CHAPTER 203—ARREST AND COMMITMENT

        

        

Amendments

1996—Pub. L. 104–294, title VI, §605(n), Oct. 11, 1996, 110 Stat. 3510, added item 3059B.

1994—Pub. L. 103–322, title XXXIII, §330010(18), Sept. 13, 1994, 108 Stat. 2144, inserted a period at end of item 3059A.

1990—Pub. L. 101–647, title XXXV, §3570, Nov. 29, 1990, 104 Stat. 4928, struck out item 3054 "Officer's powers involving animals and birds".

Pub. L. 101–647, title XXV, §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, §330011(a), Sept. 13, 1994, 108 Stat. 2144, added item 3059A.

1988—Pub. L. 100–582, §4(b), Nov. 1, 1988, 102 Stat. 2959, added item 3063.

Pub. L. 100–690, title VI, §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, §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 L. 98–473, title II, §204(e), Oct. 12, 1984, 98 Stat. 1986, substituted "Repealed" for "Security of the peace and good behavior" in item 3043 and added item 3062.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, §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, §303(b), Oct. 17, 1968, 82 Stat. 1118, struck out reference to "Rule" in item 3060.

Pub. L. 90–560, §5(b), Oct. 12, 1968, 82 Stat. 998, added item 3061.

1951—Act Oct. 31, 1951, ch. 655, §56(f), 65 Stat. 729, struck out item 3051 "Extradition agent's powers".

¹ So in original. Does not conform to section catchline.

§3041. Power of courts and magistrates

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, 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 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.

(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 89–465, §5(a), June 22, 1966, 80 Stat. 217; Pub. L. 90–578, title III, §301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98–473, title II, §204(a), Oct. 12, 1984, 98 Stat. 1985.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §591 (R.S. §1014; May 28, 1896, ch. 252, §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 of Name

Reference to United States magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

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.

Federal Rules of Criminal Procedure

Commitment to another district; removal, see rule 40, Appendix to this title.

Complaint, see rule 3.

Criminal contempt, admission to bail, see rule 42.

Custody or bail, continuation pending filing of new indictment or information, see rule 12.

Detained witness, direction for taking deposition, see rule 15.

Proceedings before United States magistrate judges, see rule 5.

Release from custody, see rule 46.

Secrecy of indictment pending defendant's custody or release pending trial, see rule 6.

Stay of execution and relief pending review, see rule 38.

Transmission of bail when transfer ordered from the district or division for trial, see rule 21.

Warrant or summons upon complaint, see rule 4.

Warrant or summons upon indictment or information, see rule 9.

Cross References

Arrests—

Searches and seizures, issuance of warrant, see Const. Amend. 4.

Senators and Representatives as privileged from arrest in all cases, except treason, felony and breach of the peace, during their attendance at the session of their respective Houses, and in going to and returning from the same, see Const. Art. I, §6.

Extraterritorial jurisdiction, generally, see section 3042 of this title.

Jurisdiction and venue, see section 3231 et seq. of this title.

Magistrate judges, power to impose conditions of release, see section 636 of Title 28, Judiciary and Judicial Procedure.

Release and detention pending judicial proceedings, see section 3141 et seq. of this title—

Appeal by United States, see section 3731 of this title.

Excessive bail shall not be required, see Const. Amend. 8.

Obstructing justice by false bail, see section 1506 of this title.

United States defined, see section 5 of this title.

United States magistrate judges, see section 631 et seq. of Title 28, Judiciary and Judicial Procedure.

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.

§3042. Extraterritorial jurisdiction

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.

(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 98–473, title II, §204(b), Oct. 12, 1984, 98 Stat. 1985.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §662b (Mar. 22, 1934, ch. 73, §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".

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Federal Rules of Criminal Procedure

Non-application to extradition proceedings, see rule 54, Appendix to this title.

Cross References

Habeas corpus, no right of appeal from final order in a proceeding to test the validity of a warrant of removal issued pursuant to this section, see section 2253 of Title 28, Judiciary and Judicial Procedure.

Provisional arrest, obtained by telegraph, see section 3187 of this title.

Section Referred to in Other Sections

This section is referred to in sections 14, 3187 of this title.

[§3043. Repealed. Pub. L. 98–473, title II, §204(c), Oct. 12, 1984, 98 Stat. 1986]

Section, acts June 25, 1948, ch. 645, 62 Stat. 816; Oct. 17, 1968, Pub. L. 90–578, title III, §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.

