[Title 28 CFR 19]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 19 - USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseUSE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN19PART 19JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 19--USE OF PENALTY MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN--Table of Contents




Sec.
19.1  Purpose.
19.2  Contact person for Missing Children Penalty Mail Program.
19.3  Policy.
19.4  Cost and percentage estimates.
19.5  Report to the Office of Juvenile Justice and Delinquency 
          Prevention.
19.6  Responsibility of DOJ organizational units for program 
          implementation and implementation procedures.

    Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301.

    Source: Order No. 1239-87, 52 FR 45174, Nov. 25, 1987, unless 
otherwise noted.



Sec. 19.1  Purpose.

    This regulation, providing for a Missing Children Penalty Mail 
Program in the Department of Justice (DOJ), is intended to comply with 
the regulation requirement set forth in section 1(a) of Public Law 99-
87, which adds a new section 3220 to title 39, U.S. Code. The regulation 
also implements the Office of Juvenile Justice and Delinquency 
Prevention (OJJDP) guideline (50 FR 46622) promulgated under the 
authority of 39 U.S.C. 3220(a)(1), and is intended to assist in the 
location and recovery of missing children through the use of DOJ penalty 
mail.



Sec. 19.2  Contact person for Missing Children Penalty Mail Program.

    The DOJ contact person for the Missing Children Penalty Mail Program 
is: Patricia Schellman, General Services Staff, Justice Management 
Division, U.S. Department of Justice, 10th and Constitution Ave., NW., 
Washington, DC 20530, telephone number (202) 633-2353.



Sec. 19.3  Policy.

    (a) The Department of Justice will supplement and expand the 
national effort to assist in the location and recovery of missing 
children by maximizing the economical use of missing children 
photographs and biographical information in domestic penalty mail 
directed to members of the public.
    (b) Because the use of inserts printed with missing children 
photographs and biographical information has been determined to be the 
most cost effective method for general application of the program, DOJ's 
first priority will be to insert, manually and via automated inserting 
equipment, photographs and biographical data related to missing children 
in a variety of types of penalty mail envelopes. These include:
    (1) Standard letter-size envelopes (4\1/2\< x 9\1/
2\<);
    (2) Document-size envelopes (9\1/2\< x 12<, 
9\1/2\ x 11\1/2\<, 10< x 13<); and
    (3) Other envelopes (misc. size).
    (c)(1) Maximum consideration will be given to the use of missing 
children materials with high volume printing plant or distribution plan 
mail that will be sent to the public or to Federal, State or local 
government agencies. Every effort will be made to use the most cost 
effective and efficient methods of obtaining, distributing, and 
disseminating missing children information.
    (2) In instances when the printing of photograph(s) and biographical 
information directly on self-mailers and other publications 
(newsletters, bulletins, etc.) and/or on penalty mail envelopes proves 
to be practical and cost effective, this method may also be used. 
Photographs and biographical information related to missing children may 
be printed on the three types of penalty mail envelopes listed above.

[[Page 391]]

    (d) Missing children information shall not be placed on the 
``Penalty Indicia'', ``OCR Read Area'', ``Bar Code Read Area'', and 
``Return Address'' areas of standard letter-size envelopes per appendix 
A of the OJJDP guideline as published in the November 8, 1985, Federal 
Register (50 FR 46625).
    (e) The National Center for Missing and Exploited Children (National 
Center) will be the sole source from which DOJ will acquire the camera-
ready and other photographic and biographical materials to be 
disseminated for use by DOJ organizational units. When printing missing 
children information, DOJ will select subjects in accordance with the 
schedule published by the National Center.
    (f) DOJ will remove all printed penalty mail envelopes and other 
materials from circulation or other use (i.e.: Use or destroy) within a 
three month period from the date the National Center receives 
information or notice that a child whose photograph and biographical 
information have been made available to DOJ has been recovered or that 
the parent(s) or guardian's permission to use the child's photograph and 
biographical information has been withdrawn. The National Center will be 
responsible for immediately notifying the DOJ contact person, in 
writing, of the need to withdraw penalty mail envelopes and other 
materials related to a particular child from circulation. Photographs 
which were reasonably current as of the time of the child's 
disappearance shall be the only acceptable form of visual media or 
pictorial likeness used on or in DOJ penalty mail.
    (g) DOJ will give priority to penalty mail that:
    (1) Is addressed to members of the public and will be received in 
the United States, its territories and possessions; and
    (2) Is widely disseminated and read by DOJ employees such as inter- 
and intra-agency publications and other media.
    (h) All DOJ employee suggestions, ideas or recommendations for 
innovative, cost-effective techniques for implementation of the Missing 
Children Penalty Mail Program should be forwarded to the DOJ contact 
person. DOJ Mail Managers shall hold biannual meetings to discuss the 
status of implementation of the current plan, and to consider 
recommendations to improve future plan implementation.
    (i) This shall be the sole DOJ regulation implementing this program.



Sec. 19.4  Cost and percentage estimates.

    It is estimated that this program will cost DOJ $78,000 during the 
initial year. This figure is based on estimates of printing, inserting, 
and administrative costs. It is DOJ's objective that 50 percent of DOJ 
penalty mail contain missing children photographs and biographical 
information by the end of the first year of the program.



Sec. 19.5  Report to the Office of Juvenile Justice and Delinquency Prevention.

