Mail Covers. Been Collusion, Criminal Involvement, Or Im- (A) Policy

United States Postal Service § 233.3

passage of mail, or any carrier or conveyance or firms who obtain, or seek to obtain, carrying the mail. funds, property, or services from the Workers’ Compensation Fraud, $10,000. De- Postal Service based upon false or frauding the Workers’ Compensation Pro- gram by any current or former postal em- fraudulent activities, statements or ployee. claims. The decision as to whether a Related Offenses reward shall be paid and the amount The United States Postal Service also of- thereof shall be solely within the dis- fers rewards as stated above for information cretion of the Chief Postal Inspector or and services leading to the arrest and convic- his delegate and the submission of in- tion of any person: (1) For being an accessory formation or a claim for a reward shall to any of the above crimes; (2) for receiving or having unlawful possession of any mail, not establish a contractual right to re- money or property secured through the ceive any reward. The reward shall not above crimes; and (3) for conspiracy to com- exceed one-half of the amount col- mit any of the above crimes. lected by the Postal Service as a result General Provisions of civil or criminal proceedings to re- 1. The Postal Inspection Service inves- cover losses or penalties as a result of tigates the above described crimes. Informa- false or fraudulent claims or state- tion concerning the violations, requests for applications for rewards, and written claims ments submitted to the Postal Service. for rewards should be furnished to the near- Postal employees assigned to the Post- est Postal Inspector. The written claim for al Inspection Service or the Law De- reward payment must be submitted within partment are not eligible to receive a six months from the date of conviction of the reward under this section for informa- offender, or the date of formally deferred tion obtained while so employed. The prosecution or the date of the offender’s Chief Inspector may establish such pro- death, if killed in committing a crime or re- cedures and forms as may be desirable sisting lawful arrest for one of the above offenses. to give effect to this section including 2. The amount of any reward will be based procedures to protect the identity of on the significance of services rendered, persons claiming rewards under this character of the offender, risks and hazards section. involved, time spent, and expenses incurred. Amounts of rewards shown above are the [36 FR 4673, Mar. 12, 1971, as amended at 42 maximum amounts which will be paid. FR 43836, Aug. 31, 1977. Redesignated at 46 FR 3. The term ‘‘custodian’’ as used herein in- 34330, July 1, 1981, and amended at 47 FR cludes any person having lawful charge, con- 26832, June 22, 1982; 47 FR 46498, Oct. 19, 1982; trol, or custody of any mail matter, or any 49 FR 15191, Apr. 18, 1984; 54 FR 37795, Sept. money or other property of the United 13, 1989; 55 FR 32251, Aug. 8, 1990; 59 FR 5326, States under the control and jurisdiction of Feb. 4, 1994; 60 FR 54305, Oct. 23, 1995; 63 FR the United States Postal Service. 52160, Sept. 30, 1998; 69 FR 16166, Mar. 29, 2004] 4. The Postal Service reserves the right to reject a claim for reward where there has § 233.3 Mail covers. been collusion, criminal involvement, or im- (a) Policy. The U.S. Postal Service proper methods have been used to effect an arrest or to secure a conviction. It has the maintains rigid control and supervision right to allow only one reward when several with respect to the use of mail covers persons were convicted of the same offense, as an investigative technique for law or one person was convicted of several of the enforcement or the protection of na- above offenses. Postal employees are not eli- tional security. gible to receive a reward for the offenses list- (b) Scope. These regulations con- ed above, other than Workers’ Compensation stitute the sole authority and proce- fraud. Employees assigned to the Postal In- dure for initiating a mail cover, and for spection Service, the General Counsel’s office, and those who manage or administer processing, using and disclosing infor- the Injury Compensation Program are not el- mation obtained from mail covers. igible to receive rewards. (c) Definitions. For purpose of these 5. Other rewards not specifically referred regulations, the following terms are to in this notice may be offered upon the ap- hereby defined. proval of the Chief Postal Inspector (39 (1) Mail cover is the process by which U.S.C. 404(a)(8)). a nonconsensual record is made of any (c) The Chief Postal Inspector or his data appearing on the outside cover of delegate is authorized to pay a reward any sealed or unsealed class of mail to any person who provides informa- matter, or by which a record is made of tion leading to the detection of persons the contents of any unsealed class of

