CHAPTER 203 - ARREST AND COMMITMENT
Title 18 > CHAPTER 203
Sections (40)
§ 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 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. ( 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 ; Pub. L. 101–650, title III, § 321 , Dec. 1, 1990 , 104 Stat. 5117 .)
§ 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 .)
[§ 3043 Repealed. Pub. L. 98–473, title II, § 204(c), Oct. 12, 1984, 98 Stat. 1986]
§ 3044 Complaint—(Rule)
( 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 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. ( June 25, 1948, ch. 645 , 62 Stat. 816 ; Pub. L. 90–578, title III, § 301(a)(2) , Oct. 17, 1968 , 82 Stat. 1115 ; Pub. L. 101–650, title III, § 321 , Dec. 1, 1990 , 104 Stat. 5117 .)
§ 3046 Warrant or summons—(Rule)
( 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 .)
§ 3048 Commitment to another district; removal—(Rule)
( June 25, 1948, ch. 645 , 62 Stat. 817 ; Pub. L. 90–578, title III, § 301(a)(3) , Oct. 17, 1968 , 82 Stat. 1115 ; Pub. L. 101–650, title III, § 321 , Dec. 1, 1990 , 104 Stat. 5117 .)
§ 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 .)
§ 3050 Bureau of Prisons employees’ powers
An officer or employee of the Bureau of Prisons may— 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; 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 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 .)
§ 3051 Powers of Special Agents 11 So in original. The words “Special Agents” probably should not be capitalized. of Bureau of Alcohol, Tobacco, Firearms, and Explosives
(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) 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— the seizure, summary and judicial forfeiture, and condemnation of property; the disposition of such property; the remission or mitigation of such forfeiture; and 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. 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. 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.
§ 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 .)
§ 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 .)
[§ 3054 Repealed. Pub. L. 97–79, § 9(b)(3), Nov. 16, 1981, 95 Stat. 1079]
§ 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 .)
§ 3056 Powers, authorities, and duties of United States Secret Service
(a) Under the direction of the Secretary of Homeland Security, the United States Secret Service is authorized to protect the following persons: 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. The immediate families of those individuals listed in paragraph (1). Former Presidents and their spouses for their lifetimes, except that protection of a spouse shall terminate in the event of remarriage. Children of a former President who are under 16 years of age. Visiting heads of foreign states or foreign governments. 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. 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 Committee shall not be subject to chapter 10 of title 5. Former Vice Presidents, their spouses, and their children who are under 16 years of age, for a period of not more than six months after the date the former Vice President leaves office. 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 thereafter if the Secretary of Homeland Security or designee determines that information or conditions warrant such protection. The protection authorized in paragraphs (2) through (8) 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— 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; any of the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; or 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) Under the direction of the Secretary of Homeland Security, officers and agents of the Secret Service are authorized to— execute warrants issued under the laws of the United States; carry firearms; 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; 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; 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 perform such other functions and duties as are authorized by law. 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) 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. At the end of each fiscal year, the President through such agency or office as the President may designate, shall report to the Congress— what events, if any, were designated special events of national significance for security purposes under paragraph (1); and the criteria and information used in making each designation.
(f) Under the direction of the Secretary of Homeland Security, the Secret Service is authorized, at the request of any State or local law enforcement agency in conjunction with an investigation, or at the request of the National Center for Missing and Exploited Children, to provide forensic and investigative assistance.
(g) The United States Secret Service shall be maintained as a distinct entity within the Department of Homeland Security and shall not be merged with any other Department function. No personnel and operational elements of the United States Secret Service shall report to an individual other than the Director of the United States Secret Service, who shall report directly to the Secretary of Homeland Security without being required to report through any other official of the Department.
“SECTION 1 SHORT TITLE.
“This Act may be cited as the ‘Enhanced Presidential Security Act of 2024’.
“SEC. 2 UNIFORM STANDARDS FOR SECRET SERVICE PROTECTION OF PRESIDENTS, VICE PRESIDENTS, AND MAJOR PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES.
“The Director of the United States Secret Service shall apply the same standards for determining the number of agents required to protect Presidents, Vice Presidents, and major Presidential and Vice Presidential candidates.
“SEC. 3 REPORT.
“Not later than 180 days after the date of enactment of this Act [ Oct. 1, 2024 ], the Director of the United States Secret Service shall conduct a comprehensive review of the provision of protection by the Secret Service for Presidents, Vice Presidents, former Presidents, and major Presidential and Vice Presidential candidates, and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that includes the findings from such review, along with any recommendations for improving the provision of protection.
“SEC. 4 DEFINITION.
“In this Act, the term ‘major Presidential and Vice Presidential candidates’ has the meaning given such term in section 3056 of title 18 , United States Code, and includes any other Presidential or Vice Presidential candidate for whom the President has otherwise authorized the Secret Service to protect.”
