SECTION 3001. INVESTIGATIVE AUTHORITY OVER OFFENSES WITHIN THIS TITLE

Section 3001 (a) sets forth in eight paragraphs the basic breakdown of the investigative jurisdiction for the various offenses contained in the new Code.

It should be noted that section 3001 (a) refers to the "primary" responsibility for detecting and investigating the commission of offenses. This word is used to highlight the fact that all Federal investigators, in the exercise of their duties, have the responsibility to investigate and detect the commission of any Federal offense of which they become aware. It may be that, in the course of an investigation of an offense over which an investigator's agency has primary responsibility, the case may turn into the investigation of a wholly unrelated offense that falls within the purview of another agency. In such an event, the first investigator has authority to continue his investigation until a reference of the case to the primary agency can be accomplished. However, it is intended that wherever possible, and as soon as it is feasible, investigations should be conducted by the agency with primary responsibility.

Paragraph (1) concerns offenses defined in sections 1211-1214 of the proposed code. These are immigration offenses and the investigative authority is assigned to the Immigration and Naturalization Service as in current law.

Paragraph (2) assigns the investigative authority over offenses set forth in subchapter A of chapter 14 (Internal Revenue Offenses) and those in subchapter C of chapter 18 (Explosives and Firearms Offenses) to the Secretary of the Treasury. As under current law, the Committee assumes that the former offenses will be assigned to the Internal Revenue Service and the latter to the Alcohol, Tobacco, and Firearms Bureau of the Department of the Treasury.

Paragraph (3) assigns investigative responsibility over offenses contained in subchapter (B) of chapter 14 dealing with customs offenses to the customs service. Again this conforms to current law.

Paragraph (4) lists three specific jurisdictional bases set forth in the theft series of offenses (sections 1731 (Theft), 1732 (Trafficking in Stolen Property), and 1733 (Receiving Stolen Property)) and assigns investigative jurisdiction to the Secretary of Agriculture. Theft in these cases deals with matters peculiarly within the jurisdiction of agriculture inspectors.1 In addition, under paragraph (4), offenses described in section 1737 (a) (1) (Fraud in a Regulated Industry) relating to a formula or product acquired under the authority of section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act of 1972), section 1763 (Commodities Exchange Offenses), section 1851 (Fraud in a Health Related Industry) and section 1852 (Distributing Adulterated Food) are similarly made the investigatory responsibility of the Secretary of Agriculture.

Paragraph (5) assigns the responsibility for investigation of offenses described in subchapter E of chapter 17 (Counterfeiting, Forgery, and Related Offenses), as well as offenses against persons entitled

1 Section 1731 (c) (20) offenses committed by futures merchants under the Commodities Exchange Act: section 1731 (c) (26) offenses involving food stamp coupons; and section 1731 (c) (27) offenses involving agricultural products stored in licensed warehouses.

Section 3002.

to Secret Service protection, to the Secret Service; this carries forward the existing provisions of 18 U.S.C. 3056.

Paragraph (6) assigns the investigation of offenses covered by subchapter B of chapter 18 (Drug Offenses) to the Drug Enforcement Agency; this too comports with current law.

Paragraph (7) assigns the investigation of offenses in which the subject of the offense is the mail or other property of the United States Postal Service to the Postal Service; this carries forward existing 18 U.S.C. 3061.

Finally, under paragraph (8), the Federal Bureau of Investigation continues to have the responsibility to investigate those offenses not specifically assigned by law to another agency. An exception is made for those offenses incorporated into title 18 by reference. These offenses will remain the responsibility of the agency to which they are assigned by the incorporated statute.

Subsection (b) of section 3001 allows the transfer of responsibility to another law enforcement agency of investigative jurisdiction upon the written consent of the head of both agencies involved and of the Attorney General. This is the method provided by the Committee for the various agencies to sort out and refine the broad grants of investigative jurisdiction made under section 3001 (a). The Committee does not contemplate the wholesale trading and redesignation of investigative authority for entire subchapters or even that of individual sections, especially in title 18. Instead, it is contemplated that there will be redesignation of investigative authority by means of reference to individual jurisdictional bases within separate sections.

