US (United States) Code. Title 18. Chapter 203: Arrest and commitment

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 203 - ARREST AND COMMITMENT 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

.

-HEAD-

CHAPTER 203 - ARREST AND COMMITMENT

-MISC1-

Sec.

3041. Power of courts and magistrates.

3042. Extraterritorial jurisdiction.

(3043. Repealed.)

3044. Complaint - Rule.

3045. Internal revenue violations.

3046. Warrants or summons - Rule. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

3047. Multiple warrants unnecessary.

3048. Commitment to another district; removal - Rule.

3049. Warrant for removal.

3050. Bureau of Prisons employees' powers.

3051. Powers of special agents of Bureau of Alcohol, Tobacco,

Firearms, and Explosives. (FOOTNOTE 2)

(FOOTNOTE 2) Editorially supplied. Section 3051 added by Pub.

L. 107-296 without corresponding amendment of chapter analysis.

3052. Powers of Federal Bureau of Investigation.

3053. Powers of marshals and deputies.

(3054. Repealed.)

3055. Officers' powers to suppress Indian liquor traffic.

3056. Powers, authorities, and duties of United States Secret

Service.

3057. Bankruptcy investigations.

3058. Interned belligerent nationals.

3059. Rewards and appropriations therefor. (FOOTNOTE 3)

(FOOTNOTE 3) Section repealed by Pub. L. 107-273 without

corresponding amendment of chapter analysis.

3059A. Special rewards for information relating to certain

financial institution offenses. (FOOTNOTE 3)

3059B. General reward authority. (FOOTNOTE 3)

3060. Preliminary examination.

3061. Investigative powers of Postal Service personnel.

3062. General arrest authority for violation of release conditions.

3063. Powers of Environmental Protection Agency.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 605(n), Oct. 11, 1996, 110

Stat. 3510, added item 3059B.

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(18), Sept. 13,

1994, 108 Stat. 2144, inserted a period at end of item 3059A.

1990 - Pub. L. 101-647, title XXXV, Sec. 3570, Nov. 29, 1990, 104

Stat. 4928, struck out item 3054 ''Officer's powers involving

animals and birds''.

Pub. L. 101-647, title XXV, Sec. 2587(b), Nov. 29, 1990, 104

Stat. 4905, as amended, effective as of date section 2587(b) of

Pub. L. 101-647 took effect, by Pub. L. 103-322, title XXXIII, Sec.

330011(a), Sept. 13, 1994, 108 Stat. 2144, added item 3059A.

1988 - Pub. L. 100-582, Sec. 4(b), Nov. 1, 1988, 102 Stat. 2959,

added item 3063.

Pub. L. 100-690, title VI, Sec. 6251(b), Nov. 18, 1988, 102 Stat.

4362, substituted ''Investigative powers of Postal Service

personnel'' for ''Powers of postal personnel'' in item 3061.

1984 - Pub. L. 98-587, Sec. 1(b), Oct. 30, 1984, 98 Stat. 3111,

substituted ''Powers, authorities, and duties of United States

Secret Service'' for ''Secret Service powers'' in item 3056.

Pub. L. 98-473, title II, Sec. 204(e), Oct. 12, 1984, 98 Stat.

1986, substituted ''Repealed'' for ''Security of the peace and good

behavior'' in item 3043 and added item 3062.

1970 - Pub. L. 91-375, Sec. 6(j)(38)(B), Aug. 12, 1970, 84 Stat.

782, substituted ''postal personnel'' for ''postal inspectors'' in

item 3061.

1968 - Pub. L. 90-578, title III, Sec. 303(b), Oct. 17, 1968, 82

Stat. 1118, struck out reference to ''Rule'' in item 3060.

Pub. L. 90-560, Sec. 5(b), Oct. 12, 1968, 82 Stat. 998, added

item 3061.

1951 - Act Oct. 31, 1951, ch. 655, Sec. 56(f), 65 Stat. 729,

struck out item 3051 ''Extradition agent's powers''.

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18 USC Sec. 3041 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3041. Power of courts and magistrates

-STATUTE-

For any offense against the United States, the offender may, by

any justice or judge of the United States, or by any United States

magistrate judge, or by any chancellor, judge of a supreme or

superior court, chief or first judge of the common pleas, mayor of

a city, justice of the peace, or other magistrate, of any state

where the offender may be found, and at the expense of the United

States, be arrested and imprisoned or released as provided in

chapter 207 of this title, as the case may be, for trial before

such court of the United States as by law has cognizance of the

offense. Copies of the process shall be returned as speedily as

may be into the office of the clerk of such court, together with

the recognizances of the witnesses for their appearances to testify

in the case.

A United States judge or magistrate judge shall proceed under

this section according to rules promulgated by the Supreme Court of

the United States. Any state judge or magistrate acting hereunder

may proceed according to the usual mode of procedure of his state

but his acts and orders shall have no effect beyond determining,

pursuant to the provisions of section 3142 of this title, whether

to detain or conditionally release the prisoner prior to trial or

to discharge him from arrest.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 89-465, Sec. 5(a),

June 22, 1966, 80 Stat. 217; Pub. L. 90-578, title III, Sec.

301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98-473, title

II, Sec. 204(a), Oct. 12, 1984, 98 Stat. 1985; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 591 (R.S. Sec. 1014;

May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184; Mar. 2, 1901, ch.

814, 31 Stat. 956).

This section was completely rewritten to omit all provisions

superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5,

40 and 54(a) which prescribed the procedure for preliminary

proceedings and examinations before United States judges and

commissioners and for removal proceedings but not for preliminary

examinations before State magistrates.

AMENDMENTS

1984 - Pub. L. 98-473 substituted ''determining, pursuant to the

provisions of section 3142 of this title, whether to detain or

conditionally release the prisoner prior to trial'' for

''determining to hold the prisoner for trial''.

1968 - Pub. L. 90-578 substituted ''United States magistrate''

and ''magistrate'' for ''United States commissioner'' and

''commissioner'', respectively.

1966 - Pub. L. 89-465 substituted ''or released as provided in

chapter 207 of this title'' for ''or bailed''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in text pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates (now

United States magistrate judges) and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-465 effective ninety days after June 22,

1966, see section 6 of Pub. L. 89-465, set out as an Effective Date

note under section 3146 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3042, 3141, 3152, 3156 of

this title; title 16 section 916g; title 26 section 5557.

-CITE-

18 USC Sec. 3042 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3042. Extraterritorial jurisdiction

-STATUTE-

Section 3041 of this title shall apply in any country where the

United States exercises extraterritorial jurisdiction for the

arrest and removal therefrom to the United States of any citizen or

national of the United States who is a fugitive from justice

charged with or convicted of the commission of any offense against

the United States, and shall also apply throughout the United

States for the arrest and removal therefrom to the jurisdiction of

any officer or representative of the United States vested with

judicial authority in any country in which the United States

exercises extraterritorial jurisdiction, of any citizen or national

of the United States who is a fugitive from justice charged with or

convicted of the commission of any offense against the United

States in any country where it exercises extraterritorial

jurisdiction.

Such fugitive first mentioned may, by any officer or

representative of the United States vested with judicial authority

in any country in which the United States exercises

extraterritorial jurisdiction and agreeably to the usual mode of

process against offenders subject to such jurisdiction, be arrested

and detained or conditionally released pursuant to section 3142 of

this title, as the case may be, pending the issuance of a warrant

for his removal, which warrant the principal officer or

representative of the United States vested with judicial authority

in the country where the fugitive shall be found shall seasonably

issue, and the United States marshal or corresponding officer shall

execute.

Such marshal or other officer, or the deputies of such marshal or

officer, when engaged in executing such warrant without the

jurisdiction of the court to which they are attached, shall have

all the powers of a marshal of the United States so far as such

powers are requisite for the prisoner's safekeeping and the

execution of the warrant.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 98-473, title II,

Sec. 204(b), Oct. 12, 1984, 98 Stat. 1985.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 662b (Mar. 22, 1934,

ch. 73, Sec. 1, 48 Stat. 454).

Words ''crime or'' before ''offense'' were omitted as

unnecessary.