§3044. Complaint—(Rule)

See Federal Rules of Criminal Procedure

Contents of complaint; oath, Rule 3.

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

§3045. Internal revenue violations

Warrants of arrest for violations of internal revenue laws may be issued by United States magistrates 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.

(June 25, 1948, ch. 645, 62 Stat. 816; Pub. L. 90–578, title III, §301(a)(2), Oct. 17, 1968, 82 Stat. 1115.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §594 (May 28, 1896, ch. 252, §19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).

Minor changes were made in phraseology.

References in Text

The internal revenue laws, referred to in text, are classified generally to Title 26, Internal Revenue Code.

Amendments

1968—Pub. L. 90–578 substituted "United States magistrates" for "United States commissioners".

Change of Name

Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

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.

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, §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.

§3046. Warrant or summons—(Rule)

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.

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

§3047. Multiple warrants unnecessary

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.

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

Historical and Revision Notes

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

Minor changes were made in phraseology.

Federal Rules of Criminal Procedure

Warrants and summonses generally, see rules 4 and 9, Appendix to this title.

§3048. Commitment to another district; removal—(Rule)

See Federal Rules of Criminal Procedure

Arrest in nearby or distant districts; informative statement by judge or magistrate; hearing and removal; warrant; Rule 40.

(June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 90–578, title III, §301(a)(3), Oct. 17, 1968, 82 Stat. 1115.)

Amendments

1968—Pub. L. 90–578 substituted "magistrate" for "commissioner".

Change of Name

Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3049. Warrant for removal

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.

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

Historical and Revision Notes

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

§3050. Bureau of Prisons employees' powers

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.

(June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 99–646, §65, Nov. 10, 1986, 100 Stat. 3615.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §753k (June 29, 1940, ch. 449, §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."

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, §§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.

[§3051. Repealed. Oct. 31, 1951, ch. 655, §56(f), 65 Stat. 729]

Section, act June 25, 1948, ch. 645, §1, 62 Stat. 817, related to powers of extradition agents. Substantially identical provisions are contained in section 3193 of this title.

Savings Provision

Subsec. (l) of section 56 of act Oct. 31, 1951, ch. 655, 65 Stat. 730, provided that the repeal of this section should not affect any rights or liabilities existing hereunder on the effective date of the repeal (Oct. 31, 1951).

§3052. Powers of Federal Bureau of Investigation

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.

(June 25, 1948, ch. 645, 62 Stat. 817; Jan. 10, 1951, ch. 1221, §1, 64 Stat. 1239.)

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.

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, §§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.

Cross References

Federal Bureau of Investigation generally, see section 531 et seq. of Title 28, Judiciary and Judicial Procedure.

§3053. Powers of marshals and deputies

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.

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

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, §2, 49 Stat. 378).

Minor changes were made in phraseology.

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, §§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.

Cross References

United States marshals generally, see section 561 et seq. of Title 28, Judiciary and Judicial Procedure.

[§3054. Repealed. Pub. L. 97–79, §9(b)(3), Nov. 16, 1981, 95 Stat. 1079]

Section, acts June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969, Pub. L. 91–135, §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.

§3055. Officers' powers to suppress Indian liquor traffic

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.

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

Historical and Revision Notes

Based on section 250 of title 25, U.S.C., 1940 ed., Indians (Aug. 24, 1912, ch. 388, §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".

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

(a) Under the direction of the Secretary of the Treasury, 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 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.

(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 the Treasury 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 the Treasury, 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, 216,¹ 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of this title;

(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, credit and debit card frauds, and false identification documents or devices; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of the Treasury 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 the Treasury, 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 the Treasury 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.

