28 Usc 599a

Page 269

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE

held invalid, the remainder of this chapter and
the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.
(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, substituting provisions relating to severability for provisions relating to termination of chapter. See section
599 of this title.
1983—Pub. L. 97–409, §§ 2(a)(1)(A), 7, substituted reference to the date of enactment of the Ethics in Government Act Amendments of 1982 for reference to the
date of enactment of this chapter and substituted
‘‘independent counsel’’ for ‘‘special prosecutor’’ wherever appearing.
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 section 6 of Pub. L. 100–191, set out as a note under section
591 of this title.

§ 599. Termination of effect of chapter
This chapter shall cease to be effective five
years after the date of the enactment of the
Independent Counsel Reauthorization Act of
1994, except that this chapter shall continue in
effect with respect to then pending matters before an independent counsel that in the judgment of such counsel require such continuation
until that independent counsel determines such
matters have been completed.
(Added Pub. L. 100–191, § 2, Dec. 15, 1987, 101 Stat.
1306; amended Pub. L. 103–270, § 2, June 30, 1994,
108 Stat. 732.)

§ 599A

Sec.

599B.

Personnel
project 1

management

demonstration

§ 599A. Bureau of alcohol, tobacco, firearms, and
Explosives 1
(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 2 referred to as the ‘‘Director’’). The Director shall be appointed by the President, by
and with the advice and consent of the Senate 3 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 4,
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.

EFFECTIVE DATE OF 1994 AMENDMENT

(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.

Amendment by Pub. L. 103–270 applicable with respect to independent counsels appointed before, on, or
after June 30, 1994, see section 7(a) of Pub. L. 103–270,
set out as an Effective Date of 1994 Amendment; Transition Provisions note under section 591 of this title.

(c) TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO THE DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—Subject to paragraph (2),2

Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Independent Counsel Reauthorization Act of 1994, referred to in text, is
the date of enactment of Pub. L. 103–270, which was approved June 30, 1994.
AMENDMENTS
1994—Pub. L. 103–270 substituted ‘‘1994’’ for ‘‘1987’’.
Statutory Notes and Related Subsidiaries

EFFECTIVE DATE
Section effective Dec. 15, 1987, see section 6 of Pub. L.
100–191, set out as a note under section 591 of this title.

CHAPTER 40A—BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES
Sec.

599A.

Bureau of Alcohol, Tobacco, Firearms, and
Explosives

but notwithstanding any other provision of
law, there are transferred to the Department
of Justice the authorities, functions, per1 So

in original. Does not conform to section catchline.
in original. Probably should be ‘‘Bureau of Alcohol, Tobacco, 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’’.
1 So

§ 599B

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE

sonnel, 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) 5 BUILDING PROSPECTUS.—Prospectus PDC98W10, 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).
(Added and amended Pub. L. 109–162, title XI,
§ 1187(b), (c)(1), Jan. 5, 2006, 119 Stat. 3127; Pub. L.
109–177, title V, § 504, Mar. 9, 2006, 120 Stat. 247.)
Editorial Notes
REFERENCES IN TEXT
This subtitle, referred to in subsec. (a)(2), meant subtitle B (§§ 1111–1115) of title XI of Pub. L. 107–296, Nov.
25, 2002, 116 Stat. 2274, when subsec. (a) was originally
included in section 1111 of Pub. L. 107–296. See Codification note below. There are no subtitles in this title of
the Code. Subtitle B of title XI of Pub. L. 107–296 enacted part B (§ 531 et seq.) of subchapter XI of chapter
1 of Title 6, Domestic Security, and section 3051 of Title
18, Crimes and Criminal Procedure, amended section
2006 of this title, sections 8D and 9 of the Inspector General Act of 1978, Pub. L. 95–452, formerly set out in the
Appendix to Title 5, Government Organization and Employees (see 5 U.S.C. 412, 422), section 1445–3 of Title 7,
Agriculture, section 1701 of Title 8, Aliens and Nationality, section 2223b of Title 15, Commerce and Trade,
sections 841 to 847, 921 to 923, 925, 926, 1261, 1952, 2341,
2343, and 2346 of Title 18, sections 6103 and 7801 of Title
26, Internal Revenue Code, sections 713 and 9705 of Title
31, Money and Finance, sections 12281 and 50102 of Title
34, Crime Control and Law Enforcement, sections 80303
and 80304 of Title 49, Transportation, and provisions set
out as a note under section 921 of Title 18. For complete
classification of subtitle B to the Code, see Tables.
Subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act), referred to in subsec. (b)(2), is section 1111(c) of Pub. L. 107–296, title XI, Nov. 25, 2002, 116
Stat. 2275, which was classified to section 531(c) of Title
6, Domestic Security, prior to transfer of subsec. (c)(1),
(3) of such section to subsec. (c)(1), (3) of this section.
Paragraph (2), referred to in subsec. (c)(1), meant
paragraph (2) of section 1111(c) of Pub. L. 107–296, when
subsec. (c)(1) of this section was originally included in
section 1111 of Pub. L. 107–296. See Codification note
below. Section 1111(c)(2) of Pub. L. 107–296 is classified
to section 531(c)(2) of Title 6, Domestic Security.
CODIFICATION
The section catchline and text of subsecs. (a) to (c)(1),
(3) of section 1111 of Pub. L. 107–296, formerly classified
to section 531 of Title 6, Domestic Security, which were
transferred to this chapter, redesignated as this section, and amended by Pub. L. 109–162, § 1187(b), (c)(1),
were based on Pub. L. 107–296, title XI, § 1111(a)–(c)(1),
(3), Nov. 25, 2002, 116 Stat. 2274, 2275.