Words ''and the Philippine Islands'' were deleted in two places

as obsolete in view of the independence of the Commonwealth of the

Philippines effective July 4, 1946.

Words ''its Territories, Districts, or possessions, including the

Panama Canal Zone or any other territory governed, occupied, or

controlled by it'' were omitted as covered by section 5 of this

title defining the term ''United States''.

Minor changes were made in phraseology.

AMENDMENTS

1984 - Pub. L. 98-473 substituted ''detained or conditionally

released pursuant to section 3142 of this title'' for ''imprisoned

or admitted to bail''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3187 of this title.

-CITE-

18 USC Sec. 3043 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

(Sec. 3043. Repealed. Pub. L. 98-473, title II, Sec. 204(c), Oct.

12, 1984, 98 Stat. 1986)

-MISC1-

Section, acts June 25, 1948, ch. 645, 62 Stat. 816; Oct. 17,

1968, Pub. L. 90-578, title III, Sec. 301(a)(2), 82 Stat. 1115,

related to authority of justices, judges, and magistrates to hold

to security of the peace and for good behavior. See section 3142

of this title.

-CITE-

18 USC Sec. 3044 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3044. Complaint - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Contents of complaint; oath, Rule 3.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 816.)

-CITE-

18 USC Sec. 3045 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3045. Internal revenue violations

-STATUTE-

Warrants of arrest for violations of internal revenue laws may be

issued by United States magistrate judges upon the complaint of a

United States attorney, assistant United States attorney,

collector, or deputy collector of internal revenue or revenue

agent, or private citizen; but no such warrant of arrest shall be

issued upon the complaint of a private citizen unless first

approved in writing by a United States attorney.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 816; Pub. L. 90-578, title III,

Sec. 301(a)(2), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 594 (May 28, 1896, ch.

252, Sec. 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The internal revenue laws, referred to in text, are classified

generally to Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

1968 - Pub. L. 90-578 substituted ''United States magistrates''

for ''United States commissioners''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in text pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates (now

United States magistrate judges) and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

-TRANS-

ABOLITION OF OFFICES OF COLLECTOR AND DEPUTY COLLECTOR OF INTERNAL

REVENUE

Offices of Collector and Deputy Collector of Internal Revenue

abolished by Reorg. Plan No. 1 of 1952, Sec. 1, eff. Mar. 14,

1952, 17 F.R. 2243, 66 Stat. 823, set out in the Appendix to Title

5, Government Organization and Employees, and the offices of

''district commissioner of internal revenue'', and so many other

offices, with titles to be determined by Secretary of the Treasury,

were established by section 2(a) of the Plan.

-CITE-

18 USC Sec. 3046 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3046. Warrant or summons - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Issuance upon complaint, Rule 4.

Issuance upon indictment, Rule 9.

Summons on request of government; form; contents; service;

return, Rules 4, 9.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 816.)

-CITE-

18 USC Sec. 3047 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3047. Multiple warrants unnecessary

-STATUTE-

When two or more charges are made, or two or more indictments are

found against any person, only one writ or warrant shall be

necessary to commit him for trial. It shall be sufficient to state

in the writ the name or general character of the offenses, or to

refer to them only in general terms.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 816.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 602 (R.S. Sec. 1027).

Minor changes were made in phraseology.

-CITE-

18 USC Sec. 3048 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3048. Commitment to another district; removal - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Arrest in nearby or distant districts; informative statement by

judge or magistrate judge; hearing and removal; warrant; Rule 40.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 90-578, title III,

Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-578 substituted ''magistrate'' for

''commissioner''.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in text

pursuant to section 321 of Pub. L. 101-650, set out as a note under

section 631 of Title 28, Judiciary and Judicial Procedure.

-CITE-

18 USC Sec. 3049 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3049. Warrant for removal

-STATUTE-

Only one writ or warrant is necessary to remove a prisoner from

one district to another. One copy thereof may be delivered to the

sheriff or jailer from whose custody the prisoner is taken, and

another to the sheriff or jailer to whose custody he is committed,

and the original writ, with the marshal's return thereon, shall be

returned to the clerk of the district to which he is removed.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 817.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 604 (R.S. Sec. 1029).

-CITE-

18 USC Sec. 3050 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3050. Bureau of Prisons employees' powers

-STATUTE-

An officer or employee of the Bureau of Prisons may -

(1) make arrests on or off of Bureau of Prisons property

without warrant for violations of the following provisions

regardless of where the violation may occur: sections 111

(assaulting officers), 751 (escape), and 752 (assisting escape)

of title 18, United States Code, and section 1826(c) (escape) of

title 28, United States Code;

(2) make arrests on Bureau of Prisons premises or reservation

land of a penal, detention, or correctional facility without

warrant for violations occurring thereon of the following

provisions: sections 661 (theft), 1361 (depredation of property),

1363 (destruction of property), 1791 (contraband), 1792 (mutiny

and riot), and 1793 (trespass) of title 18, United States Code;

and

(3) arrest without warrant for any other offense described in

title 18 or 21 of the United States Code, if committed on the

premises or reservation of a penal or correctional facility of

the Bureau of Prisons if necessary to safeguard security, good

order, or government property;

if such officer or employee has reasonable grounds to believe that

the arrested person is guilty of such offense, and if there is

likelihood of such person's escaping before an arrest warrant can

be obtained. If the arrested person is a fugitive from custody,

such prisoner shall be returned to custody. Officers and employees

of the said Bureau of Prisons may carry firearms under such rules

and regulations as the Attorney General may prescribe.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 99-646, Sec. 65,

Nov. 10, 1986, 100 Stat. 3615.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753k (June 29, 1940,

ch. 449, Sec. 5, 54 Stat. 693).

Section was broadened to include authority to make arrests for

mutiny, riot or traffic in dangerous instrumentalities, by

reference to section 1792 of this title.

Minor changes were made in phraseology and provision for taking

arrested person before magistrate was omitted as covered by rule

5(a) of the Federal Rules of Criminal Procedure.

AMENDMENTS

1986 - Pub. L. 99-646 amended first sentence generally and

substituted ''such prisoner'' for ''he'' in second sentence. Prior

to amendment, first sentence read as follows: ''An officer or

employee of the Bureau of Prisons of the Department of Justice may

make arrests without warrant for violations of any of the

provisions of sections 751, 752, 1791, or 1792 of this title, if he

has reasonable grounds to believe that the arrested person is

guilty of such offense, and if there is likelihood of his escaping

before a warrant can be obtained for his arrest.''

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 2 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R.

3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

18 USC Sec. 3051 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3051. Powers of special agents of Bureau of Alcohol, Tobacco,

Firearms, and Explosives

-STATUTE-

(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms,

and Explosives, as well as any other investigator or officer

charged by the Attorney General with the duty of enforcing any of

the criminal, seizure, or forfeiture provisions of the laws of the

United States, may carry firearms, serve warrants and subpoenas

issued under the authority of the United States and make arrests

without warrant for any offense against the United States committed

in their presence, or for any felony cognizable under the laws of

the United States if they have reasonable grounds to believe that

the person to be arrested has committed or is committing such

felony.

(b) Any special agent of the Bureau of Alcohol, Tobacco,

Firearms, and Explosives may, in respect to the performance of his

or her duties, make seizures of property subject to forfeiture to

the United States.

(c)(1) Except as provided in paragraphs (2) and (3), and except

to the extent that such provisions conflict with the provisions of

section 983 of title 18, United States Code, insofar as section 983

applies, the provisions of the Customs laws relating to -

(A) the seizure, summary and judicial forfeiture, and

condemnation of property;

(B) the disposition of such property;

(C) the remission or mitigation of such forfeiture; and

(D) the compromise of claims,

shall apply to seizures and forfeitures incurred, or alleged to

have been incurred, under any applicable provision of law enforced

or administered by the Bureau of Alcohol, Tobacco, Firearms, and

Explosives.

(2) For purposes of paragraph (1), duties that are imposed upon a

customs officer or any other person with respect to the seizure and

forfeiture of property under the customs laws of the United States

shall be performed with respect to seizures and forfeitures of

property under this section by such officers, agents, or any other

person as may be authorized or designated for that purpose by the

Attorney General.

