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28 U.S.C. § 599A — Bureau of alcohol, tobacco, firearms, and Explosives 11 So in original. Probably should be “Bureau of Alcohol, Tobacco, Firearms, and Explosives”.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 599A — Bureau of alcohol, tobacco, firearms, and Explosives 11 So in original. Probably should be “Bureau of Alcohol, Tobacco, Firearms, and Explosives”.

**(a) Establishment.—** (1) **In general.—** — There is established within the Department of Justice under the general authority of the Attorney General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the “Bureau”). (2) **Director.—** — There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle 22 See References in Text note below. referred to as the “Director”). The Director shall be appointed by the President, by and with the advice and consent of the Senate 33 So in original. Probably should be followed by a comma. and shall perform such functions as the Attorney General shall direct. The Director shall receive compensation at the rate prescribed by law under section 5314 of title V 44 So in original. Probably should be title “5”., United States Code, for positions at level III of the Executive Schedule. (3) **Coordination.—** — The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions. (4) **Performance of transferred functions.—** — The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section. **(b) Responsibilities.—** Subject to the direction of the Attorney Ge

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Stable record: federal_law:legal_authorities:record_usc_274244a353fe8bd6406976f4
Source file: Laws/federal/codes/united-states-code/title-28/section-599a-bureau-of-alcohol-tobacco-firearms-and-explosives--ca5a719714.md
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Source location: Title 28, Chapter 40A, § 599A; chapter-40a-bureau-of-alcohol-tobacco-firearms-and-explosives.md

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**(a) Establishment.—** (1) **In general.—** — There is established within the Department of Justice under the general authority of the Attorney General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the “Bureau”). (2) **Director.—** — There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle 22 See References in Text note below. referred to as the “Director”). The Director shall be appointed by the President, by and with the advice and consent of the Senate 33 So in original. Probably should be followed by a comma. and shall perform such functions as the Attorney General shall direct. The Director shall receive compensation at the rate prescribed by law under section 5314 of title V 44 So in original. Probably should be title “5”., United States Code, for positions at level III of the Executive Schedule. (3) **Coordination.—** — The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions. (4) **Performance of transferred functions.—** — The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section. **(b) Responsibilities.—** Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating— (1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; (2) the functions transferred by subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act); and (3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General. **(c) Transfer of authorities, functions, personnel, and assets to the Department of Justice.—** (1) **In general.—** — Subject to paragraph (2),2 but notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, which shall be maintained as a distinct entity within the Department of Justice, including the related functions of the Secretary of the Treasury. (3) **55 So in original. There is no par. (2). Building prospectus.—** — Prospectus PDC-98W10, giving the General Services Administration the authority for site acquisition, design, and construction of a new headquarters building for the Bureau of Alcohol, Tobacco and Firearms, is transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 412 — Special provisions concerning the Department of the Treasury

**(a) In General.—** (1) **Authority of secretary of treasury over certain audits and investigations.—** — Notwithstanding the 2d sentence and last sentence of [section 403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403/a&num=0&edition=prelim), the Inspector General of the Department of the Treasury shall be under the authority, direction, and control of the Secretary of the Treasury with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning— (A) ongoing criminal investigations or proceedings; (B) undercover operations; (C) the identity of confidential sources, including protected witnesses; (D) deliberations and decisions on policy matters, including documented information used as a basis for making policy decisions, the disclosure of which could reasonably be expected to have a significant influence on the economy or market behavior; (E) intelligence or counterintelligence matters; or (F) other matters the disclosure of which would constitute a serious threat to national security or to the protection of any person or property authorized protection by [section 3056 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3056&num=0&edition=prelim), [section 3056A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3056A&num=0&edition=prelim), or any provision of the Presidential Protection Assistance Act of 1976 (Public Law 94–524, [18 U.S.C. 3056](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3056&num=0&edition=prelim) note). (2) **Authority of secretary of treasury to prohibit carrying out or completing certain audits and investigat

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1701 — Vulnerability and threat assessment

**(a) Study** The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each field office of the Bureau of Customs and Border Protection that has responsibility for any portion of the United States borders with Canada and Mexico. The Under Secretary shall conduct follow-up studies at least once every 5 years. **(b) Report to Congress** The Under Secretary shall submit a report to Congress on the Under Secretary’s findings and conclusions from each study conducted under subsection (a) together with legislative recommendations, as appropriate, for addressing any security vulnerabilities found by the study. **(c) Authorization of appropriations** There are authorized to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may be necessary for fiscal years 2006 through 2011 to carry out any such recommendations from the first study conducted under subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2223b — Working group

For the purpose of carrying out [section 2223a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2223a&num=0&edition=prelim), the Administrator shall establish a working group which shall, at a minimum, consist of— (1) program officials from each of— (A) the Environmental Protection Agency; (B) the National Oceanic and Atmospheric Administration; (C) the Department of Transportation; (D) the Occupational Safety and Health Administration; and (E) the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, who develop and disseminate hazardous materials identification and response data, and who collect, collate, analyze, and disseminate hazardous materials incident data; (2) State and local operational officials with emergency response or relevant regulatory responsibilities; and (3) representatives of companies engaged in the manufacture and processing of chemicals.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 921 — Definitions

