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39 U.S.C. § 3016 — Administrative subpoenas

Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3016 — Administrative subpoenas

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Source file: Laws/federal/codes/united-states-code/title-39/section-3016-administrative-subpoenas--0127b41a3c.md
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Source location: Title 39, Chapter 30, § 3016; chapter-030-nonmailable-matter.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3061&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1291&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), United States Code.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3061 — Investigative powers of Postal Service personnel

**(a)** Subject to subsection (b) of this section, Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mails may— (1) serve warrants and subpoenas issued under the authority of the United States; (2) make arrests without warrant for offenses against the United States committed in their presence; (3) make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; (4) carry firearms; and (5) make seizures of property as provided by law. **(b)** The powers granted by subsection (a) of this section shall be exercised only— (1) in the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses; and (2) to the extent authorized by the Attorney General pursuant to agreement between the Attorney General and the Postal Service, in the enforcement of other laws of the United States, if the Attorney General determines that violations of such laws have a detrimental effect upon the operations of the Postal Service. **(c)** (1) The Postal Service may employ police officers for duty in connection with the protection of property owned or occupied by the Postal Service or under the charge and control of the Postal Service, and persons on that property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property. (2) With respect to such property, such officers shall have the power to— (A) enforce Federal laws and regulations for the protection of pers

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1291 — Final decisions of district courts

The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3001 — Nonmailable matter

**(a)** Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738 11 See References in Text note below. of title 18, or section 26 of the Animal Welfare Act is nonmailable. **(b)** Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postal Service shall direct. **(c)** (1) Matter which— (A) exceeds the size and weight limits prescribed for the particular class of mail; or (B) is of a character perishable within the period required for transportation and delivery; is nonmailable. (2) Matter made nonmailable by this subsection which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender. **(d)** Matter otherwise legally acceptable in the mails which— (1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but (2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both; is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe— (A) the following notice: “This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this off

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3016 — Administrative subpoenas

Page 81 TITLE 39—POSTAL SERVICE § 3016 operative agreement with the State of Hawaii for a 2-year period to enforce in the State the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). ‘‘(B) AUTHORITY.—The Secretary shall use to carry out this paragraph the authority provided under section 3 of the Fish and Wildlife Improve- ment Act of 1978 (16 U.S.C. 742l). ‘‘(3) AGREEMENT BETWEEN POSTAL SERVICE AND HA- WAII.— ‘‘(A) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Postal Service shall offer to enter into a cooperative agreement with the State of Hawaii for a 2-year period to en- force in the State, under terms and conditions ac- ceptable to the Postal Service and in compliance with postal regulations, Public Law 100–574 [enact- ing section 3014 of this title, sections 1716B and 1716C of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 3014 of this title] and the amendments made by such Public Law. ‘‘(B) AUTHORITY.—The Postal Service shall use to carry out this paragraph the authority provided under section 3014 of title 39, United States Code. ‘‘(4) COOPERATIVE PROGRAMS.—Any program con- ducted jointly by the State of Hawaii and any Fed- eral agency under this subsection that in any way af- fects the mail or the postal system of the United States shall comply with postal regulations and shall be conducted under terms and conditions acceptable to the Postal Service. ‘‘(5) EXTENSION OF AGREEMENTS.—A cooperative agreement entered into under this subsection may be extended by mutual consent of the parties to the agreement. ‘‘(c) PUBLIC INFORMATION PROGRAM ON PROHIBITIONS AGAINST SHIPMENT OR TRANSPORTATION OF PLANT PESTS AND INJURIOUS ANIMALS.— ‘‘(1) IN GENERAL.—The Postal S

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