Administrative subpoenas

  1. Law
  2. USC 39
  3. Postal Service
  4. MAIL MATTER
  5. NONMAILABLE MATTER
  6. Administrative subpoenas

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§3016. Administrative subpoenas

(a) Subpoena Authority.-

(1) Investigations.-

(A) In general.-In any investigation conducted under section 3005(a), the Postmaster General may require by subpoena the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Postmaster General considers relevant or material to such investigation.

(B) Condition.-No subpoena shall be issued under this paragraph except in accordance with procedures, established by the Postal Service, requiring that-

(i) a specific case, with an individual or entity identified as the subject, be opened before a subpoena is requested;

(ii) appropriate supervisory and legal review of a subpoena request be performed; and

(iii) delegation of subpoena approval authority be limited to the Postal Service's General Counsel or a Deputy General Counsel.


(2) Statutory proceedings.-In any statutory proceeding conducted under section 3005(a), the Judicial Officer may require by subpoena the attendance and testimony of witnesses and the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Judicial Officer considers relevant or material to such proceeding.

(3) Rule of construction.-Nothing in paragraph (2) shall be considered to apply in any circumstance to which paragraph (1) applies.


(b) Service.-

(1) Service within the united states.-A subpoena issued under this section may be served by a person designated under section 3061 of title 18 at any place within the territorial jurisdiction of any court of the United States.

(2) Foreign service.-Any such subpoena may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States may assert jurisdiction over such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by such person that such court would have if such person were personally within the jurisdiction of such court.

(3) Service on business persons.-Service of any such subpoena may be made upon a partnership, corporation, association, or other legal entity by-

(A) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity;

(B) delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity; or

(C) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business.


(4) Service on natural persons.-Service of any subpoena may be made upon any natural person by-

(A) delivering a duly executed copy to the person to be served; or

(B) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such person at his residence or principal office or place of business.


(5) Verified return.-A verified return by the individual serving any such subpoena setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such subpoena.


(c) Enforcement.-

(1) In general.-Whenever any person, partnership, corporation, association, or entity fails to comply with any subpoena duly served upon him, the Postmaster General may request that the Attorney General seek enforcement of the subpoena in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section.

(2) Jurisdiction.-Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. Any final order entered shall be subject to appeal under section 1291 of title 28, United States Code. Any disobedience of any final order entered under this section by any court may be punished as contempt.


(d) Disclosure.-Any documentary material provided pursuant to any subpoena issued under this section shall be exempt from disclosure under section 552 of title 5, United States Code.

(Added Pub. L. 106–168, title I, §107(a), Dec. 12, 1999, 113 Stat. 1812 .)


Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.


Statutory Notes and Related Subsidiaries

Effective Date

Section effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as an Effective Date of 1999 Amendment note under section 3001 of this title.

Regulations

Pub. L. 106–168, title I, §107(b), Dec. 12, 1999, 113 Stat. 1813 , provided that: "Not later than 120 days after the date of the enactment of this section [Dec. 12, 1999], the Postal Service shall promulgate regulations setting out the procedures the Postal Service will use to implement the amendment made by subsection (a) [enacting this section]."


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