    DOJ will compile and submit to OJJDP, by June 30, 1987, a 
consolidated report on its experience in implementation of 39 U.S.C. 
3220(a)(2), the OJJDP guidelines and the DOJ regulation. The report will 
consolidate information gathered from individual DOJ organizational 
units and cover the period February 5, 1986 through March 31, 1987. The 
report will provide the following information:
    (a) DOJ's experience in implementation, including problems 
encountered, successful and/or innovative methods adopted to use missing 
children photographs and information on or in penalty mail, the 
estimated number of pieces of penalty mail containing such information, 
and the estimated percentage of total agency penalty mail, domestic 
penalty mail, and domestic penalty mail directed to members of the 
public which this number represents.
    (b) The estimated total cost to implement the program, with 
supporting detail (for example, printing cost, hours of labor or labor 
cost, cost related to withdrawal of photographs, etc.).
    (c) Recommendations for changes in the program which would make it 
more effective.

[[Page 392]]



Sec. 19.6  Responsibility of DOJ organizational units for program implementation and implementation procedures.

    (a) The General Services Staff, Justice Management Division (JMD), 
will be the liaison between the National Center and the principal 
organizational units of the Department. The General Services Staff, JMD 
shall be responsible for:
    (1) Developing and disseminating Departmentwide guidelines and 
monitoring the implementation of the Missing Children Penalty Mail 
Program.
    (2) Ordering camera-ready copies and other photographic and 
biographical material from the National Center, using the format 
established by the Center, and distributing the material within the 
Department of Justice.
    (3) Immediately notifying DOJ components, in writing, of the need to 
use or withdraw from circulation, within 90 days, penalty mail 
envelopes, inserts and other material related to a recovered child or 
child whose parent(s) or guardian has withdrawn consent to use the 
photograph and biographical information. See 28 CFR 0.1, Organizational 
Structure of the Department of Justice, for a listing of DOJ principal 
organizational units designated as components.
    (4) Collecting, analyzing and consolidating cost, mail volume data 
and other program related information and reporting to OJJDP, by June 
30, 1987, on DOJ's experience in implementing the program.
    (5) Conducting biannual meetings with selected components contacts 
to discuss current plans and solicit suggestions and/or recommendations 
for innovative and cost effective techniques to enhance the success of 
the program.
    (6) Providing guidance and assistance to components in internal 
program development and implementation.
    (7) Maintaining a list of DOJ personnel assigned to serve as Missing 
Children Program Coordinators for the components.
    (b) Bureau Mail Managers and components Executive/Administrative 
Officers shall be responsible for:
    (1) Establishing and implementing internal procedures and guidelines 
for the dissemination and use of missing children photographs and 
biographical information on or in domestic penalty mail. For example, 
the Bureau Mail Manager will provide guidance to Bureau offices on the 
types of missing children information which are available for use on or 
in penalty mail and establish procedures for obtaining and using the 
information, as appropriate.
    (2) Identifying and reviewing publications and other Bureau media 
for suitable use in disseminating missing children photographs and 
information and obtaining approval for its use from the originating 
office.
    (3) Ensuring that all printed penalty mail envelopes, inserts, and 
other penalty mail material containing photographs and biographical 
information on a missing child are used or removed from circulation or 
other use within 90 days from the date of DOJ notification by the 
National Center to withdraw material for that child.
    (4) Designating Missing Children Coordinator(s) at headquarters and 
in each component and field office participating in the program.
    (5) Arranging for printing and/or acquisition through designated 
channels, adequate supplies of inserts or penalty mail envelopes and 
other materials containing photographs and biographical data related to 
missing children.
    (6) Collecting and reporting to the General Services Staff, Justice 
Management Division, the information identified in Sec. 19.5 of this 
part as required for inclusion in the DOJ's consolidated report to 
OJJDP.
    (c) Component and Bureau Missing Children Program Coordinators shall 
be responsible for:
    (1) Insuring that adequate supplies of envelopes or inserts are 
ordered, received or disseminated for use within the organizational unit 
or requesting camera-ready copy for printing from the DOJ contact person 
using a written form to be established by DOJ Guideline.
    (2) Ensuring that the acquisition and use of missing children 
information through inserts or printing of these materials in 
publications or on envelopes is approved by appropriate authority within 
the organizational unit.

[[Page 393]]

    (3) Maintaining and disseminating supplies of inserts, envelopes, 
and camera-ready copy (for publications) to personnel who prepare 
domestic penalty mail for dispatch through the U.S. Postal Service.
    (4) Notifying employees within their organizational unit to use or 
remove from circulation all printed penalty mail envelopes, inserts, and 
other material containing a photograph and biographical information on a 
missing child within 90 days from the date of DOJ notification by the 
National Center to withdraw material for that child.
    (5) Serving as the central point of contact within their 
organizations for all matters relating to the Missing Children Penalty 
Mail Program.
    (6) Collecting and reporting essential management information 
relating to the implemention of this program within their organizational 
unit and reporting this information to the appropriate Bureau Mail 
Manager or component Executive/Administrative Officer.
    (d) Missing children pictures and biographical information shall not 
be:
    (1) Printed on penalty mail envelopes, inserts, or other materials 
which are ordered and/or stocked in quantities which represent more than 
a 90 day supply.
    (2) Printed on blank pages or covers of publications that may be 
included in the Superintendent of Documents' Sales Program or are to be 
distributed to depository Libraries.
    (3) Inserted in any envelope and/or publication the contents of 
which may be construed to be inappropriate for association with the 
Missing Children Penalty Mail Program.
    (e) Each component shall provide the General Services Staff, Justice 
Management Division, with the name(s), telephone number(s) and mailing 
address(es) of each designated Missing Children Program Coordinator 
within 30 days of the effective date of this regulation.
    (f) Each component shall submit a quarterly report to the General 
Services Staff, Justice Management Division, within 5 days after the 
close of each Fiscal Year quarter providing the specific information 
identified in Sec. 19.5 concerning implementation and participation in 
the program.