(June 25, 1948, ch. 645, 62 Stat. 818; July 16, 1951, ch. 226, §4, 65 Stat. 122; Aug. 31, 1954, ch. 1143, §2, 68 Stat. 999; Pub. L. 86–168, title I, §104(h), Aug. 18, 1959, 73 Stat. 387; Pub. L. 87–791, Oct. 10, 1962, 76 Stat. 809; Pub. L. 87–829, §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, §1101, Oct. 21, 1968, 82 Stat. 1198; Pub. L. 91–644, title V, §19, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 91–651, §4, Jan. 5, 1971, 84 Stat. 1941; Pub. L. 93–346, §8, July 12, 1974, as added Pub. L. 93–552, title VI, §609(a), Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94–408, §2, Sept. 11, 1976, 90 Stat. 1239; Pub. L. 97–297, §3, Oct. 12, 1982, 96 Stat. 1318; Pub. L. 97–308, §2, Oct. 14, 1982, 96 Stat. 1452; Pub. L. 98–151, §115(b), Nov. 14, 1983, 97 Stat. 977; Pub. L. 98–587, §1(a), Oct. 30, 1984, 98 Stat. 3110; Pub. L. 103–329, title V, §530, Sept. 30, 1994, 108 Stat. 2412; Pub. L. 104–294, title VI, §605(i), Oct. 11, 1996, 110 Stat. 3510.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §148, and on sections 264(x) and 986 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, §12B, subsection (x), as added June 16, 1933, ch. 89, §8, 48 Stat. 178; July 17, 1916, ch. 245, §31, sixth paragraph, 39 Stat. 382 (384); Dec. 11, 1926, ch. 2, §3, 44 Stat. 918; Aug. 23, 1935, ch. 614, §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.

References in Text

Section 216 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 98–473, title II, §1107(b), Oct. 12, 1984, 98 Stat. 2146.

Amendments

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, §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, §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, §3(1), substituted "871, and 879 of this title" for "and 871 of this title".

Pub. L. 97–297, §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 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.

Telecommunications Support to United States Secret Service by White House Communications Agency

Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8100], Sept. 30, 1996, 110 Stat. 3009–71, 3009-108, as amended by Pub. L. 106–92, §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, §101(f) [title V, §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, §509, Nov. 19, 1995, 109 Stat. 492.

Pub. L. 103–329, title V, §514, Sept. 30, 1994, 108 Stat. 2410.

Pub. L. 103–123, title V, §515, Oct. 28, 1993, 107 Stat. 1253.

Pub. L. 102–393, title V, §519, Oct. 6, 1992, 106 Stat. 1759.

Pub. L. 102–141, title V, §522, Oct. 28, 1991, 105 Stat. 865.

Pub. L. 101–509, title V, §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, §143, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 101–136, title V, §527, Nov. 3, 1989, 103 Stat. 815; Pub. L. 101–509, title V, §531(a), Nov. 5, 1990, 104 Stat. 1469; Pub. L. 102–141, title V, §533, Oct. 28, 1991, 105 Stat. 867; Pub. L. 104–52, title V, §529, Nov. 19, 1995, 109 Stat. 496; Pub. L. 104–316, title I, §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."

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, §1, Sept. 11, 1976, 90 Stat. 1239; Pub. L. 94–524, §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, §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]."

Section Referred to in Other Sections

This section is referred to in sections 115, 351, 879, 1752, 2332b, 4247 of this title; title 5 sections 552a, 5542; title 12 section 3414; title 22 sections 2709, 4304; title 31 sections 1344, 1537.

¹ See References in Text note below.

§3057. Bankruptcy investigations

(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 referee, 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.

(June 25, 1948, ch. 645, 62 Stat. 818; May 24, 1949, ch. 139, §48, 63 Stat. 96; Pub. L. 95–598, title III, §314(i), Nov. 6, 1978, 92 Stat. 2677.)

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, §29e(1), (2), as added by May 27, 1926, ch. 406, §11, 44 Stat. 665, 666; June 22, 1938, ch. 575, §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, §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, §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 (§151 et seq.), chapter 96 (§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.

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, §§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.

§3058. Interned belligerent nationals

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.

(June 25, 1948, ch. 645, 62 Stat. 818; Pub. L. 101–647, title XXXV, §3571, Nov. 29, 1990, 104 Stat. 4928.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §37 (June 15, 1917, ch. 30, title V, §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".

Cross References

Jurisdiction, see section 3241 of this title.

Section Referred to in Other Sections

This section is referred to in title 22 section 465.

§3059. Rewards and appropriations therefor

(a)(1) There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $25,000 as a reward or rewards for the capture of anyone who is charged with violation of criminal laws of the United States or any State or of the District of Columbia, and an equal amount as a reward or rewards for information leading to the arrest of any such person, to be apportioned and expended in the discretion of, and upon such conditions as may be imposed by, the Attorney General of the United States. Not more than $25,000 shall be expended for information or capture of any one person.

(2) If any of the said persons shall be killed in resisting lawful arrest, the Attorney General may pay any part of the reward money in his discretion to the person or persons whom he shall adjudge to be entitled thereto but no reward money shall be paid to any official or employee of the Department of Justice of the United States.

