[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Rules and Regulations]
[Pages 16024-16026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8104]


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POSTAL SERVICE

39 CFR Part 230


Responsibilities of the Office of Inspector General

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The Postal Service is amending the Code of Federal Regulations 
to reflect the role the Inspector General plays in the audit, 
investigative, and oversight activity of the Postal Service. This is 
the first comprehensive revision of the Postal Service Inspector 
General regulations since the independent postal Inspector General came 
into existence in 1997. The intent of this revision is to clarify the 
responsibilities and duties of the Inspector General for postal 
customers and employees.

DATES: Effective April 4, 2002.

FOR FURTHER INFORMATION CONTACT: Andrea Bernardo, Managing Counsel, 
Legal Services, Office of Inspector General, 703-248-4676.

SUPPLEMENTARY INFORMATION: The primary responsibility of the Office of 
Inspector General is to conduct audits and investigations to prevent, 
detect, and report fraud, waste, abuse, and mismanagement; to promote 
efficiency in the programs and operations of the Postal Service, and to 
provide oversight of the Inspection Service.
    The 1996 amendments to the Inspector General Act (Act) created an 
independent inspector general for the Postal Service. The 
responsibility of serving as the inspector general was removed from the 
Chief Postal Inspector. The basic purpose of the Act was to strengthen 
audit and investigative activities in order to obtain greater 
efficiency and effectiveness in federal government operations. This 
purpose was to be achieved by consolidating audit and investigative 
units under a single individual reporting directly to the agency head; 
providing protections designed to ensure that the new offices had 
independence and authority to carry out their responsibilities; and by 
requiring periodic reports to agency heads and Congress on their 
activities.
    Section 2 of the Act specifically provided that the Inspector 
General shall audit all programs and operations of the Postal Service. 
With the creation of the independent postal inspector general, 
representatives of the Inspection Service and the Office of Inspector 
General met to work out the transition of selected functions from the 
Inspection Service to the Office of Inspector General. After several 
negotiation sessions, the two parties agreed to a formal designation of 
functions. As a result, certain activities formerly performed by the 
Inspection Service were now to be performed by the Office of Inspector 
General. References in Title 39 of Code of Federal Regulations citing 
the Inspection Service as the party responsible for a variety of audit 
and oversight duties became outdated. This situation has been 
thoroughly addressed in this revision. The inaccurate references to the 
Inspector Service and the Chief

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Postal Inspector have been corrected. A new Part 230, relating to the 
Office of Inspector General, is hereby created.

List of Subjects in 39 CFR Part 230

    Freedom of information, Organization functions and authority 
delegations, Privacy.

    For the reasons stated in the preamble, the Postal Service amends 
39 CFR by adding the following new part 230, as follows:

PART 230--OFFICE OF INSPECTOR GENERAL

Sec.
230.1   Establishment and authority.
230.2   Access to information and other responsibilities.
230.3   Cooperation with the Office of Inspector General.
230.4   Arrest and investigative powers of criminal investigators.
230.5   Release of information.

    Authority: Inspector General Act of 1978, as amended (Pub. L. 
95-452, as amended), 5 U.S.C. App. 3; 39 U.S.C. 401(2).


Sec. 230.1  Establishment and authority.