**(a)** As used in this chapter— (1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company. (2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. (4) The term “destructive device” means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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)** (1) Except as provided in paragraphs (2) and (3), and except to the extent that such provisions conflict with the provisions of [section 983 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section983&num=0&edition=prelim), United States Code, insofar as section 983 applies, the provisions of the Customs laws relating to— (A) the seizure, summary and judicial forfeiture, and condemnation of property; (B) the disposition of such property; (C) the remission or mitigation of such forfeiture; and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any applicable provision of law enforced or administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (2) For purposes of paragraph (1), duties that are imposed upon a customs officer or any other person with respect to the seizure a

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2006 — Execution against revenue officer

Execution shall not issue against a collector or other revenue officer on a final judgment in any proceeding against him for any of his acts, or for the recovery of any money exacted by or paid to him and subsequently paid into the Treasury, in performing his official duties, if the court certifies that: (1) probable cause existed; or (2) the officer acted under the directions of the Secretary of the Treasury, the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, or other proper Government officer. When such certificate has been issued, the amount of the judgment shall be paid out of the proper appropriation by the Treasury.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 531 — Staff composition

The Council shall have a staff, the head of which shall be a civilian Executive Secretary, who shall be appointed by the President. The President is authorized to fix the pay of the Executive Secretary at a rate not to exceed the rate of pay payable to the Executive Secretary of the National Security Council.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1445–3 — Purchase of inventory stock

Notwithstanding any other provision of law, in order to reduce or eliminate the excessive inventories of Flue-cured and Burley tobacco held by associations from the 1976 through 1984 crops, and in order to provide for the orderly disposition of such excessive inventories of tobacco in a manner that will not disrupt the orderly marketing of new tobacco crops and will minimize any losses to the Federal Government: **(a) Sale of inventory stock** (1) The producer-owned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Flue-cured tobacco shall offer to sell the stocks of Flue-cured tobacco of the association from the 1976 through 1984 crops as provided in this section. (2) Each producer-owned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Burley tobacco shall offer to sell its stocks of Burley tobacco from the 1982 and 1984 crops as provided in this section. (3) (A) (i) Not later than 30 days after April 7, 1986, the Commodity Credit Corporation shall acquire title to the Burley tobacco from the 1983 crop that is pledged as security for loans on such tobacco by calling the loans on such tobacco. (ii) The Corporation shall, then, offer such tobacco for sale at such times, in such quantities, and subject to such conditions as the Corporation considers appropriate. (B) If the Commodity Credit Corporation has not sold all of the stocks of the 1983 crop of Burley tobacco within 2 years from the date the Corporation calls the loans on such tobacco, the Corporation may offer to sell to domestic manufacturers of cigarettes the remaining stocks o

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 552 — Bureau of Alcohol, Tobacco, Firearms, and Explosives

**(a) , (b) Transferred** **(c) Transfer of authorities, functions, personnel, and assets to the Department of Justice** (1) **Transferred** (2) **Administration and revenue collection functions** — There shall be retained within the Department of the Treasury the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of title 26, sections 4181 and 4182 of title 26, and title 27. (3) **Transferred** **(d) Tax and Trade Bureau** (1) **Establishment** — There is established within the Department of the Treasury the Tax and Trade Bureau. (2) **Administrator** — The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as assigned by the Under Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive Service. (3) **Responsibilities** — The authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred to the Department of Justice under this section shall be retained and administered by the Tax and Trade Bureau.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 599A — Bureau of alcohol, tobacco, firearms, and

Page 269 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 599A 1 So in original. Does not conform to section catchline. 1 So in original. Probably should be ‘‘Bureau of Alcohol, To- bacco, Firearms, and Explosives’’. 2 See References in Text note below. 3 So in original. Probably should be followed by a comma. 4 So in original. Probably should be title ‘‘5’’. Editorial Notes AMENDMENTS 1987—Pub. L. 100–191 amended section generally, sub- stituting provisions relating to relationship with De- partment of Justice for substantially similar provi- sions. 1983—Pub. L. 97–409, § 2(a)(1)(A), substituted ‘‘inde- pendent counsel’’ for ‘‘special prosecutor’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–191 effective Dec. 15, 1987, and applicable to proceedings initiated and independent counsels appointed on and after Dec. 15, 1987, see sec- tion 6 of Pub. L. 100–191, set out as a note under section 591 of this title. § 598. Severability If any provision of this chapter or the applica- tion thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other per- sons not similarly situated or to other cir- cumstances shall not be affected by such invali- dation. (Added Pub. L. 95–521, title VI, § 601(a), Oct. 26, 1978, 92 Stat. 1873; amended Pub. L. 97–409, §§ 2(a)(1)(A), 7, Jan. 3, 1983, 96 Stat. 2039, 2042; Pub. L. 100–191, § 2, Dec. 15, 1987, 101 Stat. 1306.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–191 amended section generally, sub- stituting provisions relating to severability for provi- sions relating to termination of chapter. See section 599 of this title. 1983—Pub. L. 97–409, §§ 2(a)(1)(A), 7, substituted ref-

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 599A

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