18 U.S.C. § 3055 — Officers’ powers to suppress Indian liquor

Page 692 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3052 (B) the disposition of such property; (C) the remission or mitigation of such for- feiture; and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any ap- plicable provision of law enforced or adminis- tered by the Bureau of Alcohol, Tobacco, Fire- arms, and Explosives. (2) For purposes of paragraph (1), duties that are imposed upon a customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or any other person as may be authorized or designated for that purpose by the Attorney General. (3) Notwithstanding any other provision of law, the disposition of firearms forfeited by rea- son 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. (Added Pub. L. 107–296, title XI, § 1113, Nov. 25, 2002, 116 Stat. 2279.) Editorial Notes REFERENCES IN TEXT Section 5872(b) of the Internal Revenue Code of 1986, referred to in subsec. (c)(3), is classified to section 5872(b) of Title 26, Internal Revenue Code. PRIOR PROVISIONS A prior section 3051, act June 25, 1948, ch. 645, § 1, 62 Stat. 817, related to powers of extradition agents, prior to repeal by act Oct. 31, 1951, ch. 655, § 56(f), 65 Stat. 729. Substantially identical provisions are contained in sec- tion 3193 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after Nov. 25, 2002, see sec- tion 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security. § 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 Investiga- tion 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 reason- able grounds to believe that the person to be ar- rested has committed or is committing such fel- ony. (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., Exec- utive Departments and Government Officers and Em- ployees (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 sec- tion 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. Editorial Notes 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. Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions 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. § 3053. Powers of marshals and deputies United States marshals and their deputies may carry firearms and may make arrests with- out 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 be- lieve that the person to be arrested has com- mitted 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., Judi- cial Code and Judiciary (June 15, 1935, ch. 259, § 2, 49 Stat. 378). Minor changes were made in phraseology. Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions 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. [§ 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 au- thorized 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 ar- rest and other lawful precepts issued under the authority of the United States and in the execu- tion of his duty he may command all necessary assistance. Page 693 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3056 1 See References in Text note below. (June 25, 1948, ch. 645, 62 Stat. 817.) HISTORICAL AND REVISION NOTES Based on section 250 of title 25, U.S.C., 1940 ed., Indi- ans (Aug. 24, 1912, ch. 388, § 1, 37 Stat. 519). The only change was to delete the words at the begin- ning of the section, ‘‘The powers conferred by section 504 of title 28 upon marshals and their deputies are con- ferred upon.’’ and the addition, at the end of the sec- tion, 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 Homeland Security, the United States Secret Service is authorized to protect the following persons: (1) The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, and the Vice President-elect. (2) The immediate families of those individ- uals 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 remar- riage. (4) Children of a former President who are under 16 years of age. (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 mis- sions 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 can- didates. As used in this paragraph, the term ‘‘major Presidential and Vice Presidential candidates’’ means those individuals identified as such by the Secretary of Homeland Secu- rity after consultation with an advisory com- mittee 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 addi- tional member selected by the other members of the committee. The Committee shall not be subject to chapter 10 of title 5. (8) 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 Se- curity shall have the authority to direct the Secret Service to provide temporary protec- tion for any of these individuals at any time thereafter if the Secretary of Homeland Secu- rity 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 au- thorized 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 Insur- ance 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 re- lating to coins, obligations, and securities of the United States and of foreign governments; or (3) any of the laws of the United States re- lating to electronic fund transfer frauds, ac- cess device frauds, false identification docu- ments or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution; ex- cept that the authority conferred by this para- graph shall be exercised subject to the agree- ment of the Attorney General and the Sec- retary of Homeland Security and shall not af- fect the authority of any other Federal law en- forcement agency with respect to those laws. (c)(1) Under the direction of the Secretary of Homeland Security, officers and agents of the Secret Service are authorized to— (A) execute warrants issued under the laws of the United States; (B) carry firearms; (C) make arrests without warrant for any of- fense 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 in- formation leading to the apprehension of per- sons involved in the violation or potential vio- lation of those provisions of law which the Se- cret Service is authorized to enforce; (E) pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of Homeland Security and ac- counted for solely on the Secretary’s certifi- cate; and (F) perform such other functions and duties as are authorized by law. (2) Funds expended from appropriations avail- able 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 reimburse- ment. (d) Whoever knowingly and willfully ob- structs, resists, or interferes with a Federal law enforcement agent engaged in the performance of the protective functions authorized by this section or by section 1752 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both. (e)(1) When directed by the President, the United States Secret Service is authorized to participate, under the direction of the Secretary of Homeland Security, in the planning, coordi- nation, and implementation of security oper- ations at special events of national significance, as determined by the President. (2) At the end of each fiscal year, the Presi- dent through such agency or office as the Presi- dent may designate, shall report to the Con- gress—