SECTION 3002. INVESTIGATIVE AUTHORITY OVER OFFENSES OUTSIDE THIS TITLE

This section provides that the primary responsibility for detecting and investigating offenses located outside of title 18 is to be vested in the law enforcement agency to which such responsibility has been specifically assigned by law, or to the Federal Bureau of Investigation if no other agency has been specifically designated such responsibility. This should generally continue existing law. Redesignation authority similar to that under section 3001 (b) is also provided under section 3002 (b).

SUBCHAPTER B.-LAW ENFORCEMENT AUTHORITY

(Sections 3011–3018)

This subchapter sets forth the specific authority of some eight Federal law enforcement agencies to do such things as carry firearms, make arrests, serve process, and offer and pay rewards. Not all Federal law enforcement agencies are included in this subchapter; only those

Section 3012.

whose responsibilities touch the new Code more than tangentially are included. All of the agencies listed in this subchapter are granted much the same authority and powers as they are under current law. However, the Committee has concluded that uniformity should be stressed wherever possible. Thus, most of the agencies listed are granted the authority to offer and pay rewards, although only the Secret Service 2 and, to a limited extent, the F.B.I.3 currently have such authority.

SECTION 3011. FEDERAL BUREAU OF INVESTIGATION

Section 3011 (Federal Bureau of Investigation) provides that the Director, Associate Director, Assistant to the Director, an Assistant Director, inspector, and an agent of the F.B.I. may carry a firearm; execute an order, warrant, subpoena, or other Federal process; make an arrest without a warrant for an offense committed in his presence, or for a felony if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; offer and pay rewards; and perform any other law enforcement duty that the Attorney General may designate. Section 3011 carries forward current 18 U.S.C. 3052 without substantive change.

Section 3011 is a reiteration of authority for the Federal Bureau of Investigation consisting, for the most part, of those basic powers that any Federal law enforcement agency should possess. Only two brief comments are in order. First, here, as in succeeding sections, authority is granted to offer and pay rewards for services or information assisting in the detection or investigation of the commission of an offense or in the apprehension of an offender. The Committee does not contemplate outlays of the sort that are authorized in the general reward statute, section 3131 of the Code. Instead, the Committee anticipates regular or special payments that may be made to undercover or underworld sources, informants, and tipsters for their assistance. These payments, of necessity, will be small. Second, the Committee has authorized the Bureau to perform such other law enforcement duties as the Attorney General may direct. This is intended. to give the Attorney General the necessary flexibility to meet future circumstances and needs as they arise. The same result is reached under current law. Similar authority has been provided to Department heads for other law enforcement agencies whose duties and authority are enumerated in this subchapter.

SECTION 3012. DRUG ENFORCEMENT ADMINISTRATION

Section 3012 authorizes an officer or employee of the Drug Enforcement Administration, subject to the direction of the Attorney General, to carry a firearm, execute an order, warrant, administrative inspection warrant, subpoena, or other federal process; make an arrest without a warrant for an offense committed in his presence, or for a felony if he has reasonable grounds to believe that the person to

1 Among those Federal law enforcement agencies not covered by this subchapter are the Park Police and agriculture inspectors.

218 U.S.C. 3056 (a).

328 U.S.C. 537; 28 C.F.R. 0.88.

428 U.S.C. 533.

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be arrested has committed or is committing a felony; offer and pay rewards; seize property pursuant to the provisionse of the Controlled Substances Act (21 U.S.C. 801 et seq.); and perform any other law enforcement duty that the Attorney General may designate. The section continues without substantive change the provisions of 21 U.S.C. 878. Although the powers of agents of the Drug Enforcement Agency are not presently included in title 18, the Committee believes that the authority of such agents should be included in the same subchapter with the authority of similar law enforcement officials. This facilitates reference to these provisions and permits uniformity of statement especially as many of the title 21 drug offenses are now contained in the Code. 5

Subsections (a), (c), (d), and (f) of section 3012 are identical to (a), (c), (d) and (e) of section 3011 detailing the authority to the F.B.I. Subsection (b) of section 3012, dealing with the execution of warrants or other process, provides for the execution of an "administrative inspection warrant." This is in conformity with the current provisions of 21 U.S.C. 878 (2).

Paragraph (e) of section 3012 carries forward the provisions of 21 U.S.C. 878 (4) relating to the seizure of property under the provisions of the Controlled Substances Act and authorizes D.E.A. agents to make such seizures.