(3) Notwithstanding any other provision of law, the disposition

of firearms forfeited by reason of a violation of any law of the

United States shall be governed by the provisions of section

5872(b) of the Internal Revenue Code of 1986.

-SOURCE-

(Added Pub. L. 107-296, title XI, Sec. 1113, Nov. 25, 2002, 116

Stat. 2279.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (c)(1), (2), are

classified generally to Title 19, Customs Duties.

Section 5872(b) of the Internal Revenue Code of 1986, referred to

in subsec. (c)(3), is classified to section 5872(b) of Title 26,

Internal Revenue Code.

-MISC2-

PRIOR PROVISIONS

A prior section 3051, act June 25, 1948, ch. 645, Sec. 1, 62

Stat. 817, related to powers of extradition agents, prior to repeal

by act Oct. 31, 1951, ch. 655, Sec. 56(f), 65 Stat. 729.

Substantially identical provisions are contained in section 3193 of

this title.

EFFECTIVE DATE

Section effective 60 days after Nov. 25, 2002, see section 4 of

Pub. L. 107-296, set out as a note under section 101 of Title 6,

Domestic Security.

-CITE-

18 USC Sec. 3052 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3052. Powers of Federal Bureau of Investigation

-STATUTE-

The Director, Associate Director, Assistant to the Director,

Assistant Directors, inspectors, and agents of the Federal Bureau

of Investigation of the Department of Justice may carry firearms,

serve warrants and subpoenas issued under the authority of the

United States and make arrests without warrant for any offense

against the United States committed in their presence, or for any

felony cognizable under the laws of the United States if they have

reasonable grounds to believe that the person to be arrested has

committed or is committing such felony.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 817; Jan. 10, 1951, ch. 1221,

Sec. 1, 64 Stat. 1239.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 300a of title 5, U.S.C., 1940 ed., Executive

Departments and Government Officers and Employees (June 18, 1934,

ch. 595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat.

77).

Language relating to seizures under warrant is in section 3107 of

this title.

Minor changes were made in phraseology particularly with respect

to omission of provision covered by rule 5(a) of Federal Rules of

Criminal Procedure.

AMENDMENTS

1951 - Act Jan. 10, 1951, allowed F. B. I. personnel to make

arrests without a warrant for any offense against the United States

committed in their presence.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 2 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R.

3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

18 USC Sec. 3053 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3053. Powers of marshals and deputies

-STATUTE-

United States marshals and their deputies may carry firearms and

may make arrests without warrant for any offense against the United

States committed in their presence, or for any felony cognizable

under the laws of the United States if they have reasonable grounds

to believe that the person to be arrested has committed or is

committing such felony.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 817.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 504a of title 28, U.S.C., 1940 ed., Judicial

Code and Judiciary (June 15, 1935, ch. 259, Sec. 2, 49 Stat. 378).

Minor changes were made in phraseology.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 2 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R.

3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

18 USC Sec. 3054 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

(Sec. 3054. Repealed. Pub. L. 97-79, Sec. 9(b)(3), Nov. 16, 1981,

95 Stat. 1079)

-MISC1-

Section, acts June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969,

Pub. L. 91-135, Sec. 7(b), 83 Stat. 281, provided for an officer's

power to act in enforcing sections 42, 43, and 44 of this title

relating to animals and birds. See section 3375 of Title 16,

Conservation.

-CITE-

18 USC Sec. 3055 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3055. Officers' powers to suppress Indian liquor traffic

-STATUTE-

The chief special officer for the suppression of the liquor

traffic among Indians and duly authorized officers working under

his supervision whose appointments are made or affirmed by the

Commissioner of Indian Affairs or the Secretary of the Interior may

execute all warrants of arrest and other lawful precepts issued

under the authority of the United States and in the execution of

his duty he may command all necessary assistance.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 817.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 250 of title 25, U.S.C., 1940 ed., Indians (Aug.

24, 1912, ch. 388, Sec. 1, 37 Stat. 519).

The only change was to delete the words at the beginning of the

section, ''The powers conferred by section 504 of title 28 upon

marshals and their deputies are conferred upon.'' and the addition,

at the end of the section, of the phrase expressing such powers

beginning with the words ''may execute all warrants''.

-CITE-

18 USC Sec. 3056 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3056. Powers, authorities, and duties of United States Secret

Service

-STATUTE-

(a) Under the direction of the Secretary of Homeland Security,

the United States Secret Service is authorized to protect the

following persons:

(1) The President, the Vice President (or other officer next in

the order of succession to the Office of President), the

President-elect, and the Vice President-elect.

(2) The immediate families of those individuals listed in

paragraph (1).

(3) Former Presidents and their spouses for their lifetimes,

except that protection of a spouse shall terminate in the event

of remarriage unless the former President did not serve as

President prior to January 1, 1997, in which case, former

Presidents and their spouses for a period of not more than ten

years from the date a former President leaves office, except that

-

(A) protection of a spouse shall terminate in the event of

remarriage or the divorce from, or death of a former President;

and

(B) should the death of a President occur while in office or

within one year after leaving office, the spouse shall receive

protection for one year from the time of such death:

Provided, That the Secretary of Homeland Security shall have the

authority to direct the Secret Service to provide temporary

protection for any of these individuals at any time if the

Secretary of Homeland Security or designee determines that

information or conditions warrant such protection.

(4) Children of a former President who are under 16 years of

age for a period not to exceed ten years or upon the child

becoming 16 years of age, whichever comes first.

(5) Visiting heads of foreign states or foreign governments.

(6) Other distinguished foreign visitors to the United States

and official representatives of the United States performing

special missions abroad when the President directs that such

protection be provided.

(7) Major Presidential and Vice Presidential candidates and,

within 120 days of the general Presidential election, the spouses

of such candidates. As used in this paragraph, the term ''major

Presidential and Vice Presidential candidates'' means those

individuals identified as such by the Secretary of Homeland

Security after consultation with an advisory committee consisting

of the Speaker of the House of Representatives, the minority

leader of the House of Representatives, the majority and minority

leaders of the Senate, and one additional member selected by the

other members of the committee.

The protection authorized in paragraphs (2) through (7) may be

declined.

(b) Under the direction of the Secretary of Homeland Security,

the Secret Service is authorized to detect and arrest any person

who violates -

(1) section 508, 509, 510, 871, or 879 of this title or, with

respect to the Federal Deposit Insurance Corporation, Federal

land banks, and Federal land bank associations, section 213, 216,

(FOOTNOTE 1) 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014,

1907, or 1909 of this title;

(FOOTNOTE 1) See References in Text note below.

(2) any of the laws of the United States relating to coins,

obligations, and securities of the United States and of foreign

governments; or

(3) any of the laws of the United States relating to electronic

fund transfer frauds, access device frauds, false identification

documents or devices, and any fraud or other criminal or unlawful

activity in or against any federally insured financial

institution; except that the authority conferred by this

paragraph shall be exercised subject to the agreement of the

Attorney General and the Secretary of Homeland Security and shall

not affect the authority of any other Federal law enforcement

agency with respect to those laws.

(c)(1) Under the direction of the Secretary of Homeland Security,

officers and agents of the Secret Service are authorized to -

(A) execute warrants issued under the laws of the United

States;

(B) carry firearms;

(C) make arrests without warrant for any offense against the

United States committed in their presence, or for any felony

cognizable under the laws of the United States if they have

reasonable grounds to believe that the person to be arrested has

committed or is committing such felony;

(D) offer and pay rewards for services and information leading

to the apprehension of persons involved in the violation or

potential violation of those provisions of law which the Secret

Service is authorized to enforce;

(E) pay expenses for unforeseen emergencies of a confidential

nature under the direction of the Secretary of Homeland Security

and accounted for solely on the Secretary's certificate; and

(F) perform such other functions and duties as are authorized

by law.

(2) Funds expended from appropriations available to the Secret

Service for the purchase of counterfeits and subsequently recovered

shall be reimbursed to the appropriations available to the Secret

Service at the time of the reimbursement.

(d) Whoever knowingly and willfully obstructs, resists, or

interferes with a Federal law enforcement agent engaged in the

performance of the protective functions authorized by this section

or by section 1752 of this title shall be fined not more than

$1,000 or imprisoned not more than one year, or both.

