of cyber fraud task forces who are Federal employees, members of the uniformed services, or State, local, Tribal, or territorial employees, regarding the investigation and prevention of cybersecurity incidents, electronic crimes, and related cybersecurity threats, including through the dissemination of homeland security information, in accordance with relevant Federal law regarding privacy, civil rights, and civil liberties protections." for "The Institute shall disseminate information related to the investigation and prevention of cyber and electronic crime and related threats, and educate, train, and equip State, local, tribal, and territorial law enforcement officers, prosecutors, and judges."

Subsec. (b). Pub. L. 117–263, §7123(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to the functions of the Institute.

Subsec. (c). Pub. L. 117–263, §7123(3), substituted "cybersecurity incidents, electronic crimes, and related cybersecurity threats is shared with recipients of education and training provided pursuant to subsection (a)" for "cyber and electronic crime and related threats is shared with State, local, tribal, and territorial law enforcement officers and prosecutors" and inserted at end "When selecting participants for such training, the Institute shall prioritize, to the extent reasonable and practicable, providing education and training to individuals from geographically-diverse jurisdictions throughout the United States, and the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and other employees."

Subsec. (d). Pub. L. 117–263, §7123(4), substituted "recipients of education and training provided pursuant to subsection (a)" for "State, local, tribal, and territorial law enforcement officers" and "for investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, and for forensic examinations of computers, mobile devices, and other information systems" for "necessary to conduct cyber and electronic crime and related threat investigations and computer and mobile device forensic examinations".

Subsec. (e). Pub. L. 117–263, §7123(5), in heading, substituted "Cyber Fraud Task Forces" for "Electronic Crime Task Forces" and, in text, substituted "Cyber Fraud" for "Electronic Crime", "recipients of education and training provided pursuant to subsection (a)" for "State, local, tribal, and territorial law enforcement officers", and "by" for "at".

Subsecs. (g) to (i). Pub. L. 117–263, §7123(6), added subsecs. (g) to (i).

¹ See References in Text note below.