18 U.S.C. § 3061 — Investigative powers of Postal Service

Page 703 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3061 1 So in original. Probably should be ‘‘United’’. ‘‘Proceedings before commissioner, appearance, advice as to right to counsel, hearing, Rule 5.’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ and ‘‘United States mag- istrate judges’’ substituted for ‘‘magistrate’’ and ‘‘United States magistrates’’, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3061. Investigative powers of Postal Service personnel (a) Subject to subsection (b) of this section, Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters re- lated to the Postal Service and the mails may— (1) serve warrants and subpoenas issued under the authority of the United States; (2) make arrests without warrant for of- fenses against the United States committed in their presence; (3) make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; (4) carry firearms; and (5) make seizures of property as provided by law. (b) The powers granted by subsection (a) of this section shall be exercised only— (1) in the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses; and (2) to the extent authorized by the Attorney General pursuant to agreement between the Attorney General and the Postal Service, in the enforcement of other laws of the United States, if the Attorney General determines that violations of such laws have a detri- mental effect upon the operations of the Post- al Service. (c)(1) The Postal Service may employ police officers for duty in connection with the protec- tion of property owned or occupied by the Postal Service or under the charge and control of the Postal Service, and persons on that property, in- cluding duty in areas outside the property to the extent necessary to protect the property and persons on the property. (2) With respect to such property, such officers shall have the power to— (A) enforce Federal laws and regulations for the protection of persons and property; (B) carry firearms; and (C) make arrests without a warrant for any offense against the Unites 1 States committed in the presence of the officer or for any felony cognizable under the laws of the United States if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. (3) With respect to such property, such officers may have, to such extent as the Postal Service may by regulations prescribe, the power to— (A) serve warrants and subpoenas issued under the authority of the United States; and (B) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Postal Service or persons on the property. (4)(A) As to such property, the Postmaster General may prescribe regulations necessary for the protection and administration of property owned or occupied by the Postal Service and persons on the property. The regulations may include reasonable penalties, within the limits prescribed in subparagraph (B), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property. (B) A person violating a regulation prescribed under this subsection shall be fined under this title, imprisoned for not more than 30 days, or both. (Added Pub. L. 90–560, § 5(a), Oct. 12, 1968, 82 Stat. 998; amended Pub. L. 91–375, § 6(j)(38)(A), Aug. 12, 1970, 84 Stat. 781; Pub. L. 100–690, title VI, § 6251(a), Nov. 18, 1988, 102 Stat. 4362; Pub. L. 109–435, title X, § 1001, Dec. 20, 2006, 120 Stat. 3254.) Editorial Notes AMENDMENTS 2006—Subsec. (c). Pub. L. 109–435 added subsec. (c). 1988—Pub. L. 100–690 substituted ‘‘Investigative pow- ers of Postal Service personnel’’ for ‘‘Powers of postal personnel’’ in section catchline, and amended text gen- erally. Prior to amendment, text read as follows: ‘‘(a) Subject to subsection (b) of this section, officers and employees of the Postal Service performing duties related to the inspection of postal matters may, to the extent authorized by the Board of Governors— ‘‘(1) serve warrants and subpenas issued under the authority of the United States; ‘‘(2) make arrests without warrant for offenses against the United States committed in their pres- ence; and ‘‘(3) make arrests without warrant for felonies cog- nizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony. ‘‘(b) The powers granted by subsection (a) of this sec- tion shall be exercised only in the enforcement of laws regarding property of the United States in the custody of the Postal Service, including property of the Postal Service, the use of the mails, and other postal of- fenses.’’ 