(e)(1) When directed by the President, the United States Secret

Service is authorized to participate, under the direction of the

Secretary of Homeland Security, in the planning, coordination, and

implementation of security operations at special events of national

significance, as determined by the President.

(2) At the end of each fiscal year, the President through such

agency or office as the President may designate, shall report to

the Congress -

(A) what events, if any, were designated special events of

national significance for security purposes under paragraph (1);

and

(B) the criteria and information used in making each

designation.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 818; July 16, 1951, ch. 226, Sec.

4, 65 Stat. 122; Aug. 31, 1954, ch. 1143, Sec. 2, 68 Stat. 999;

Pub. L. 86-168, title I, Sec. 104(h), Aug. 18, 1959, 73 Stat. 387;

Pub. L. 87-791, Oct. 10, 1962, 76 Stat. 809; Pub. L. 87-829, Sec.

3, Oct. 15, 1962, 76 Stat. 956; Pub. L. 89-186, Sept. 15, 1965, 79

Stat. 791; Pub. L. 89-218, Sept. 29, 1965, 79 Stat. 890; Pub. L.

90-608, ch. XI, Sec. 1101, Oct. 21, 1968, 82 Stat. 1198; Pub. L.

91-644, title V, Sec. 19, Jan. 2, 1971, 84 Stat. 1892; Pub. L.

91-651, Sec. 4, Jan. 5, 1971, 84 Stat. 1941; Pub. L. 93-346, Sec.

8, July 12, 1974, as added Pub. L. 93-552, title VI, Sec. 609(a),

Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94-408, Sec. 2, Sept. 11,

1976, 90 Stat. 1239; Pub. L. 97-297, Sec. 3, Oct. 12, 1982, 96

Stat. 1318; Pub. L. 97-308, Sec. 2, Oct. 14, 1982, 96 Stat. 1452;

Pub. L. 98-151, Sec. 115(b), Nov. 14, 1983, 97 Stat. 977; Pub. L.

98-587, Sec. 1(a), Oct. 30, 1984, 98 Stat. 3110; Pub. L. 103-329,

title V, Sec. 530, Sept. 30, 1994, 108 Stat. 2412; Pub. L. 104-294,

title VI, Sec. 605(i), Oct. 11, 1996, 110 Stat. 3510; Pub. L.

106-544, Sec. 3, Dec. 19, 2000, 114 Stat. 2716; Pub. L. 107-56,

title V, Sec. 506(b), Oct. 26, 2001, 115 Stat. 367; Pub. L.

107-296, title XVII, Sec. 1703(a)(1), Nov. 25, 2002, 116 Stat.

2313.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 148, and on sections

264(x) and 986 of title 12, U.S.C., 1940 ed., Banks and Banking

(Dec. 23, 1913, ch. 6, Sec. 12B, subsection (x), as added June 16,

1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916, ch. 245, Sec.

31, sixth paragraph, 39 Stat. 382 (384); Dec. 11, 1926, ch. 2, Sec.

3, 44 Stat. 918; Aug. 23, 1935, ch. 614, Sec. 101, 49 Stat. 684,

703).

Section consolidates said section 148 of title 18, U.S.C., 1940

ed., and said sections 264(x) and 986 of title 12, U.S.C., 1940

ed., Banks and Banking.

Said section 148 of title 12, U.S.C., 1940 ed., Banks and

Banking, was concerned with offenses relating to counterfeiting and

passing, etc., of transportation requests and to the unlawful

possession or making of plates, stones, etc., used in making such

requests, which were defined in sections 146 and 147 of said title

18, now sections 508 and 509 of this title.

Said sections 264(x) and 986 of title 12, U.S.C., 1940 ed., Banks

and Banking, were concerned with various offenses as defined in

sections 981-985, 987 of said title 12, relating to Federal land

banks, joint-stock land banks and national farm loan associations,

and as defined in section 264 of said title 12 relating to the

Federal Deposit Insurance Corporation. All of the provisions of

said sections 981-985, 987 of said title 12, and the criminal

provisions of said section 264 of said title 12, were transferred

to this title where they were, in some instances, consolidated with

similar provisions from other sections. Such provisions are now

incorporated in sections 218, 221, 433, 493, 657, 709, 1006, 1007,

1011, 1013, 1014, 1907, and 1909 of this title. In most instances,

these sections, as the result of the consolidations, relate to

other organizations as well as those mentioned above, but, by

enumerating the Federal Deposit Insurance Corporation, Federal land

banks, joint-stock land banks, and national farm loan associations

in this section, the powers of the Secret Service are not broadened

beyond what they were in said sections 264(x) and 986 of said title

12.

In this section, the wording of said section 148 of title 18,

U.S.C., 1940 ed., and section 986 of title 12, U.S.C., 1940 ed.,

Banks and Banking reading ''The Secretary of the Treasury is hereby

authorized to direct and use the Secret Service Division of the

Treasury Department'' was adopted, rather than the wording of said

section 264(x) of said title 12, which read ''The Secret Service

Division of the Treasury Department is authorized.''

Words ''of the United States marshal having jurisdiction'',

following ''custody'' in all three of said sections, were omitted

as surplusage.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 216 of this title, referred to in subsec. (b)(1), was

repealed by Pub. L. 98-473, title II, Sec. 1107(b), Oct. 12, 1984,

98 Stat. 2146.

-MISC2-

AMENDMENTS

2002 - Subsecs. (a) to (c)(1), (e)(1). Pub. L. 107-296

substituted ''of Homeland Security'' for ''of the Treasury''

wherever appearing.

2001 - Subsec. (b)(3). Pub. L. 107-56 substituted ''access device

frauds, false identification documents or devices, and any fraud or

other criminal or unlawful activity in or against any federally

insured financial institution'' for ''credit and debit card frauds,

and false identification documents or devices''.

2000 - Subsec. (e). Pub. L. 106-544 added subsec. (e).

1996 - Subsec. (a)(3). Pub. L. 104-294 redesignated subpars. (1)

and (2) as (A) and (B), respectively, and realigned margins.

1994 - Subsec. (a)(3). Pub. L. 103-329, Sec. 530(a), inserted

before period at end ''unless the former President did not serve as

President prior to January 1, 1997, in which case, former

Presidents and their spouses for a period of not more than ten

years from the date a former President leaves office, except that -

''(1) protection of a spouse shall terminate in the event of

remarriage or the divorce from, or death of a former President;

and

''(2) should the death of a President occur while in office or

within one year after leaving office, the spouse shall receive

protection for one year from the time of such death:

Provided, That the Secretary of the Treasury shall have the

authority to direct the Secret Service to provide temporary

protection for any of these individuals at any time if the

Secretary of the Treasury or designee determines that information

or conditions warrant such protection''.

Subsec. (a)(4). Pub. L. 103-329, Sec. 530(b), inserted before

period at end ''for a period not to exceed ten years or upon the

child becoming 16 years of age, whichever comes first''.

1984 - Pub. L. 98-587 amended section generally, providing

authority for the Secret Service to conduct criminal investigations

of, make arrests in, and present for prosecutorial consideration,

cases relating to electronic fund transfer frauds, and providing

the Secret Service with authority to conduct investigations and

make arrests relating to credit and debit card frauds, and false

identification documents and devices, to be exercised subject to

the agreement of the Attorney General and the Secretary of the

Treasury.

1983 - Subsec. (a). Pub. L. 98-151 inserted reference to section

510 of this section in fifth clause.

1982 - Subsec. (a). Pub. L. 97-297, Sec. 3(1), substituted ''871,

and 879 of this title'' for ''and 871 of this title''.

Pub. L. 97-297, Sec. 3(2), substituted ''and Federal land bank

associations are concerned, of sections 213, 216'' for '',

joint-stock land banks and Federal land bank associations are

concerned, of sections 218, 221''.

Subsec. (b). Pub. L. 97-308 increased the limitation on fines to

$1,000 from $300.

1976 - Subsec. (a). Pub. L. 94-408 substituted '', and the

members of their immediate families unless the members decline such

protection;'' for ''; protect the members of the immediate family

of the Vice-President, unless such protection is declined;''.