“Sec. 2
As used in this Act the term— ‘Secret Service’ means the United States Secret Service, the Department of the Treasury; ‘Director’ means the Director of the Secret Service; ‘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 ) [formerly set out as a note below]; ‘Executive departments’ has the same meaning as provided in section 101 of title 5 , United States Code; ‘Executive agencies’ has the same meaning as provided in section 105 of title 5 , United States Code; ‘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; ‘duties’ means all responsibilities of an Executive department or Executive agency relating to the protection of any protectee; and ‘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 [formerly set out as a note below] other than funds specifically appropriated to the Secret Service for those purposes with the exception of— 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 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 Oversight and Accountability of the House of Representatives and Committee on Homeland Security and Governmental 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 Oversight and Accountability of the House of Representatives and Committee on Homeland Security and Governmental 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 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.”
§ 3056A Powers, authorities, and duties of United States Secret Service Uniformed Division
(a) There is hereby created and established a permanent police force, to be known as the “United States Secret Service Uniformed Division”. Subject to the supervision of the Secretary of Homeland Security, the United States Secret Service Uniformed Division shall perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following: The White House in the District of Columbia. Any building in which Presidential offices are located. The Treasury Building and grounds. The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, the Vice President-elect, and their immediate families. Foreign diplomatic missions located in the metropolitan area of the District of Columbia. The temporary official residence of the Vice President and grounds in the District of Columbia. Foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) in the United States where there are located twenty or more such missions headed by full-time officers, except that such protection shall be provided only— on the basis of extraordinary protective need; upon request of an affected metropolitan area; and when the extraordinary protective need arises at or in association with a visit to— a permanent mission to, or an observer mission invited to participate in the work of, an international organization of which the United States is a member; or an international organization of which the United States is a member; except that such protection may also be provided for motorcades and at other places associated with any such visit and may be extended at places of temporary domicile in connection with any such visit. Foreign consular and diplomatic missions located in such areas in the United States, its territories and possessions, as the President, on a case-by-case basis, may direct. Visits of foreign government officials to metropolitan areas (other than the District of Columbia) where there are located twenty or more consular or diplomatic missions staffed by accredited personnel, including protection for motorcades and at other places associated with such visits when such officials are in the United States to conduct official business with the United States Government. Former Presidents and their spouses, as provided in section 3056(a)(3) of title 18 . An event designated under section 3056(e) of title 18 as a special event of national significance. Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates, as provided in section 3056(a)(7) of title 18 . Visiting heads of foreign states or foreign governments.
(b) Under the direction of the Director of the Secret Service, members of the United States Secret Service Uniformed Division are authorized to— carry firearms; 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; and perform such other functions and duties as are authorized by law. Members of the United States Secret Service Uniformed Division shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia.
(c) Members of the United States Secret Service Uniformed Division shall be furnished with uniforms and other necessary equipment.
(d) In carrying out the functions pursuant to paragraphs (7) and (9) of subsection (a), the Secretary of Homeland Security may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The Secretary of Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract. The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under paragraphs (7) and (9) of subsection (a), the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956.
§ 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 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.
§ 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 .)
[§§ 3059 to 3059B Repealed. Pub. L. 107–273, div. A, title III, § 301(c)(2), Nov. 2, 2002, 116 Stat. 1781]
§ 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 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— the fourteenth 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 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 judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.
(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.
§ 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— serve warrants and subpoenas issued under the authority of the United States; make arrests without warrant for offenses against the United States committed in their presence; 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; carry firearms; and make seizures of property as provided by law.
(b) The powers granted by subsection (a) of this section shall be exercised only— 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 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.
(c) The Postal Service may employ police officers for duty in connection with the protection of property owned or occupied by the Postal Service or under the charge and control of the Postal Service, and persons on that property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property. With respect to such property, such officers shall have the power to— enforce Federal laws and regulations for the protection of persons and property; carry firearms; and make arrests without a warrant for any offense against the Unites 1 States committed in the presence of the officer or for any felony cognizable under the laws of the United States if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. With respect to such property, such officers may have, to such extent as the Postal Service may by regulations prescribe, the power to— serve warrants and subpoenas issued under the authority of the United States; and conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Postal Service or persons on the property. As to such property, the Postmaster General may prescribe regulations necessary for the protection and administration of property owned or occupied by the Postal Service and persons on the property. The regulations may include reasonable penalties, within the limits prescribed in subparagraph (B), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property. A person violating a regulation prescribed under this subsection shall be fined under this title, imprisoned for not more than 30 days, or both.
§ 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 .)
§ 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— carry firearms; execute and serve any warrant or other processes issued under the authority of the United States; and make arrests without warrant for— any offense against the United States committed in such officer’s presence; or 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.
§ 3064 Powers of Federal Motor Carrier Safety Administration
Authorized employees of the Federal Motor Carrier Safety Administration may direct a driver of a commercial motor vehicle (as defined in section 31132 of title 49 ) to stop for inspection of the vehicle, driver, cargo, and required records at or in the vicinity of an inspection site. (Added Pub. L. 109–59, title IV, § 4143(b) , Aug. 10, 2005 , 119 Stat. 1748 .)