6. Effective Dates

This MOU shall be in effect upon its execution by the signatories. It shall be reviewed by the agencies three years after its inception to determine if corrections or adjustment in the delegation of authority or the relationships between the parties is required

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE UNITED STATES SECRET SERVICE

AND THE POSTAL INSPECTION SERVICE

Pursuant to the mandate of the Postal Reorganization Act of 1970, Pub. L. 91-375, to provide prompt, reliable, and efficient services (39 U.S.C. § 101 (b)), the U. S. Postal Service has developed and uses computerized processes for the efficient processing and delivery of mail, the accounting of postal revenues, and the management of postal personnel and property. Moreover, databases within computers store information about Postal Service operations, deliverable addresses, and financial transactions. Technology offers the possibility of unlawful access to and manipulation of these essential processes and databases.

In addition, the U. S. Postal Service offers communications systems for the electronic receipt, validation, transmission, and delivery of electronic messages, as well as for the payment and receipt of postage, and it intends to expand these and develop other similar services. Technology offers the possibility of interception, alteration, and counterfeiting of electronic messages and postage by persons acting with fraudulent intent. The U. S. Postal Service proposes to offer services that will provide safeguards against such activity. It will offer an *electronic postmark" that will provide evidence of the sending and/or receipt of electronic messages between senders and recipients of electronic messages. It will offer a secure system for the payment and receipt of postage.

The utility and value of these services to the public is directly related to their integrity. Criminal attacks against their integrity would have a detrimental effect upon the operations and finances of the U. S. Postal Service. Building upon its experience and expertise in protecting the integrity of conventional, corporeal mail, the Postal Inspection Service proposes to use its investigative and security resources to preserve and protect the integrity of the databases used by the Postal Service to operate the Nation's universal postal service and the electronic communication services it offers and will offer to the public. To achieve this purpose, the Postal Inspection Service should be able to take advantage of the protection provided by existing statutes prohibiting access

device, computer, and wire fraud within the limited jurisdictional area described in this memorandum.

THEREFORE, the signatories agree as follows:

1. Purpose

The Attorney General of the United States and the Postmaster General of the U. S. Postal Service are authorized by 18 U.S.C. § 3061(b)(2) (Section 6253, Pub. L. 100-690) to provide by agreement for the enforcement of laws of the United States by the Postal Inspection Service where the Attorney General determines that violations of such laws have a detrimental effect upon the operations of the U. S. Postal Service. It is the intention of the U. S. Postal Service to obtain authority from the Attorney General for the enforcement of 18 U.S.C. § 1029 and § 1030.

The general purpose of this Memorandum of Understanding ("MOU") is to ensure that, with the evolution of new Postal Service products that do not constitute "mail" in the traditional, corporeal sense, the Postal Inspection Service does not lose its ability to investigate criminal conduct directed against the operations of the U. S. Postal Service. The signatories to this MOU agree that a limited delegation of jurisdiction to the Postal Inspection Service to investigate violations of 18 U.S.C. § 1029 and § 1030 will accomplish this objective. The signatories, therefore, support a delegation of authority to the Postal Inspection Service to prevent and investigate violations of these statutes and to arrest persons who violate these statutes, within the terms of this MOU.

It is not the intention of the parties to expand the investigative role of the Postal Inspection beyond the provisions of 18 U.S.C. § 3061. In this context, the parties understand the phrase "criminal conduct that has a detrimental effect upon the operations of the U. S. Postal Service" to mean that criminal conduct in which the U. S. Postal Service is an actual or intended victim. It also means conduct that directly affects electronic messages conveyed by the U. S. Postal Service and the counterfeiting or misuse of any electronic postmarks used by the U. S. Postal Service. It also means criminal conduct directed against any computer, computer system, communication system, delivery system, payment system, or other similar property owned or leased by the U. S. Postal Service.

The Postal Inspection Service recognizes the relevant jurisdiction of the U. S. Secret Service as a principal enforcement agency responsible for the enforcement of 18 U.S.C. § 1029 and § 1030. The Postal Inspection Service will notify the U. S. Secret Service of its investigations relating to violations of 18 U.S.C. § 1029 and § 1030 in accordance with the provisions of this MOU.

The U. S. Secret Service recognizes the Postal Inspection Service as the principal law enforcement agency responsible for the investigation and -enforcement of laws affecting the U. S. Postal Service, its property and property in its custody, mail and the use of the mail, and other postal offenses, as established by 18 U.S.C. § 3061 and by 39 U.S.C. § 404(a)(7).

This MOU does not in any way limit the specific investigative authorities of the U. S. Secret Service or the Postal Inspection Service to investigate violations of these statutes pursuant to this Memorandum of Understanding. This MOU is intended to strengthen the enforcement of these statutes by granting a limited delegation of jurisdiction to the Postal Inspection Service to investigate violations of 18 U.S.C. § 1029 and § 1030.

Upon the commencement of an investigation into conduct potentially in violation of 18 U.S.C. § 1029 or § 1030, the Postal Inspection Service will notify the U. S. Secret Service at the local level using agreed upon procedures of the initiation of an investigation. Upon receipt of this information the U. S. Secret Service will inform the Postal Inspection Service whether or not the U. S. Secret Service intends to participate in the investigation, is already investigating the conduct, or is investigating related conduct. Furthermore, the U. S. Secret Service or the Postal Inspection Service will promptly inform the other agency if, when conducting an investigation, it receives information about or discovers criminal activity that is within the investigative jurisdiction of the other agency. However the investigation may thereafter proceed, the U. S. Secret Service and

the Postal Inspection Service will endeavor to coordinate their respective investigative activities with the other agency.

In addition, the Postal Inspection Service will provide the same notification to the Special Agent in Charge, Financial Crimes Division, U. S. Secret Service Headquarters, of an investigation into a violation of either 18 U.S.C. § 1029 or § 1030. Furthermore, Special Agent in Charge, Financial Crimes Division, shall be advised that similar information is being provided to the National Infrastructure Protection Center (NIPC), FBI Headquarters.

When the Postal Service offers a new electronic service to the public, the Postal Inspection Service will notify and consult with the Special Agent in Charge, Financial Crimes Division, regarding its impact upon any of the investigative programs or authority of the U.S. Secret Service.

While the Postal Inspection Service and the U.S. Secret Service anticipate working in concert to the extent authorized by law and in accordance with this MOU, if any local disputes arise between the agencies regarding the conduct of an investigation, it should be resolved at the field level. When this cannot be accomplished between the Secret Service Special Agent in Charge (SAIC) and the Postal Inspector in Charge (INC), the dispute shall be directed to the respective Headquarters investigative staff for resolution.

5. Legislation

The Postal Inspection Service or the U.S. Secret Service will inform the other agency if it intends to seek legislation amending either 18 U.S.C. § 1029 or § 1030.

This MOU may be amended only by the mutual consent of the signatories.