[Federal Register Volume 63, Number 44 (Friday, March 6, 1998)]
[Rules and Regulations]
[Pages 11119-11120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5828]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 60

[AG Order No. 2144-98]


Authorization of Federal Law Enforcement Officers to Request the 
Issuance of a Search Warrant

AGENCY: Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Rule 41(h) of the Federal Rules of Criminal Procedure 
authorizes the Attorney General to designate categories of federal law 
enforcement officers who may request the issuance of search warrants. 
This rule adds the Office of Inspector General of the United States 
Postal Service to the list of agencies having federal law enforcement 
officers authorized to request the issuance of search warrants pursuant 
to Rule 41(h).

EFFECTIVE DATE: March 6, 1998.

FOR FURTHER INFORMATION CONTACT:
Frederick D. Hess, Director, or Donald B. Nicholson, Attorney, Office 
of Enforcement Operations, Criminal Division, Department of Justice, 
Washington, D.C. 20530 (202-305-4023) (not a toll-free number).

SUPPLEMENTARY INFORMATION: Previous authorizations by the Attorney 
General under Rule 41(h) were made by Order No. 510-73 (38 FR 7244, 
March 19, 1973), as amended by Order No. 521-73 (38 FR 18389, July 10, 
1973), Order No. 826-79 (44 FR 21785, April 12, 1979), Order No. 844-79 
(44 FR 46459, August 8, 1979), Order No. 960-81 (46 FR 52360, October 
27, 1981), Order No. 987-82 (47 FR 39161, September 7, 1982), Order No. 
1005-83 (48 FR 11450, March 18, 1983), Order No. 1026-83 (48 FR 37376, 
August 18, 1983), Order No. 1137-86 (51 FR 22282, June 19, 1986), Order 
No. 1143-86 (51 FR 26878, July 28, 1986), Order No. 1188-87 (52 FR 
19137, May 21, 1987), Order No. 1327-89 (54 FR 9430, March 7, 1989), 
Order No. 1344-89 (54 FR 20123, May 10, 1989), and Order No. 2000-95 
(60 FR 62733, December 7, 1995).

[[Page 11120]]

    One of the categories of federal law enforcement officers 
authorized to seek the issuance of search warrants is ``[a]ny person 
who has been authorized to execute search warrants by the head of a 
department, bureau, or agency (or his delegate, if applicable) pursuant 
to any statute of the United States.'' See 28 CFR 60.2(b). Section 
3061(a) of Title 18, United States Code, provides, in pertinent part:

    Postal Inspectors and other agents of the United States Postal 
Service designated by the Board of Governors to investigate criminal 
matters related to the Postal Service and the mails may--
    (1) Serve warrants and subpoenas issued under the authority of 
the United States; * * *.

    The Omnibus Consolidated Appropriations Act for Fiscal Year 1997 
established an Office of Inspector General in the United States Postal 
Service with the authority to conduct criminal investigations pursuant 
to the Inspector General Act of 1978, as amended. See Public Law 104-
208 div. A, tit. I, sec. 101(f) (tit. VI, sec. 662(b)(1)-(2)), 110 
Stat. 3009-379 (1996), codified at 5 U.S.C.A. App. 3, section 8G(f) 
(West Supp. 1997). This authority had previously been lodged in the 
Postal Inspection Service. Thereafter, pursuant to Resolution 97-3 
(March 4, 1997), the Board of Governors of the United States Postal 
Service drew up an allocation of functions between the Postal 
Inspection Service and the Office of Inspector General. This resolution 
provides, in pertinent part:

    To the full extent necessary to enable the Office of Inspector 
General properly to perform its investigative functions consistent 
with the Inspector General Act, the Governors authorize the Office 
of Inspector General to exercise, concurrent with the Postal 
Inspection Service, the investigative functions, powers, and duties 
delegated to the Postal Inspection Service under authority of * * * 
18 U.S.C. 3061 * * *.

    In accordance with 18 U.S.C. 3061, Pub. L. 104-208, and Resolution 
97-3 of the Board of Governors, criminal investigators of the Office of 
Inspector General of the United States Postal Service are now 
authorized to seek the issuance of search warrants pursuant to 28 CFR 
60.2(b). Consequently, the Office of Inspector General of the United 
States Postal Service must be added to the list of agencies set forth 
in 28 CFR 60.3.
    Because the material contained herein is a matter of Department of 
Justice practice and procedure, the provision of the Administrative 
Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, 
opportunity for public participation, and delay in effective date is 
inapplicable. This rule has been drafted and reviewed in accordance 
with section 1(b) of Executive Order 12866. This rule falls within a 
category of actions that the Office of Management and Budget (OMB) has 
determined not to constitute ``significant regulatory actions'' under 
section 3(f) of Executive Order 12866 and, accordingly, it has not been 
reviewed by OMB.
    In accordance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), the Attorney General certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
The rule merely adds the Office of the Inspector General of the United 
States Postal Service to the list of agencies whose officers may 
request search warrants in conformity with the Postal Service's recent 
allocation of investigative functions within the agency.
    This rule will not have a substantial direct impact upon the 
states, on the relationship between the national government and the 
states, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

List of Subjects in 28 CFR Part 60

    Law enforcement officers, Search warrants.

    By virtue of the authority vested in me by Rule 41(h) of the 
Federal Rules of Criminal Procedure, part 60 of chapter I of Title 28, 
Code of Federal Regulations is hereby amended as follows:

PART 60--AUTHORIZATION OF FEDERAL LAW ENFORCEMENT OFFICERS TO 
REQUEST THE ISSUANCE OF A SEARCH WARRANT

    1. The authority citation for part 60 continues to read as follows:

    Authority: Rule 41(h), Fed. R. Crim. P (18 U.S.C. appendix).

    2. Section 60.3 is amended by revising paragraph (a)(8) to read as 
follows:


Sec. 60.3  Agencies with authorized personnel.

* * * * *
    (a) * * *
    (8) U.S. Postal Service:

Inspection Service
Office of Inspector General
* * * * *
    Dated: March 2, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-5828 Filed 3-5-98; 8:45 am]
BILLING CODE 4410-14-M