General
Section 3041 of title 18The Secretary shall investigate violations of this subtitle and in any case in which prosecution appears warranted the Secretary shall report the violation to the United States Attorney for the district in which such violation was committed, who is hereby charged with the duty of prosecuting the offenders, subject to the direction of the Attorney General, as in the case of other offenses against the laws of the United States; and the Secretary may swear out warrants before United States magistrate judges or other officers or courts authorized to issue warrants for the apprehension of such offenders, and may, subject to the control of such United States Attorney, conduct the prosecution at the committing trial for the purpose of having the offenders held for the action of a grand jury. of the United States Code is hereby made applicable in the enforcement of this subtitle.
Cross reference
For provisions relating to the issuance of search warrants, see the Federal Rules of Criminal Procedure.
Pub. L. 85–859, title II, § 20172 Stat. 1396Pub. L. 90–578, title IV, § 402(b)(2)82 Stat. 1118Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 101–650, title III, § 321104 Stat. 5117(Added , , ; amended , , ; , , ; , , .)
Editorial Notes
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix of Title 18, Crimes and Criminal Procedure.
Prior Provisions
act Aug. 16, 1954, ch. 73668A Stat. 681Pub. L. 85–859section 5560 of this titleA prior section 5557, , , related to applicability of other provisions, prior to the general revision of this chapter by . See .
act Aug. 16, 1954, ch. 73668A Stat. 659Pub. L. 85–859Provisions similar to those comprising this section were contained in prior section 5314, , , prior to the general revision of this chapter by .
Amendments
Pub. L. 94–4551976—Subsec. (a). struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Pub. L. 90–578“United States magistrate judges” substituted for “United States magistrates” in subsec. (a) pursuant to , set out as a note under , Judiciary and Judicial Procedure. Previously, “United States magistrates” substituted for “United States commissioners” pursuant to . See chapter 43 (§ 631 et seq.) of Title 28.