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mail matter as allowed by law, to ob- punishment for a crime, or to avoid tain information in order to: giving testimony in a criminal pro- (i) Protect national security, ceeding. (ii) Locate a fugitive, (6) Crime, for the purposes of this sec- (iii) Obtain evidence of commission tion, is any commission of an act or or attempted commission of a crime, the attempted commission of an act (iv) Obtain evidence of a violation or that is punishable by law by imprison- attempted violation of a postal statute, ment for a term exceeding one year. or (7) Postal statute refers to a statute (v) Assist in the identification of describing criminal activity, regardless property, proceeds or assets forfeitable of the term of imprisonment, for which under law. the Postal Service has investigative (2) For the purposes of § 233.3 record is authority, or which is directed against a transcription, photograph, photocopy the Postal Service, its operations, pro- or any other facsimile of the image of grams, or revenues. the outside cover, envelope, wrapper, (8) Law enforcement agency is any au- or contents of any class of mail. thority of the Federal Government or (3) Sealed mail is mail which under any authority of a State or local gov- postal laws and regulations is included ernment, one of whose functions is to: within a class of mail maintained by (i) Investigate the commission or at- the Postal Service for the transmission tempted commission of acts consti- of letters sealed against inspection. tuting a crime, or Sealed mail includes: First-Class Mail; (ii) Protect the national security. Priority Mail; Express Mail; Express (9) Protection of the national security Mail International; Global Express means to protect the United States Guaranteed items containing only doc- from any of the following actual or po- uments; Priority Mail International tential threats to its security by a for- flat-rate envelopes and small flat-rate eign power or its agents: boxes; International Priority Airmail, except M-bags; International Surface (i) An attack or other grave, hostile Air Lift, except M-bags; First-Class act; Mail International; Global Bulk Econ- (ii) Sabotage, or international ter- omy, except M-bags; certain Global Di- rorism; or rect mail as specified by customer con- (iii) Clandestine intelligence activi- tract; and International Transit Mail. ties, including commercial espionage. (4) Unsealed mail is mail which under (10) Emergency situation refers to cir- postal laws or regulations is not in- cumstances which require the imme- cluded within a class of mail main- diate release of information to prevent tained by the Postal Service for the the loss of evidence or in which there is transmission of letters sealed against a potential for immediate physical inspection. Unsealed mail includes: harm to persons or property. Periodicals; Standard Mail; Package (d) Authorizations—Chief Postal In- Services; incidental First-Class Mail spector. (1) The Chief Postal Inspector attachments and enclosures; Global is the principal officer of the Postal Express Guaranteed items containing Service in the administration of all non-documents; Priority Mail Inter- matters governing mail covers. The national, except flat-rate envelopes Chief Postal Inspector may delegate and small flat-rate boxes; International any or all authority in this regard to Direct Sacks—M-bags; certain Global not more than two designees at Inspec- Direct mail as specified by customer tion Service Headquarters. contract; and all items sent via ‘‘Free (2) Except for national security mail Matter for the Blind or Handicapped’’ covers, the Chief Postal Inspector may under 39 U.S.C. 3403–06 and Inter- also delegate any or all authority to national Mail Manual 270. the Manager, Inspector Service Oper- (5) Fugitive is any person who has fled ations Support Group, and, for emer- from the United States or any State, gency situations, to Inspectors in the District of Columbia, territory or Charge. The Manager, Inspection Serv- possession of the United States, to ice Operations Support Group, may del- avoid prosecution for a crime, to avoid egate this authority to no more than

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two designees at each Operations Sup- (g) Limitations. (1) No person in the port Group. Postal Service except those employed (3) All such delegations of authority for that purpose in dead-mail offices, shall be issued through official, written may open, or inspect the contents of, directives. Except for delegations at or permit the opening or inspection of Inspection Service Headquarters, such sealed mail without a federal search delegations shall only apply to the geo- warrant, even though it may contain graphic areas served by the Manager, criminal or otherwise nonmailable Inspection Service Operation Support matter, or furnish evidence of the com- Group, or designee. mission of a crime, or the violation of (e) The Chief Postal Inspector, or his a postal statute. designee, may order mail covers under (2) No employee of the Postal Service the following circumstances: shall open or inspect the contents of (1) When a written request is received any unsealed mail, except for the pur- from a postal inspector that states rea- pose of determining: son to believe a mail cover will produce (i) Payment of proper postage, or evidence relating to the violation of a (ii) Mailability. postal statute. (3) No mail cover shall include mat- (2) When a written request is received ter mailed between the mail cover sub- from any law enforcement agency in ject and the subject’s known attorney. which the requesting authority speci- (4) No officer or employee of the fies the reasonable grounds to dem- Postal Service other than the Chief onstrate the mail cover is necessary to: Postal Inspector, Manager, Inspection (i) Protect the national security, Service Operations Support Group, and (ii) Locate a fugitive, their designees, are authorized to order (iii) Obtain information regarding mail covers. Under no circumstances the commission or attempted commis- may a postmaster or postal employee sion of a crime, or furnish information as defined in (iv) Assist in the identification of § 233.3(c)(1) to any person, except as au- property, proceeds or assets forfeitable thorized by a mail cover order issued because of a violation of criminal law. by the Chief Postal Inspector or des- (3) When time is of the essence, the ignee, or as directed by a postal inspec- Chief Postal Inspector, or designee, tor under the circumstances described may act upon an oral request to be in § 233.3(f). confirmed by the requesting authority (5) Except for mail covers ordered in writing within three calendar days. upon fugitives or subjects engaged, or Information may be released by the suspected to be engaged, in any activ- Chief Postal Inspector or designee, ity against the national security, no prior to receipt of the written request, mail cover order shall remain in effect only when the releasing official is sat- for more than 30 days, unless adequate isfied that an emergency situation ex- justification is provided by the request- ists. ing authority. At the expiration of the (f)(1) Exceptions. A postal inspector, mail cover order period, or prior there- or a postal employee acting at the di- to, the requesting authority may be rection of a postal inspector, may granted additional 30-day periods under record the information appearing on the same conditions and procedures ap- the envelope or outer wrapping, of mail plicable to the original request. The re- without obtaining a mail cover order, questing authority must provide a only under the circumstances in para- statement of the investigative benefit graph (f)(2) of this section. of the mail cover and anticipated bene- (2) The mail must be: fits to be derived from its extension. (i) Undelivered mail found abandoned (6) No mail cover shall remain in or in the possession of a person reason- force longer than 120 continuous days ably believed to have stolen or embez- unless personally approved for further zled such mail, extension by the Chief Postal Inspector (ii) Damaged or rifled, undelivered or designees at National Headquarters. mail, or (7) Except for fugitive cases, no mail (iii) An immediate threat to persons cover shall remain in force when an in- or property. formation has been filed or the subject

