§ 3016. — Administrative subpoenas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3016]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 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, Sec. 107(a), Dec. 12, 1999, 113 Stat.
1812.)
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.
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, Sec. 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].''
Section Referred to in Other Sections
This section is referred to in section 3013 of this title.