(b) The Attorney General each year may spend not more than $10,000 for services or information looking toward the apprehension of narcotic law violators who are fugitives from justice.

(c)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make a payment of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution under section 2326 which results in a conviction.

(2) A person is not eligible for a payment under paragraph (1) if—

(A) the person is a current or former officer or employee of a Federal, State, or local government agency or instrumentality who furnishes information discovered or gathered in the course of government employment;

(B) the person knowingly participated in the offense;

(C) the information furnished by the person consists of an allegation or transaction that has been disclosed to the public—

(i) in a criminal, civil, or administrative proceeding;

(ii) in a congressional, administrative, or General Accounting Office report, hearing, audit, or investigation; or

(iii) by the news media, unless the person is the original source of the information; or

(D) when, in the judgment of the Attorney General, it appears that a person whose illegal activities are being prosecuted or investigated could benefit from the award.

(3) For the purposes of paragraph (2)(C)(iii), the term "original source" means a person who has direct and independent knowledge of the information that is furnished and has voluntarily provided the information to the Government prior to disclosure by the news media.

(4) Neither the failure of the Attorney General to authorize a payment under paragraph (1) nor the amount authorized shall be subject to judicial review.

(June 25, 1948, ch. 645, 62 Stat. 818; Pub. L. 97–258, §2(d)(2), Sept. 13, 1982, 96 Stat. 1058; Pub. L. 103–322, title XXV, §250004, Sept. 13, 1994, 108 Stat. 2086.)

Historical and Revision Notes

1948 Act

Based on title 18, U.S.C., 1940 ed., §575 (June 6, 1934, ch. 408, 48 Stat. 910).

Changes were made in phraseology.

1982 Act

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3059(b)	31:1023(c).	June 1, 1955, ch. 119, §1(c), 69 Stat. 82.

The words "Attorney General" are substituted for "Secretary of the Treasury" because of section 1 of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1091).

References in Text

The criminal laws of the United States, referred to in subsec. (a)(1), are classified generally to this title.

Amendments

1994—Subsec. (c). Pub. L. 103–322 added subsec. (c).

1982—Pub. L. 97–258, §2(d)(2), redesignated existing provisions as subsec. (a)(1) and (2) and added subsec. (b).

Spending Limitations Lifted

Pub. L. 104–19, title III, §3001, July 27, 1995, 109 Stat. 250, provided that: "Any funds made available to the Attorney General heretofore or hereafter in any Act shall not be subject to the spending limitations contained in sections 3059 and 3072 of title 18, United States Code: Provided, That any reward of $100,000 or more, up to a maximum of $2,000,000, may not be made without the personal approval of the President or the Attorney General, and such approval may not be delegated."

Similar provisions were contained in the following appropriation acts:

Pub. L. 106–113, div. B, §1000(a)(1) [title I, §106], Nov. 29, 1999, 113 Stat. 1535, 1501A-19.

Pub. L. 105–277, div. A, §101(b) [title I, §106], Oct. 21, 1998, 112 Stat. 2681–50, 2681-66.

Pub. L. 105–119, title I, §106, Nov. 26, 1997, 111 Stat. 2457.

Pub. L. 104–208, div. A, title I, §101(a) [title I, §106], Sept. 30, 1996, 110 Stat. 3009, 3009-17.

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Section Referred to in Other Sections

This section is referred to in section 14 of this title.

§3059A. Special rewards for information relating to certain financial institution offenses

(a)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make payments to persons who furnish information unknown to the Government relating to a possible prosecution under section 215, 225, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 1341, 1343, 1344, or 1517 of this title affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States, or to a possible prosecution for conspiracy to commit such an offense.

(2) The amount of a payment under paragraph (1) shall not exceed $50,000 and shall be paid from the Financial Institution Information Award Fund established under section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of 1990.

(b) A person is not eligible for a payment under subsection (a) if—

(1) the person is a current or former officer or employee of a Federal or State government agency or instrumentality who furnishes information discovered or gathered in the course of his government employment;

(2) the furnished information consists of allegations or transactions that have been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or General Accounting Office report, hearing, audit or investigation, from any other government source, or from the news media unless the person is the original source of the information;

(3) the person is an institution-affiliated party (as defined in section 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(u)) which withheld information during the course of any bank examination or investigation authorized pursuant to section 10 of such Act (12 U.S.C. 1820) who such party owed a fiduciary duty to disclose;

(4) the person is a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or

(5) the person knowingly participated in the violation of the section with respect to which the payment would be made.