    (a) There is established, pursuant to the Inspector General Act of 
1978, as amended (5 U.S.C. App.3), and 39 U.S.C. 410, an independent 
Office of Inspector General.
    (b) The Inspector General reports directly to the nine 
presidentially appointed Governors and shall not be supervised by, nor 
report to, the Postmaster General and/or any designee appointed by the 
Postmaster General.
    (c) The Office of Inspector General includes an Inspector General, 
an Assistant Inspector General for Audit, and an Assistant Inspector 
General for Investigations. The Office of Inspector General maintains 
its own legal counsel independent of the Postal Service Law Department 
for matters that are within the jurisdiction of the Office.
    (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, and for reviewing existing and proposed 
legislation and regulations relating to the programs and operations of 
the Postal Service.
    (e) The Inspector General has oversight responsibilities for all 
activities of the Postal Inspection Service. The Chief Postal Inspector 
must promptly report to the Inspector General significant activities 
and other information related to the Inspection Service as required by 
law.
    (f) The Inspector General has sole responsibility for directing the 
Office of Inspector General, including the authority to select, 
appoint, and employ such officers and employees that the Inspector 
General deems necessary and appropriate to fulfill the mission of the 
Office. In addition, the Inspector General may delegate to such 
officers and employees of the Inspector General such powers, duties, 
and responsibilities, as the Inspector General deems necessary and 
appropriate for the proper functioning of the Office.
    (g) All employees in the Office of Inspector General shall take and 
subscribe to the oath of office required of all Postal Service 
employees under 39 U.S.C. 1011, and the Inspector General, or designee, 
is authorized to administer such oath and affirmation.
    (h) The Inspector General has the authority to enter into contracts 
or other arrangements with public agencies and with private entities, 
and to make such payments as may be necessary to carry out the duties 
and responsibilities of the Office of Inspector General.
    (i) The Inspector General may hire and retain the services of 
expert consultants and other personnel as necessary to fulfill the 
duties and responsibilities of the Office.
    (j) Except as required by law, the Governors may not transfer to 
the Inspector General responsibility for performing any of the program 
activities of the Postal Service.


Sec. 230. 2  Access to information and other responsibilities.

    (a) The Inspector General has authority to have access to all 
postal records, reports, audits, reviews, documents, papers, 
information, and other material relating to any matter related to the 
responsibilities of the Inspector General;
    (b) The Inspector General shall be the Investigating Official for 
purposes of the Program Fraud Civil Remedies Act.


Sec. 230.3  Cooperation with the Office of Inspector General.

    (a) All Postal Service employees shall cooperate with all audits, 
reviews, and investigations conducted by the Office of Inspector 
General. Deliberately submitting information known to be false or 
misleading to the Office of Inspector General or failing to cooperate 
with all audits, reviews, and investigations conducted by the Office of 
Inspector General may be grounds for disciplinary or other legal 
action.
    (b) Any employee who has authority to take, direct another to take, 
recommend or approve any personnel action shall not retaliate against 
any employee as a reprisal for cooperating and assisting with any 
Office of Inspector General audit, review, or investigation (including 
reporting facts or information to the Office of Inspector General that 
leads to any audit, review, or investigation).


Sec. 230.4  Arrest and investigative powers of criminal investigators.

    Under the authority of 18 U.S.C. 3061, criminal investigators 
employed by the Office of Inspector General are authorized to perform 
the following functions in connection with their official duties:
    (1) Serve warrants and subpoenas issued under the authority of the 
United States;
    (2) Make arrests without warrant for offenses 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.


Sec. 230.5  Release of information.

    (a) The Office of Inspector General is responsible for maintaining 
and storing its own records and for assuring compliance with applicable 
records management, retention, and disclosure requirements.
    (b) The Inspector General or a designee serves as the official 
custodian of the records and documents of the Office of Inspector 
General and is responsible for administering the rules and regulations 
relating to public availability of Postal Service Office of Inspector 
General records insofar as the information is subject to the provisions 
of the Freedom of Information Act, contained in Section 552 of Title 5 
of the U.S. Code and 39 U.S.C. 410 (c), and/or the Privacy Act, Section 
552a of Title 5 of the U.S. Code.
    (c) Requests for records and information under the Freedom of 
Information Act or Privacy Act should be submitted in writing to the 
Office of Inspector General, Freedom of Information/Privacy Act 
Officer, located at 1735 N. Lynn Street, Arlington, Virginia, 22209-
2020.
    (d) The Office of Inspector General shall comply with and adhere to 
the procedures governing the release of information maintained by the 
U.S. Postal Service as set forth in Part 265 and related provisions of 
these regulations to the extent such procedures do not conflict with 
any provision in this part.
    (e) Appeals from the denial of any request for information should 
be directed to the General Counsel for the

[[Page 16026]]

Office of Inspector General, who is responsible for deciding any timely 
appeals authorized under this section.
    (f) Postal Service records in the custody of the Office of 
Inspector General that contain proprietary information will not be 
released by the Inspector General without consultation with the 
appropriate Postal Service official responsible for the record.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 02-8104 Filed 4-3-02; 8:45 am]
BILLING CODE 7710-12-P