[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62733-62734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29490]
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 60
[AG Order No. 2000-95]
Authorization of Federal Law Enforcement Officers to Request the
Issuance of a Search Warrant
AGENCY: Department of Justice.
ACTION: Final rule.
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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 special agents to the Office of Investigations of the
Office of Inspector General of the newly created Social Administration
to the list of federal law enforcement agencies and officers who are
authorized to request the issuance of search warrants under Rule 41,
Federal Rules of Criminal Procedure. This rule also adds special agents
of the Office of Inspector General of the Department of Health and
Human Services to the list of law enforcement officers authorized to
request the issuance of a search warrant.
EFFECTIVE DATE: December 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Terry R. Lord, Acting Chief, or Donald B. Nicholson, Attorney, General
Litigation and Legal Advice Section, Criminal Division, Department of
Justice, Washington, DC 20530 (202-514-1026) (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. 1026-83 (48 FR 37377, 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), and Order No. 1344-89 (54 FR
20123, May 10, 1989).
The Social Security Independence and Program Improvement Act of
1994, Public Law 103-296, removes the Social Security Administration
(SSA) from its historical position as a component of the Department of
Health and Human Services (HHS), and establishes SSA as an independent
agency effective March
[[Page 62734]]
31, 1995. The Act provides that there will be an Inspector General in
SSA, appointed in accordance with the Inspector General Act of 1978, as
amended (5 U.S.C. App.3). Appropriate personnel from the HHS Office of
Inspector General transferred to SSA to staff the new OIG. Ongoing
investigations pertaining to programs and operations of SSA also were
transferred.
Since 1979, the Office of Inspector General of the Department of
Health and Human Services has been designated as among the agencies
with law enforcement officers authorized to request the issuance of
search warrants under 28 CFR Part 60. To make this authority explicit,
this rule amends Sec. 60.2 of 28 CFR Part 60 by designating special
agents of the Office of Inspector General of the former parent agency,
the Department of Health and Human Services (Sec. 60.2(q)), and adding
special agents of the Office of Investigations of the Office of
Inspector General of the newly-created Social Security Administration
(new Sec. 60.2(p)). It also adds the Office of Investigations of the
Office of Inspector General, Social Security Administration as new
Sec. 60.3(a)(18). The Office of Investigations, Office of Inspector
General, Department of Health and Human Services will continue to be
separately designated in Sec. 60.3(a)(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. It has been determined that
this rule is not a ``significant regulatory action'' under section 3(f)
of Executive Order 12866 and accordingly this rule has not been
reviewed by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the Attorney General has reviewed this rule and by approving
it certifies that it will not have a significant economic impact on a
substantial number of small entities.
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 is revised to read as
follows:
Authority: Rule 41(h), Fed. R. Crim. P (18 U.S.C. appendix).
2. Section 60.2 is amended by adding paragraphs (p) and (q), to
read as follows:
Sec. 60.2 Authorized categories.
* * * * *
(p) Any special agent of the Office of Inspector General, Social
Security Administration.
(q) Any special agent of the Office of Inspector General,
Department of Health and Human Services.
3. Section 60.3 is amended by adding a new paragraph (a)(18) to
read as follows:
Sec. 60.3 Agencies with authorized personnel.
* * * * *
(a) * * *
(18) Social Security Administration, Office of Inspector General
* * * * *
Dated: November 28, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-29490 Filed 12-6-95; 8:45 am]
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