(c) For the purposes of subsection (b)(2), the term "original source" means a person who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government prior to the disclosure.

(d) Neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review.

(e)(1) A person who—

(A) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the person on behalf of the person or others in furtherance of a prosecution under any of the sections referred to in subsection (a) (including provision of information relating to, investigation for, initiation of, testimony for, or assistance in such a prosecution); and

(B) was not a knowing participant in the unlawful activity that is the subject of such a prosecution,

may, in a civil action, obtain all relief necessary to make the person whole.

(2) Relief under paragraph (1) shall include—

(A)(i) reinstatement with the same seniority status;

(ii) 2 times the amount of back pay plus interest; and

(iii) interest on the back pay,

that the plaintiff would have had but for the discrimination; and

(B) compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.

(Added Pub. L. 101–647, title XXV, §2587(a), Nov. 29, 1990, 104 Stat. 4904; amended Pub. L. 103–322, title XXXII, §320607, title XXXIII, §330010(10), (17), Sept. 13, 1994, 108 Stat. 2120, 2143, 2144; Pub. L. 104–294, title VI, §§601(f)(4), 604(b)(24), Oct. 11, 1996, 110 Stat. 3499, 3508.)

References in Text

Section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of 1990, referred to in subsec. (a)(2), is classified to section 4209 of Title 12, Banks and Banking.

Amendments

1996—Subsec. (a)(1). Pub. L. 104–294, §601(f)(4), substituted "section 215, 225," for "section 215 225,,".

Subsec. (e)(2)(A)(iii). Pub. L. 104–294, §604(b)(24), amended directory language of Pub. L. 103–322, §330010(17). See 1994 Amendment note below.

1994—Subsec. (a)(1). Pub. L. 103–322, §320607, inserted "225," after "215", struck out "or" before "1344", and inserted ", or 1517" after "1344".

Subsecs. (b), (c). Pub. L. 103–322, §330010(10), substituted "subsection" for "this subsection".

Subsec. (e)(2)(A)(iii). Pub. L. 103–322, §330010(17), as amended by Pub. L. 104–294, §604(b)(24), substituted "back pay" for "backpay".

Effective Date of 1996 Amendment

Amendment by section 604(b)(24) of Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Section Referred to in Other Sections

This section is referred to in title 12 sections 4205, 4209, 4212, 4225, 4229.

§3059B. General reward authority

(a) Notwithstanding any other provision of law, the Attorney General may pay rewards and receive from any department or agency funds for the payment of rewards under this section to any individual who assists the Department of Justice in performing its functions.

(b) Not later than 30 days after authorizing a reward under this section that exceeds $100,000, the Attorney General shall give notice to the respective chairmen of the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives.

(c) A determination made by the Attorney General to authorize an award under this section and the amount of any reward authorized shall be final and conclusive, and not subject to judicial review.

(Added Pub. L. 104–132, title VIII, §815(e)(1), Apr. 24, 1996, 110 Stat. 1315.)

§3060. Preliminary examination

(a) Except as otherwise provided by this section, a preliminary examination shall be held within the time set by the judge or magistrate 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 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 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 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 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 magistrates 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.

(June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90–578, title III, §303(a), Oct. 17, 1968, 82 Stat. 1117.)

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 of Name

Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

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.

§3061. Investigative powers of Postal Service personnel

(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.

(Added Pub. L. 90–560, §5(a), Oct. 12, 1968, 82 Stat. 998; amended Pub. L. 91–375, §6(j)(38)(A), Aug. 12, 1970, 84 Stat. 781; Pub. L. 100–690, title VI, §6251(a), Nov. 18, 1988, 102 Stat. 4362.)

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, §6(j)(38)(A)(i), substituted "postal personnel" for "postal inspectors" in section catchline.

Subsec. (a). Pub. L. 91–375, §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, §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.

Section Referred to in Other Sections

This section is referred to in title 39 section 1003.

§3062. General arrest authority for violation of release conditions

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).

(Added Pub. L. 98–473, title II, §204(d), Oct. 12, 1984, 98 Stat. 1986; amended Pub. L. 100–690, title VII, §7052, Nov. 18, 1988, 102 Stat. 4401.)

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)".

§3063. Powers of Environmental Protection Agency

(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.

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