Subsec. (b). Pub. L. 94-408 inserted reference to other Federal

law enforcement agents.

1974 - Subsec. (a). Pub. L. 93-552 inserted provisions relating

to the protection of the immediate family of the Vice President

unless declined, and the payment of expenses for unforeseen

emergencies of a confidential nature under the direction of the

Secretary of the Treasury and accounted for solely on his

certificate.

1971 - Pub. L. 91-651 authorized the Secret Service to protect

the person of a visiting head of a foreign state or foreign

government and, at the direction of the President, other

distinguished foreign visitors to the United States and official

representatives of the United States performing special missions

abroad, and substituted ''Director, Deputy Director, Assistant

Directors, Assistants to the Director'' for ''Chief, Deputy Chief,

Assistant Chief''.

Pub. L. 91-644 designated existing provisions as subsec. (a) and

added subsec. (b).

1968 - Pub. L. 90-608 substituted the death or remarriage of a

former President's widow and the attainment by his minor children

of age 16 for the passage of a period of four years after he leaves

or dies in office as the events terminating Secret Service

protection for the widow and minor children, respectively, of a

former President.

1965 - Pub. L. 89-218 authorized the Chief, Deputy Chief,

Assistant Chief, inspectors, and agents of the Secret Service to

make arrests without warrant for offenses committed against the

United States in their presence or for any felony cognizable under

the laws of the United States if they have reasonable grounds to

believe that the person to be arrested has committed or is

committing the felony and substituted ''508, 509, and 871'' for

''508 and 509''.

Pub. L. 89-186 substituted provision for the protection of the

person of a former President and his wife during his lifetime and

the person of a widow and minor children of a former President for

a period of four years after he leaves or dies in office, unless

the protection is declined, for provision calling for the

protection of a former President, at his request, for a reasonable

period after he leaves office.

1962 - Pub. L. 87-829 authorized the protection of the Vice

President, without requiring his request therefor, and any officer

next in the order of succession to the office of President, the

Vice-President-elect, and of a former president, at his request,

for a reasonable period after he leaves office.

Pub. L. 87-791 required moneys expended from Secret Service

appropriations for the purchase of counterfeits and subsequently

recovered to be reimbursed to the appropriation current at the time

of deposit.

1959 - Pub. L. 86-168 substituted ''Federal land bank

associations'' for ''national farm loan associations''.

1954 - Act Aug. 31, 1954, struck out ''detect, and arrest any

person violating any laws of the United States directly concerning

official matters administered by and under the direct control of

the Treasury Department''.

1951 - Act July 16, 1951, provided basic authority for the Secret

Service to perform certain functions and activities heretofore

carried out by virtue of authority contained in appropriation acts.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the United States Secret Service to the Department of Homeland

Security, see section 1703(b) of Pub. L. 107-296, set out as a note

under section 202 of Title 3, The President.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-552 effective July 12, 1974, see section

609(b) of Pub. L. 93-552, set out as a note under section 202 of

Title 3, The President.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-168 effective Dec. 31, 1959, see section

104(k) of Pub. L. 86-168.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE

Pub. L. 107-56, title I, Sec. 105, Oct. 26, 2001, 115 Stat. 277,

provided that: ''The Director of the United States Secret Service

shall take appropriate actions to develop a national network of

electronic crime task forces, based on the New York Electronic

Crimes Task Force model, throughout the United States, for the

purpose of preventing, detecting, and investigating various forms

of electronic crimes, including potential terrorist attacks against

critical infrastructure and financial payment systems.''

NATIONAL THREAT ASSESSMENT CENTER

Pub. L. 106-544, Sec. 4, Dec. 19, 2000, 114 Stat. 2716, provided

that:

''(a) Establishment. - The United States Secret Service

(hereafter in this section referred to as the 'Service'), at the

direction of the Secretary of the Treasury, may establish the

National Threat Assessment Center (hereafter in this section

referred to as the 'Center') as a unit within the Service.

''(b) Functions. - The Service may provide the following to

Federal, State, and local law enforcement agencies through the

Center:

''(1) Training in the area of threat assessment.

''(2) Consultation on complex threat assessment cases or plans.

''(3) Research on threat assessment and the prevention of

targeted violence.

''(4) Facilitation of information sharing among all such

agencies with protective or public safety responsibilities.

''(5) Programs to promote the standardization of Federal,

State, and local threat assessments and investigations involving

threats.

''(6) Any other activities the Secretary determines are

necessary to implement a comprehensive threat assessment

capability.

''(c) Report. - Not later than 1 year after the date of the

enactment of this Act (Dec. 19, 2000), the Service shall submit a

report to the Committees on the Judiciary of the Senate and the

House of Representatives detailing the manner in which the Center

will operate.''

TELECOMMUNICATIONS SUPPORT TO UNITED STATES SECRET SERVICE BY WHITE

HOUSE COMMUNICATIONS AGENCY

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8100), Sept. 30, 1996, 110 Stat. 3009-71, 3009-108, as amended by

Pub. L. 106-92, Sec. 2, Nov. 9, 1999, 113 Stat. 1309, provided

that: ''Beginning in fiscal year 1997 and thereafter, and

notwithstanding any other provision of law, fixed and mobile

telecommunications support shall be provided by the White House

Communications Agency (WHCA) to the United States Secret Service

(USSS), without reimbursement, in connection with the Secret

Service's duties directly related to the protection of the

President or the Vice President or other officer immediately next

in order of succession to the office of the President at the White

House Security Complex in the Washington, D.C. Metropolitan Area

and Camp David, Maryland. For these purposes, the White House

Security Complex includes the White House, the White House grounds,

the Dwight D. Eisenhower Executive Office Building, the New

Executive Office Building, the Blair House, the Treasury Building,

and the Vice President's Residence at the Naval Observatory.''

OFF-SET OF COSTS OF PROTECTING FORMER PRESIDENTS AND SPOUSES

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title V, Sec.

509), Sept. 30, 1996, 110 Stat. 3009-314, 3009-345, provided that:

''The United States Secret Service may, during the fiscal year

ending September 30, 1997, and hereafter, accept donations of money

to off-set costs incurred while protecting former Presidents and

spouses of former Presidents when the former President or spouse

travels for the purpose of making an appearance or speech for a

payment of money or any thing of value.''

Similar provisions were contained in the following prior

appropriations acts:

Pub. L. 104-52, title V, Sec. 509, Nov. 19, 1995, 109 Stat. 492.

Pub. L. 103-329, title V, Sec. 514, Sept. 30, 1994, 108 Stat.

2410.

Pub. L. 103-123, title V, Sec. 515, Oct. 28, 1993, 107 Stat.

1253.

Pub. L. 102-393, title V, Sec. 519, Oct. 6, 1992, 106 Stat. 1759.

Pub. L. 102-141, title V, Sec. 522, Oct. 28, 1991, 105 Stat. 865.

Pub. L. 101-509, title V, Sec. 525, Nov. 5, 1990, 104 Stat. 1426.

FORMER VICE PRESIDENT OR SPOUSE; PROTECTION

Pub. L. 103-1, Jan. 15, 1993, 107 Stat. 3, provided: ''That -

''(1) the United States Secret Service, in addition to other

duties now provided by law, is authorized to furnish protection

to -

''(A) the person occupying the Office of Vice President of

the United States immediately preceding January 20, 1993, or

''(B) his spouse,

if the President determines that such person may thereafter be in

significant danger; and

''(2) protection of any such person, pursuant to the authority

provided in paragraph (1), shall continue only for such period as

the President determines, except that such protection shall not

continue beyond July 20, 1993, unless otherwise permitted by

law.''

Pub. L. 96-503, Dec. 5, 1980, 94 Stat. 2740, provided: ''That the

United States Secret Service, in addition to other duties now

provided by law, is authorized to furnish protection to (a) the

person occupying the Office of Vice President of the United States

immediately preceding January 20, 1981, or (b) his spouse, if the

President determines that such person may thereafter be in

significant danger: Provided, however, That protection of any such

person shall continue only for such period as the President

determines and shall not continue beyond July 20, 1981, unless

otherwise permitted by law.''

