Authority of Office of Inspector General and Postal Inspection Service, 39011-39012 [E7-13740]

Agencies

• Postal Service

[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Rules and Regulations]
[Pages 39011-39012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13740]


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

POSTAL SERVICE

39 CFR Parts 230, 233, 273


Authority of Office of Inspector General and Postal Inspection 
Service

AGENCY: Postal Service.

ACTION: Final rule.

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

SUMMARY: The Postal Service is revising portions of title 39, Code of 
Federal Regulations, to clarify the division of investigatory 
responsibilities between the Office of the Inspector General of the 
Postal Service and the Postal Inspection Service.

DATES: Effective July 17, 2007.

FOR FURTHER INFORMATION CONTACT: Gladis C. Griffith, Deputy General 
Counsel, Office of the Inspector General, United States Postal Service, 
703-248-4683.

SUPPLEMENTARY INFORMATION: To promote efficient use of resources, and 
prevent unnecessary duplication of effort, the Postal Service has 
determined it is appropriate to clarify the division of investigative 
authority between the Office of the Inspector General and the Postal 
Inspection Service. Most notably, it has been determined that the 
Office of the Inspector General should investigate allegations of 
violations of postal laws or misconduct by postal employees, including 
mail theft, and the Inspection Service should investigate allegations 
of violations or postal laws or misconduct by all other persons. This 
delineation of responsibilities reflects agreement between the 
Postmaster General and the Chairman of the Board of Governors.

List of Subjects

39 CFR Part 230

    Authority delegations (Government agencies), Freedom of 
information, Organization and functions (Government agencies), Privacy

39 CFR Part 233

    Administrative practice and procedure, Banks, banking, Credit, 
Crime, Infants and children, Law enforcement, Penalties.

39 CFR part 273

    False claims and statements, Law enforcement, Penalties, Program 
fraud.

0
In view of the considerations discussed above, the Postal Service 
adopts the following amendments to parts 230, 233, and 273 of title 39 
of the Code of Federal Regulations.

PART 230--OFFICE OF INSPECTOR GENERAL

0
1. The authority citation for part 230 continues to read as follows:

    Authority: 5 U.S.C. App. 3; 39 U.S.C. 401(2) and 1001.


0
2. Section 230.1 is amended by revising paragraph (d) to read as 
follows:


Sec.  230.1  Establishment and authority.

* * * * *
    (d) The Office of Inspector General is responsible for detecting 
and preventing fraud, waste, and abuse in the programs and operations 
of the Postal Service, including, investigating all allegations of 
violations of postal laws or misconduct by postal employees, including 
mail theft, and for reviewing existing and proposed legislation and 
regulations relating to the programs and operations of the Postal 
Service.
* * * * *

PART 233--INSPECTION SERVICE AUTHORITY

0
3. The authority citation for part 233 continues to read as follows:

    Authority: 39 U.S.C. 101, 102, 202, 204, 401, 402, 403, 404, 
406, 410, 411, 1003, 3005(e)(1); 12 U.S.C. 3401-3422; 18 U.S.C. 981, 
1956, 1957, 2254, 3061; 21 U.S.C. 881; Omnibus Reconciliation Act of 
1996, sec. 662 (Pub. L. 104-208).


0
4. Section 233.1 is amended by revising paragraphs (b) introductory 
text and (b)(1) to read as follows:


Sec.  233.1  Arrest and investigative powers of Postal Inspectors.

* * * * *

[[Page 39012]]

    (b) Limitations. The powers granted by paragraph (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. With the exception of enforcing laws 
related to the mails:
    (i) The Office of Inspector General will investigate all 
allegations of violations of postal laws or misconduct by postal 
employees, including mail theft; and
    (ii) The Inspection Service will investigate all allegations of 
violations of postal laws or misconduct by all other persons.
* * * * *
0
5. Section 233.7 is amended by paragraph (a) to read as follows:


Sec.  233.7  Forfeiture authority and procedures.

    (a) Designation of officials having forfeiture authority. The Chief 
Postal Inspector is authorized to perform all duties and 
responsibilities necessary on behalf of the Postal Service and the 
Office of Inspector General to enforce 18 U.S.C. 981, 2254, and 21 
U.S.C. 881, to delegate all or any part of this authority to Deputy 
Chief Inspectors, Inspectors in Charge, and Inspectors of the Postal 
Inspection Service, and to issue such instructions as may be necessary 
to carry out this authority.
* * * * *

PART 273--ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT

0
6. The authority citation for part 273 continues to read as follows:

    Authority: 31 U.S.C. Chapter 38; 39 U.S.C. 401.


0
7. Section 273.2 is amended by revising paragraph (c) to read as 
follows:


Sec.  273.2  Definitions.

* * * * *
    (c ) Investigating Official refers to the Inspector General of the 
Postal Service or any designee within the United States Office of the 
Inspector General who serves in a position for which the rate of basic 
pay is not less than the minimum rate of basic pay for grade GS-15 
under the General Schedule.
* * * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7-13740 Filed 7-16-07; 8:45 am]
BILLING CODE 7710-12-P