USPS Subpoena Authority Act
Officially: “USPS Subpoena Authority Act” Read the full text
What it does
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1Short title
This section says the Act may be referred to as the "USPS Subpoena Authority Act."
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1. Short title This Act may be cited as the USPS Subpoena Authority Act .
2United States Postal Service administrative subpoena authority
This section would change the part of postal law that lets the Postal Service issue subpoenas during investigations. Under the new version, in any investigation into a "covered offense," the Postmaster General could issue a written subpoena, and have it served, requiring the production of records and the testimony described below. A "covered offense" would mean a violation of any section within this same chapter of the law, any section of chapter 83 of title 18 of the United States Code but only if the violation involves the use of the mails, any other law listed in section 3001(a) of title 39, or the Controlled Substances Act but only if that violation involves the use of the mails. Except where noted below, a subpoena issued under this authority could require two things: the production of any records, including books, papers, documents, and other tangible items that make up or contain evidence, that the Postmaster General considers relevant or material to the investigation, and testimony from the custodian of those items about how they were produced and whether they are genuine. But a subpoena issued in connection with an investigation under section 3005(a) of title 39 could not require that custodian testimony, only the production of records. This section would also limit who inside the Postal Service can be given the power to approve a subpoena issued under this authority: only the Postal Service's General Counsel, a Deputy General Counsel, or the Chief Postal Inspector could be delegated that approval power.
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2. United States Postal Service administrative subpoena authority Section 3016(a)(1) of title 39, United States Code, is amended— (1) by redesignating subparagraph (B) as subparagraph (D); (2) by striking subparagraph (A) and inserting the following: (A) In general In any investigation relating to a covered offense, the Postmaster General may issue in writing and cause to be served a subpoena requiring the production and testimony described in subparagraph (B). In this subparagraph, the term covered offense means a violation of— (i) any section in this chapter; (ii) any section of chapter 83 of title 18 insofar as such violation involves the use of the mails; (iii) any other provision of law enumerated in section 3001(a); or (iv) the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), insofar as such violation involves the use of the mails. (B) Production and testimony Except as provided in subparagraph (C), a subpoena issued under subparagraph (A) may require— (i) the production of any records (including books, papers, documents, and other tangible things that constitute or contain evidence) that the Postmaster General considers relevant or material to such investigation; and (ii) testimony by the custodian of the things required to be produced concerning the production and authenticity of those things. (C) Application A subpoena issued in connection with an investigation under section 3005(a) shall not require testimony as set forth in subparagraph (B)(ii). ; and (3) in subparagraph (D), as redesignated by paragraph (1) of this section, by amending clause (iii) to read as follows: (iii) delegation of subpoena approval authority be limited to the Postal Service’s General Counsel, a Deputy General Counsel, or the Chief Postal Inspector. .
Where it is
In the House.