SECRET SERVICE PROTECTION OF FORMER FEDERAL OFFICIALS

Pub. L. 95-1, Jan. 19, 1977, 91 Stat. 3, provided: ''That the

United States Secret Service, in addition to other duties now

provided by law, is authorized to furnish protection to a person

who (a) as a Federal Government official has been receiving

protection by the United States Secret Service for a period

immediately preceding January 20, 1977, or (b) as a member of such

official's immediate family has been receiving protection by either

the United States Secret Service or other security personnel of the

official's department immediately preceding January 20, 1977, if

the President determines that such person may thereafter be in

significant danger: Provided, however, That protection of any such

person shall continue only for such period as the President

determines and shall not continue beyond July 20, 1977, unless

otherwise permitted by law.''

PRESIDENTIAL PROTECTION ASSISTANCE ACT OF 1976

Pub. L. 94-524, Oct. 17, 1976, 90 Stat. 2475, as amended by Pub.

L. 99-190, Sec. 143, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 101-136,

title V, Sec. 527, Nov. 3, 1989, 103 Stat. 815; Pub. L. 101-509,

title V, Sec. 531(a), Nov. 5, 1990, 104 Stat. 1469; Pub. L.

102-141, title V, Sec. 533, Oct. 28, 1991, 105 Stat. 867; Pub. L.

104-52, title V, Sec. 529, Nov. 19, 1995, 109 Stat. 496; Pub. L.

104-316, title I, Sec. 109(a), Oct. 19, 1996, 110 Stat. 3832,

provided: ''That this Act may be cited as the 'Presidential

Protection Assistance Act of 1976'.

''Sec. 2. As used in this Act the term -

''(1) 'Secret Service' means the United States Secret Service,

the Department of the Treasury;

''(2) 'Director' means the Director of the Secret Service;

''(3) 'protectee' means any person eligible to receive the

protection authorized by section 3056 of title 18, United States

Code, or Public Law 90-331 (82 Stat. 170) (set out as a note

above);

''(4) 'Executive departments' has the same meaning as provided

in section 101 of title 5, United States Code;

''(5) 'Executive agencies' has the same meaning as provided in

section 105 of title 5, United States Code;

''(6) 'Coast Guard' means the United States Coast Guard,

Department of Transportation or such other Executive department

or Executive agency to which the United States Coast Guard may

subsequently be transferred;

''(7) 'duties' means all responsibilities of an Executive

department or Executive agency relating to the protection of any

protectee; and

''(8) 'non-Governmental property' means any property owned,

leased, occupied, or otherwise utilized by a protectee which is

not owned or controlled by the Government of the United States of

America.

''Sec. 3. (a) Each protectee may designate one non-governmental

property to be fully secured by the Secret Service on a permanent

basis.

''(b) A protectee may thereafter designate a different

non-Governmental property in lieu of the non-Governmental property

previously designated under subsection (a) (hereinafter in this Act

referred to as the 'previously designated property') as the one

non-Governmental property to be fully secured by the Secret Service

on a permanent basis under subsection (a). Thereafter, any

expenditures by the Secret Service to maintain a permanent guard

detail or for permanent facilities, equipment, and services to

secure the non-Governmental property previously designated under

subsection (a) shall be subject to the limitations imposed under

section 4.

''(c) For the purposes of this section, where two or more

protectees share the same domicile, such protectees shall be deemed

a single protectee.

''Sec. 4. Expenditures by the Secret Service for maintaining a

permanent guard detail and for permanent facilities, equipment, and

services to secure any non-Governmental property in addition to the

one non-Governmental property designated by each protectee under

subsection 3(a) or 3(b) may not exceed a cumulative total of

$200,000 at each such additional non-Governmental property, unless

expenditures in excess of that amount are specifically approved by

resolutions adopted by the Committees on Appropriations of the

House and Senate, respectively.

''Sec. 5. (a) All improvements and other items acquired by the

Federal Government and used for the purpose of securing any

non-Governmental property in the performance of the duties of the

Secret Service shall be the property of the United States.

''(b) Upon termination of Secret Service protection at any

non-Governmental property all such improvements and other items

shall be removed from the non-Governmental property unless the

Director determines that it would not be economically feasible to

do so; except that such improvements and other items shall be

removed and the non-Governmental property shall be restored to its

original state if the owner of such property at the time of

termination requests the removal of such improvements or other

items. If any such improvements or other items are not removed,

the owner of the non-Governmental property at the time of

termination shall compensate the United States for the original

cost of such improvements or other items or for the amount by which

they have increased the fair market value of the property, as

determined by the Director, as of the date of termination,

whichever is less.

''(c) In the event that any non-Governmental property becomes a

previously designated property and Secret Service protection at

that property has not been terminated, all such improvements and

other items which the Director determines are not necessary to

secure the previously designated property within the limitations

imposed under section 4 shall be removed or compensated for in

accordance with the procedures set forth under Subsection (b) of

this section.

''Sec. 6. Executive departments and Executive agencies shall

assist the Secret Service in the performance of its duties by

providing services, equipment, and facilities on a temporary and

reimbursable basis when requested by the Director and on a

permanent and reimbursable basis upon advance written request of

the Director; except that the Department of Defense and the Coast

Guard shall provide such assistance on a temporary basis without

reimbursement when assisting the Secret Service in its duties

directly related to the protection of the President or the Vice

President or other officer immediately next in order of succession

to the office of the President.

''Sec. 7. No services, equipment, or facilities may be ordered,

purchased, leased, or otherwise procured for the purposes of

carrying out the duties of the Secret Service by persons other than

officers or employees of the Federal Government duly authorized by

the Director to make such orders, purchases, leases, or

procurements.

''Sec. 8. No funds may be expended or obligated for the purpose

of carrying out the purposes of section 3056 of title 18, United

States Code, and section 1 of Public Law 90-331 (set out as a note

above) other than funds specifically appropriated to the Secret

Service for those purposes with the exception of -

''(1) expenditures made by the Department of Defense or the

Coast Guard from funds appropriated to the Department of Defense

or the Coast Guard in providing assistance on a temporary basis

to the Secret Service in the performance of its duties directly

related to the protection of the President or the Vice President

or other officer next in order of succession to the office of the

President; and

''(2) expenditures made by Executive departments and agencies,

in providing assistance at the request of the Secret Service in

the performance of its duties, and which will be reimbursed by

the Secret Service under section 6 of this Act.

''Sec. 9. The Director, the Secretary of Defense, and the

Commandant of the Coast Guard shall each transmit a detailed

semi-annual report of expenditures made pursuant to this Act during

the six-month period immediately preceding such report by the

Secret Service, the Department of Defense, and the Coast Guard,

respectively, to the Committees on Appropriations, Committees on

the Judiciary, and Committees on Government Operations (now

Committee on Government Reform of the House of Representatives and

Committee on Government Affairs of the Senate) of the House of

Representatives and the Senate, respectively, on March 31 and

September 30, of each year.

''Sec. 10. Expenditures made pursuant to this Act shall be

subject to audit by the Comptroller General and his authorized

representatives, who shall have access to all records relating to

such expenditures. The Comptroller General shall transmit a report

of the results of any such audit to the Committees on

Appropriations, Committees on the Judiciary, and Committees on

Government Operations (now Committee on Government Reform of the

House of Representatives and Committee on Government Affairs of the

Senate) of the House of Representatives and the Senate,

respectively.

''Sec. 11. Section 2 of Public Law 90-331 (82 Stat. 170)

(formerly set out as a note below) is repealed.