1970—Pub. L. 91–375, § 6(j)(38)(A)(i), substituted ‘‘post- al personnel’’ for ‘‘postal inspectors’’ in section catch- line. Page 704 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3062 1 Section repealed by Pub. L. 107–273 without corresponding amendment of chapter analysis. Subsec. (a). Pub. L. 91–375, § 6(j)(38)(A)(ii), substituted ‘‘officers and employees of the Postal Service per- forming duties related to the inspection of postal mat- ters may, to the extent authorized by the Board of Gov- ernors—’’ for ‘‘postal inspectors may, to the extent au- thorized by the Postmaster General—’’. Subsec. (b). Pub. L. 91–375, § 6(j)(38)(A)(iii), substituted ‘‘Postal Service, including property of the Postal Serv- ice,’’ for ‘‘postal service’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. § 3062. General arrest authority for violation of release conditions A law enforcement officer, who is authorized to arrest for an offense committed in his pres- ence, may arrest a person who is released pursu- ant to chapter 207 if the officer has reasonable grounds to believe that the person is violating, in his presence, a condition imposed on the per- son pursuant to section 3142(c)(1)(B)(iv), (v), (viii), (ix), or (xiii), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to sec- tion 3142(c)(1)(B)(x). (Added Pub. L. 98–473, title II, § 204(d), Oct. 12, 1984, 98 Stat. 1986; amended Pub. L. 100–690, title VII, § 7052, Nov. 18, 1988, 102 Stat. 4401.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘section 3142(c)(1)(B)(iv), (v), (viii), (ix), or (xiii)’’ for ‘‘section 3142(c)(2)(D), (c)(2)(E), (c)(2)(H), (c)(2)(I), or (c)(2)(M)’’ and ‘‘section 3142(c)(1)(B)(x)’’ for ‘‘section 3142(c)(2)(J)’’. § 3063. Powers of Environmental Protection Agency (a) Upon designation by the Administrator of the Environmental Protection Agency, any law enforcement officer of the Environmental Pro- tection Agency with responsibility for the inves- tigation of criminal violations of a law adminis- tered by the Environmental Protection Agency, may— (1) carry firearms; (2) execute and serve any warrant or other processes issued under the authority of the United States; and (3) make arrests without warrant for— (A) any offense against the United States committed in such officer’s presence; or (B) any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing that felony of- fense. (b) The powers granted under subsection (a) of this section shall be exercised in accordance with guidelines approved by the Attorney Gen- eral. (Added Pub. L. 100–582, § 4(a), Nov. 1, 1988, 102 Stat. 2958.) § 3064. Powers of Federal Motor Carrier Safety Administration Authorized employees of the Federal Motor Carrier Safety Administration may direct a driver of a commercial motor vehicle (as defined in section 31132 of title 49) to stop for inspection of the vehicle, driver, cargo, and required records at or in the vicinity of an inspection site. (Added Pub. L. 109–59, title IV, § 4143(b), Aug. 10, 2005, 119 Stat. 1748.) CHAPTER 204—REWARDS FOR INFORMA- TION CONCERNING TERRORIST ACTS AND ESPIONAGE Sec. 3071. Information for which rewards authorized. 3072. Determination of entitlement; maximum amount; Presidential approval; conclusive- ness. 3073. Protection of identity. 3074. Exception of governmental officials. 3075. Authorization for appropriations.1 3076. Eligibility for witness security program. 3077. Definitions. Editorial Notes AMENDMENTS 1994—Pub. L. 103–359, title VIII, § 803(c)(2), Oct. 14, 1994, 108 Stat. 3439, inserted ‘‘AND ESPIONAGE’’ after ‘‘TERRORIST ACTS’’ in chapter heading. § 3071. Information for which rewards authorized (a) With respect to acts of terrorism primarily within the territorial jurisdiction of the United States, the Attorney General may reward any individual who furnishes information— (1) leading to the arrest or conviction, in any country, of any individual or individuals for the commission of an act of terrorism against a United States person or United States prop- erty; or (2) leading to the arrest or conviction, in any country, of any individual or individuals for conspiring or attempting to commit an act of terrorism against a United States person or property; or (3) leading to the prevention, frustration, or favorable resolution of an act of terrorism against a United States person or property. (b) With respect to acts of espionage involving or directed at the United States, the Attorney General may reward any individual who fur- nishes information— (1) leading to the arrest or conviction, in any country, of any individual or individuals for commission of an act of espionage against the United States; (2) leading to the arrest or conviction, in any country, of any individual or individuals for conspiring or attempting to commit an act of espionage against the United States; or (3) leading to the prevention or frustration of an act of espionage against the United States. (Added Pub. L. 98–533, title I, § 101(a), Oct. 19, 1984, 98 Stat. 2706; amended Pub. L. 103–359, title VIII, § 803(a), Oct. 14, 1994, 108 Stat. 3438.)