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has been indicted for the matter for duct a periodic review of national secu- which the mail cover is requested. If rity mail cover orders. the subject is under investigation for (3) The Chief Postal Inspector’s de- further criminal violations, or a mail termination in all matters concerning cover is required to assist in the identi- mail covers shall be final and conclu- fication of property, proceeds or assets sive and not subject to further admin- forfeitable because of a violation of istrative review. criminal law, a new mail cover order (k) Military postal system. Section must be requested consistent with 233.3 does not apply to the military these regulations. postal system overseas or to persons (8) Any national security mail cover performing military postal duties over- request must be approved personally by seas. Information about regulations the head of the law enforcement agen- prescribed by the Department of De- cy requesting the cover or one designee fense for the military postal system at the agency’s headquarters level. The overseas may be obtained from the De- head of the agency shall notify the partment of Defense. Chief Postal Inspector in writing of [58 FR 36599, July 8, 1993, as amended at 61 such designation. FR 42557, Aug. 16, 1996; 74 FR 18297, Apr. 22, (h) Records. (1) All requests for mail 2009] covers, with records of action ordered thereon, and all reports issued pursu- § 233.4 Withdrawal of mail privileges. ant thereto, shall be deemed within the (a) False representation and lottery or- custody of the Chief Postal Inspector. ders—(1) Issuance. Pursuant to 39 U.S.C. However, the physical storage of this 3005, the Judicial Officer of the Postal data shall be at the discretion of the Service, acting upon a satisfactory evi- Chief Postal Inspector. dentiary basis, may issue a mail-stop (2) If the Chief Postal Inspector, or order against anyone seeking mailed his designee, determines a mail cover remittance of money or property by was improperly ordered, all data ac- means of a false-representation or lot- quired while the cover was in force tery scheme. Such orders provide for shall be destroyed, and the requesting return of mail and refund of postal authority notified of the discontinu- money orders to remitters. ance of the mail cover and the reasons (2) Enforcement. Notice of these or- therefor. ders, including any necessary instruc- (3) Any data concerning mail covers tions on enforcement responsibilities shall be made available to any mail and procedures, is published in the cover subject in any legal proceeding Postal Bulletin. Generally, an order through appropriate discovery proce- against a domestic enterprise is en- dures. forced only by the post office des- (4) The retention period for files and ignated in the order. All personnel records pertaining to mail covers shall processing mail for dispatch abroad as- be 8 years. sist in enforcing orders against foreign (i) Reporting to requesting authority. enterprises by forwarding mail ad- Once a mail cover has been duly or- dressed to such enterprises to des- dered, authorization may be delegated ignated post offices. to any employee in the Postal Inspec- (b) Fictitious name or address and not tion Service to transmit mail cover re- residents of the place of address orders— ports directly to the requesting author- (1) Issuance. Pursuant to 39 U.S.C. 3003, ity. 3004, when there is satisfactory evi- (j) Review. (1) The Chief Postal In- dence that mail is addressed to a ficti- spector, or his designee at Inspection tious name, title, or address used for Service Headquarters shall periodically any unlawful business, and no one has review mail cover orders issued by the established a right to have the mail de- Manager, Inspection Service Oper- livered to him, or that mail is ad- ations Support Group or their des- dressed to places not the residence or ignees to ensure compliance with these regular business address of the person regulations and procedures. for whom they are intended to enable (2) The Chief Postal Inspector shall the person to escape identification, the select and appoint a designee to con- Judicial Officer may, pursuant to Part

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