''Sec. 12. In carrying out the protection of the President of the

United States, pursuant to section 3056(a) of title 18, at the one

non-governmental property designated by the President of the United

States to be fully secured by the United States Secret Service on a

permanent basis, as provided in section 3.(a) of Public Law 94-524

(section 3(a) of this note), or at an airport facility used for

travel en route to or from such property(,) the Secretary of the

Treasury may utilize, with their consent, the law enforcement

services, personnel, equipment, and facilities of the affected

State and local governments. Further, the Secretary of the

Treasury is authorized to reimburse such State and local

governments for the utilization of such services, personnel,

equipment, and facilities. All claims for such reimbursement by

the affected governments will be submitted to the Secretary of the

Treasury on a quarterly basis. Expenditures for this reimbursement

are authorized not to exceed $300,000 at the one nongovernmental

property, and $70,000 at the airport facility, in any one fiscal

year: Provided, That the designated site is located in a

municipality or political subdivision of any State where the

permanent resident population is 7,000 or less and where the

absence of such Federal assistance would place an undue economic

burden on the affected State and local governments: Provided

further, That the airport facility is wholly or partially located

in a municipality or political subdivison (sic) of any State where

the permanent resident population is 7,000 or less, the airport is

located within 25 nautical miles of the designated nongovernmental

property, and where the absence of such Federal assistance would

place an undue economic burden on the affected State and local

governments.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

MAJOR PRESIDENTIAL OR VICE PRESIDENTIAL CANDIDATES AND SPOUSES;

PERSONAL PROTECTION

Pub. L. 90-331, June 6, 1968, 82 Stat. 170, as amended by Pub. L.

94-408, Sec. 1, Sept. 11, 1976, 90 Stat. 1239; Pub. L. 94-524, Sec.

11, Oct. 17, 1976, 90 Stat. 2477; Pub. L. 96-329, Aug. 11, 1980, 94

Stat. 1029, which had provided for personal protection of major

presidential or vice presidential candidates and had authorized

protection of spouses commencing not more than 120 days before the

general Presidential election, and appropriated for fiscal year

ending June 30, 1968, $400,000 for execution of such provisions,

was repealed by Pub. L. 98-587, Sec. 2, Oct. 30, 1984, 98 Stat.

3111. See subsec. (a)(7) of this section.

EXTENSION OF PROTECTION OF PRESIDENT'S WIDOW AND CHILDREN

Pub. L. 90-145, Nov. 17, 1967, 81 Stat. 466, extended until Mar.

1, 1969, the authority vested in the United States Secret Service

by section 3056 of this title, as it existed prior to the amendment

in 1968 by Pub. L. 90-608, to protect the widow and minor children

of a former President who were receiving such protection on Nov.

17, 1967.

APPLICABILITY OF REORG. PLAN NO. 26 OF 1950

Section 5 of Pub. L. 91-651 provided that: ''Section 3056 of

title 18, United States Code, as amended by section 4 of this Act,

shall be subject to Reorganization Plan Numbered 26 of 1950 (64

Stat. 1280) (set out in the Appendix to Title 5, Government

Organization and Employees).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 351, 879, 1030,

1752, 2332b, 3486, 4247 of this title; title 5 sections 552a, 5542;

title 6 section 371; title 12 section 3414; title 22 sections 2709,

4304; title 31 sections 1344, 1537.

-CITE-

18 USC Sec. 3057 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3057. Bankruptcy investigations

-STATUTE-

(a) Any judge, receiver, or trustee having reasonable grounds for

believing that any violation under chapter 9 of this title or other

laws of the United States relating to insolvent debtors,

receiverships or reorganization plans has been committed, or that

an investigation should be had in connection therewith, shall

report to the appropriate United States attorney all the facts and

circumstances of the case, the names of the witnesses and the

offense or offenses believed to have been committed. Where one of

such officers has made such report, the others need not do so.

(b) The United States attorney thereupon shall inquire into the

facts and report thereon to the judge, and if it appears probable

that any such offense has been committed, shall without delay,

present the matter to the grand jury, unless upon inquiry and

examination he decides that the ends of public justice do not

require investigation or prosecution, in which case he shall report

the facts to the Attorney General for his direction.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 818; May 24, 1949, ch. 139, Sec.

48, 63 Stat. 96; Pub. L. 95-598, title III, Sec. 314(i), Nov. 6,

1978, 92 Stat. 2677.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 52(e)(1), (2) of title 11, U.S.C., 1940 ed.,

Bankruptcy (July 1, 1898, ch. 541, Sec. 29e(1), (2), as added by

May 27, 1926, ch. 406, Sec. 11, 44 Stat. 665, 666; June 22, 1938,

ch. 575, Sec. 1, 52 Stat. 840, 856).

Remaining provisions of section 52 of title 11, U.S.C., 1940 ed.,

Bankruptcy, constitute sections 151-154, and 3284 of this title.

The words ''or laws relating to insolvent debtors, receiverships,

or reorganization plans'' were inserted to avoid reference to

''Title 11''.

Minor changes were made in phraseology.

1949 ACT

This section (section 48) clarifies the meaning of section 3057

of title 18, U.S.C., by expressly limiting to laws ''of the United

States'', violations of laws which are to be reported to the United

States attorney.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-598, Sec. 314(i), substituted

''judge'' for ''referee'' and ''violation under chapter 9 of this

title'' for ''violations of the bankruptcy laws''.

Subsec. (b). Pub. L. 95-598, Sec. 314(i)(1), substituted

''judge'' for ''referee''.

1949 - Subsec. (a). Act May 24, 1949, substituted ''or other laws

of the United States'' for ''or laws''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

SAVINGS PROVISION

Amendment by Pub. L. 95-598 not to affect the application of

chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or

section 2516, 3057, or 3284 of this title to any act of any person

(1) committed before Oct. 1, 1979, or (2) committed after Oct. 1,

1979, in connection with a case commenced before such date, see

section 403(d) of Pub. L. 95-598, set out as a note preceding

section 101 of Title 11, Bankruptcy.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 2 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R.

3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

18 USC Sec. 3058 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3058. Interned belligerent nationals

-STATUTE-

Whoever, belonging to the armed land or naval forces of a

belligerent nation or belligerent faction and being interned in the

United States, in accordance with the law of nations, leaves or

attempts to leave said jurisdiction, or leaves or attempts to leave

the limits of internment without permission from the proper

official of the United States in charge, or willfully overstays a

leave of absence granted by such official, shall be subject to

arrest by any marshal or deputy marshal of the United States, or by

the military or naval authorities thereof, and shall be returned to

the place of internment and there confined and safely kept for such

period of time as the official of the United States in charge shall

direct.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 818; Pub. L. 101-647, title XXXV,

Sec. 3571, Nov. 29, 1990, 104 Stat. 4928.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 37 (June 15, 1917, ch.

30, title V, Sec. 7, 40 Stat. 223).

Said section 37 was incorporated in this section and section 756

of this title.

Minor verbal changes were made.

AMENDMENTS

1990 - Pub. L. 101-647 substituted ''belligerent'' for

''beligerent'' before ''nation''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 465.

-CITE-

18 USC Sec. 3059 to 3059B 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

(Sec. 3059 to 3059B. Repealed. Pub. L. 107-273, div. A, title III,

Sec. 301(c)(2), Nov. 2, 2002, 116 Stat. 1781)

-MISC1-

Section 3059, act June 25, 1948, ch. 645, 62 Stat. 818; Pub. L.

97-258, Sec. 2(d)(2), Sept. 13, 1982, 96 Stat. 1058; Pub. L.

103-322, title XXV, Sec. 250004, Sept. 13, 1994, 108 Stat. 2086,

related to rewards and appropriations therefor.

Section 3059A, added Pub. L. 101-647, title XXV, Sec. 2587(a),

Nov. 29, 1990, 104 Stat. 4904; amended Pub. L. 103-322, title

XXXII, Sec. 320607, title XXXIII, Sec. 330010(10), (17), Sept. 13,

1994, 108 Stat. 2120, 2143, 2144; Pub. L. 104-294, title VI, Sec.

601(f)(4), 604(b)(24), Oct. 11, 1996, 110 Stat. 3499, 3508, related

to special rewards for information relating to certain financial

institution offenses.

Section 3059B, added Pub. L. 104-132, title VIII, Sec. 815(e)(1),

Apr. 24, 1996, 110 Stat. 1315, set forth general reward authority.

-CITE-

18 USC Sec. 3060 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3060. Preliminary examination

-STATUTE-

(a) Except as otherwise provided by this section, a preliminary

examination shall be held within the time set by the judge or

magistrate judge pursuant to subsection (b) of this section, to

determine whether there is probable cause to believe that an

offense has been committed and that the arrested person has

committed it.