SECTION 3013. DEPARTMENT OF THE TREASURY

Subsection (a) of section 3013 identifies the classes of officers and investigators under the Secretary of the Treasury who will exercise law enforcement authority under the Code, and subsection (b) enumerates the functions and duties of each, subject to the direction of the Secretary of the Treasury.

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Subsection (a) reaches all of the major investigative agents of the Treasury Department covering (1) an agent of the United States Secret Service currently covered by 18 U.S.C. 3056; (2) an officer of the Customs, as defined in 19 U.S.C. 1401 (i); (3) "an agent, investigator, or other internal revenue officer whom the Secretary has charged with the duty of enforcing any criminal seizure, or forfeiture provision of subtitle E of title 26;" and a criminal investigator of the Intelligence Division or the Internal Security Division of the Internal Revenue Service whom the Secretary has charged with the duty of enforcement of criminal provisions of the internal revenue laws pursuant to 26 U.S.C. 7608 (b).

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Under subsection (b) of section 3013, these agents are granted the authority to carry a firearm, execute warrants and other Federal process, make arrests, offer and pay rewards, and perform other law enforcement duties designated by the Secretary of the Treasury. Except for special exceptions contained in several of the paragraphs

5 Subchapter B of chapter 18.

19 U.S.C. 1401 (i) defines the term "officer of the customs" and "customs officer" to mean "an officer of the Bureau of Customs of the Treasury Department (also hereinafter referred to as the 'Customs Service') or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service."

726 U.S.C. 7608(a). Subtitle E of the title 26 concerns alcohol, tobacco, and certain other excise taxes; this paragraph of section 3013(a) is intended to cover agents of the Treasury Department's Alcohol, Tobacco, and Firearms Bureau.

Section 3014.

Section 3015.

of subsection (b), these powers are identical to the powers granted to the Federal Bureau of Investigation (section 3011), Drug Enforcement Agency officers (section 3012), employees of the Postal Service, (section 3014) and United States marshals (section 3015). The exceptions are derived from current law and reenact limitations on internal revenue agents' arrest powers without a warrant and the lack of authority for internal revenue agents to carry weapons. The functions and duties set out in subsection (b) are largely derived from 18 U.S.C. 3056 covering the powers of the Secret Service.

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Section 3013 omits as unnecessary the provision of 18 U.S.C. 3056 that monies expended from Secret Service appropriations for the purchase of counterfeits and subsequently recovered shall be reimbursed to appropriations current at the time of deposit. Section 3013 also omits the special provision on obstructing and resisting agents contained in 18 U.S.C. 3056 as that offense will be covered by subchapter A of chapter 13.

Section 3013 (c) continues the current law provision that, subject to the direction of the Secretary of the Treasury, the Secret Service is to protect the persons who are listed in paragraphs (1) through (11). The persons included are the same as those protected under current law, and the only changes made are those necessary to conform the existing law to Code style and definitions.

SECTION 3014. POSTAL SERVICE

Section 3014 provides that, subject to the direction of the Board of Directors of the Postal Service, an officer or employee of the Postal Service who is performing a duty related to the inspection of a Postal matter or enforcing a law regarding property of the Postal Service or Federal property in the custody of the Postal Service or related to the use of the mails, may carry a firearm, execute a warrant or other federal process, make arrests without a warrant, offer and pay rewards, and perform other law enforcement duties designated by the Board of Governors of the Postal Service.

Section 3014 is derived from 18 U.S.C. 3061 with little change in substance. Section 3014, unlike 18 U.S.C. 3061, will specifically authorize postal inspectors to carry firearms. The Committee has been informed that postal inspectors presently carry firearms, deriving the authority to do so from the general language of 18 U.S.C. 3061. The Committee believes that such authority is necessary and it is clearly spelled out in section 3014. The authority of postal inspectors to serve warrants is broadly stated in 18 U.S.C. 3061, whereas section 3014 is more detailed and employs the same language used throughout this subchapter to authorize service of process. This should result in little change in current warrant execution procedures for Postal Service agents.

SECTION 3015. UNITED STATES MARSHALS

Section 3015 states the authority of United States marshals. Subsection (a) authorizes a marshal to carry a firearm, execute an order, warrant, or other federal process, make an arrest without a warrant,