Subsec. (a)(2). Pub. L. 109–177, which directed amendment of second sentence of ‘‘section 1111(a)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 531(a)(2))’’ by
substituting ‘‘President, by and with the advice and
consent of the Senate’’ for ‘‘Attorney General’’ the
first time appearing, was executed to this section to reflect the probable intent of Congress in light of the
transfer of subsec. (a) of section 1111 of the Homeland
Security Act of 2002 to this section by Pub. L. 109–162,
§ 1187(b). See Amendment and Codification notes above.
Subsec. (b)(2). Pub. L. 109–162, § 1187(c)(1)(B), inserted
‘‘of section 1111 of the Homeland Security Act of 2002
(as enacted on the date of the enactment of such Act)’’
after ‘‘subsection (c)’’.

§ 599B. Personnel Management demonstration 1
project 1
Notwithstanding any other provision of law,
the Personnel Management Demonstration
Project established under section 102 of title I of
division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act
for Fiscal Year 1999 (Public Law 105–277; 122 2
Stat. 2681–585) shall be transferred to the Attorney General of the United States for continued
use by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,
and the Secretary of the Treasury for continued
use by the Tax and Trade Bureau.
(Added and amended Pub. L. 109–162, title XI,
§ 1187(b), (c)(2), Jan. 5, 2006, 119 Stat. 3127, 3128.)
Editorial Notes
REFERENCES IN TEXT
Section 102 of title I of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, referred to in text, probably means section 102 of title I of div. C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. 105–277, which amended section 122 of Pub. L. 105–119, classified as a note under
section 3104 of Title 5, Government Organization and
Employees.
CODIFICATION
The text of section 1115 of Pub. L. 107–296, formerly
classified as section 533 of Title 6, Domestic Security,
which was transferred to this chapter, redesignated as
this section, and amended by Pub. L. 109–162, § 1187(b),
(c)(2), was based on Pub. L. 107–296, title XI, § 1115, Nov.
25, 2002, 116 Stat. 2280.
AMENDMENTS
2006—Pub. L. 109–162 transferred section 1115 of Pub.
L. 107–296 to this chapter, redesignated it as this section, and substituted ‘‘demonstration project’’ for
‘‘Demonstration Project’’ in the section catchline. See
Codification note above.

PART III—COURT OFFICERS AND
EMPLOYEES
Chap.

41.

AMENDMENTS
2006—Pub. L. 109–162, § 1187(b), (c)(1)(A), transferred
the section catchline and subsecs. (a) to (c)(1), (3) of
section 1111 of Pub. L. 107–296 to this chapter, redesignated them as this section, and substituted ‘‘alcohol,
tobacco, firearms’’ for ‘‘Alcohol, Tobacco, Firearms’’ in
the section catchline. See Codification note above.

42.
43.
44.
45.
47.
1 So

5 So

in original. There is no par. (2).

Page 270

2 So

Sec.

Administrative Office of United
States Courts ....................................
Federal Judicial Center ....................
United States Magistrate Judges ....
Alternative Dispute Resolution .......
Supreme Court .....................................
Courts of Appeals ................................
in original. Probably should be capitalized.
in original. Probably should be ‘‘112’’.

601
620
631
651
671
711