(b) The date for the preliminary examination shall be fixed by

the judge or magistrate judge at the initial appearance of the

arrested person. Except as provided by subsection (c) of this

section, or unless the arrested person waives the preliminary

examination, such examination shall be held within a reasonable

time following initial appearance, but in any event not later than

-

(1) the tenth day following the date of the initial appearance

of the arrested person before such officer if the arrested person

is held in custody without any provision for release, or is held

in custody for failure to meet the conditions of release imposed,

or is released from custody only during specified hours of the

day; or

(2) the twentieth day following the date of the initial

appearance if the arrested person is released from custody under

any condition other than a condition described in paragraph (1)

of this subsection.

(c) With the consent of the arrested person, the date fixed by

the judge or magistrate judge for the preliminary examination may

be a date later than that prescribed by subsection (b), or may be

continued one or more times to a date subsequent to the date

initially fixed therefor. In the absence of such consent of the

accused, the date fixed for the preliminary hearing may be a date

later than that prescribed by subsection (b), or may be continued

to a date subsequent to the date initially fixed therefor, only

upon the order of a judge of the appropriate United States district

court after a finding that extraordinary circumstances exist, and

that the delay of the preliminary hearing is indispensable to the

interests of justice.

(d) Except as provided by subsection (e) of this section, an

arrested person who has not been accorded the preliminary

examination required by subsection (a) within the period of time

fixed by the judge or magistrate judge in compliance with

subsections (b) and (c), shall be discharged from custody or from

the requirement of bail or any other condition of release, without

prejudice, however, to the institution of further criminal

proceedings against him upon the charge upon which he was arrested.

(e) No preliminary examination in compliance with subsection (a)

of this section shall be required to be accorded an arrested

person, nor shall such arrested person be discharged from custody

or from the requirement of bail or any other condition of release

pursuant to subsection (d), if at any time subsequent to the

initial appearance of such person before a judge or magistrate

judge and prior to the date fixed for the preliminary examination

pursuant to subsections (b) and (c) an indictment is returned or,

in appropriate cases, an information is filed against such person

in a court of the United States.

(f) Proceedings before United States magistrate judges under this

section shall be taken down by a court reporter or recorded by

suitable sound recording equipment. A copy of the record of such

proceeding shall be made available at the expense of the United

States to a person who makes affidavit that he is unable to pay or

give security therefor, and the expense of such copy shall be paid

by the Director of the Administrative Office of the United States

Courts.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90-578, title III,

Sec. 303(a), Oct. 17, 1968, 82 Stat. 1117; Pub. L. 101-650, title

III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-578 substituted provisions of subsecs. (a) to

(f) of this section detailing preliminary examination content for

prior provisions which directed attention to the rule in section

catchline, and directed one to see Federal Rules of Criminal

Procedure, including ''Proceedings before commissioner, appearance,

advice as to right to counsel, hearing, Rule 5.''.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' and ''United States magistrate

judges'' substituted for ''magistrate'' and ''United States

magistrates'', respectively, wherever appearing in text pursuant to

section 321 of Pub. L. 101-650, set out as a note under section 631

of Title 28, Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates (now

United States magistrate judges) and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

-CITE-

18 USC Sec. 3061 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3061. Investigative powers of Postal Service personnel

-STATUTE-

(a) Subject to subsection (b) of this section, Postal Inspectors

and other agents of the United States Postal Service designated by

the Board of Governors to investigate criminal matters related to

the Postal Service and the mails may -

(1) serve warrants and subpoenas issued under the authority of

the United States;

(2) make arrests without warrant for offenses against the

United States committed in their presence;

(3) make arrests without warrant for felonies cognizable under

the laws of the United States if they have reasonable grounds to

believe that the person to be arrested has committed or is

committing such a felony;

(4) carry firearms; and

(5) make seizures of property as provided by law.

(b) The powers granted by subsection (a) of this section shall be

exercised only -

(1) in the enforcement of laws regarding property in the

custody of the Postal Service, property of the Postal Service,

the use of the mails, and other postal offenses; and

(2) to the extent authorized by the Attorney General pursuant

to agreement between the Attorney General and the Postal Service,

in the enforcement of other laws of the United States, if the

Attorney General determines that violations of such laws have a

detrimental effect upon the operations of the Postal Service.

-SOURCE-

(Added Pub. L. 90-560, Sec. 5(a), Oct. 12, 1968, 82 Stat. 998;

amended Pub. L. 91-375, Sec. 6(j)(38)(A), Aug. 12, 1970, 84 Stat.

781; Pub. L. 100-690, title VI, Sec. 6251(a), Nov. 18, 1988, 102

Stat. 4362.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 substituted ''Investigative powers of

Postal Service personnel'' for ''Powers of postal personnel'' in

section catchline, and amended text generally. Prior to amendment,

text read as follows:

''(a) Subject to subsection (b) of this section, officers and

employees of the Postal Service performing duties related to the

inspection of postal matters may, to the extent authorized by the

Board of Governors -

''(1) serve warrants and subpenas issued under the authority of

the United States;

''(2) make arrests without warrant for offenses against the

United States committed in their presence; and

''(3) make arrests without warrant for felonies cognizable

under the laws of the United States if they have reasonable

grounds to believe that the person to be arrested has committed

or is committing such a felony.

''(b) The powers granted by subsection (a) of this section shall

be exercised only in the enforcement of laws regarding property of

the United States in the custody of the Postal Service, including

property of the Postal Service, the use of the mails, and other

postal offenses.''

1970 - Pub. L. 91-375, Sec. 6(j)(38)(A)(i), substituted ''postal

personnel'' for ''postal inspectors'' in section catchline.

Subsec. (a). Pub. L. 91-375, Sec. 6(j)(38)(A)(ii), substituted

''officers and employees of the Postal Service performing duties

related to the inspection of postal matters may, to the extent

authorized by the Board of Governors - '' for ''postal inspectors

may, to the extent authorized by the Postmaster General - ''.

Subsec. (b). Pub. L. 91-375, Sec. 6(j)(38)(A)(iii), substituted

''Postal Service, including property of the Postal Service,'' for

''postal service''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by the Board of Governors of

the United States Postal Service and published by it in the Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 sections 1003, 3016.

-CITE-

18 USC Sec. 3062 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3062. General arrest authority for violation of release

conditions

-STATUTE-

A law enforcement officer, who is authorized to arrest for an

offense committed in his presence, may arrest a person who is

released pursuant to chapter 207 if the officer has reasonable

grounds to believe that the person is violating, in his presence, a

condition imposed on the person pursuant to section

3142(c)(1)(B)(iv), (v), (viii), (ix), or (xiii), or, if the

violation involves a failure to remain in a specified institution

as required, a condition imposed pursuant to section

3142(c)(1)(B)(x).

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 204(d), Oct. 12, 1984, 98

Stat. 1986; amended Pub. L. 100-690, title VII, Sec. 7052, Nov. 18,

1988, 102 Stat. 4401.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 substituted ''section 3142(c)(1)(B)(iv),

(v), (viii), (ix), or (xiii)'' for ''section 3142(c)(2)(D),

(c)(2)(E), (c)(2)(H), (c)(2)(I), or (c)(2)(M)'' and ''section

3142(c)(1)(B)(x)'' for ''section 3142(c)(2)(J)''.

-CITE-

18 USC Sec. 3063 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 203 - ARREST AND COMMITMENT

-HEAD-

Sec. 3063. Powers of Environmental Protection Agency

-STATUTE-

(a) Upon designation by the Administrator of the Environmental

Protection Agency, any law enforcement officer of the Environmental

Protection Agency with responsibility for the investigation of

criminal violations of a law administered by the Environmental

Protection Agency, may -

(1) carry firearms;

(2) execute and serve any warrant or other processes issued

under the authority of the United States; and

(3) make arrests without warrant for -

(A) any offense against the United States committed in such

officer's presence; or

(B) any felony offense against the United States if such

officer has probable cause to believe that the person to be

arrested has committed or is committing that felony offense.

(b) The powers granted under subsection (a) of this section shall

be exercised in accordance with guidelines approved by the Attorney

General.

-SOURCE-

(Added Pub. L. 100-582, Sec. 4(a), Nov. 1, 1988, 102 Stat. 2958.)

-CITE-