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 Service, the Secretary of the Interior, and the Secretary of Agriculture shall jointly establish a public information program to in- form the public on— ‘‘(A) the prohibitions against the shipment or transportation of plants, plants [sic] pests, and in- jurious animals; and ‘‘(B) the consequences of violating Federal laws designed to prevent the introduction of alien spe- cies into the State of Hawaii and other areas of the United States. ‘‘(2) METHODS.—In carrying out paragraph (1), the Postal Service and Secretaries may— ‘‘(A) use public service announcements, mail, and other forms of distributing information, dial-up in- formation services, and such other methods as will effectively communicate the information described in paragraph (1); and ‘‘(B) cooperate with State and private organiza- tions to carry out the program established under this subsection. ‘‘(3) STUDY.—Not later than 1 year after the pro- gram established under subsection (a) commences, the Secretary of Agriculture, in cooperation with the Secretary of the Interior, the Postal Service, and the State of Hawaii, shall— ‘‘(A) conduct a study to determine the proportion of plant pests and injurious animals that are intro- duced into Hawaii by various modes of commerce; and ‘‘(B) report the results of the study to Congress.’’ § 3016. Administrative subpoenas (a) SUBPOENA AUTHORITY.— (1) INVESTIGATIONS.— (A) IN GENERAL.—In any investigation con- ducted under section 3005(a), the Postmaster General may require by subpoena the pro- duction of any records (including books, pa- pers, 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 ac- cordance 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 re- view of a subpoena request be performed; and (iii) delegation of subpoena approval au- thority be limited to the Postal Service’s General Counsel or a Deputy General Counsel. (2) STATUTORY PROCEEDINGS.—In any statu- tory 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 con- tain evidence) which the Judicial Officer con- siders relevant or material to such proceeding. (3) RULE OF CONSTRUCTION.—Nothing in para- graph (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 terri- torial 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 man- ner 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 con- sistent 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 juris- diction of such court. (3) SERVICE ON BUSINESS PERSONS.—Service of any such subpoena may be made upon a part- nership, 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, associa- tion, 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, Page 82 TITLE 39—POSTAL SERVICE § 3017 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 of- fice or place of business. (5) VERIFIED RETURN.—A verified return by the individual serving any such subpoena set- ting 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 re- ceipt of delivery of such subpoena. (c) ENFORCEMENT.— (1) IN GENERAL.—Whenever any person, part- nership, corporation, association, or entity fails to comply with any subpoena duly served upon him, the Postmaster General may re- quest that the Attorney General seek enforce- ment of the subpoena in the district court of the United States for any judicial district in which such person resides, is found, or trans- acts business, and serve upon such person a pe- tition for an order of such court for the en- forcement 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 juris- diction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provi- sions 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 sec- tion 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 imple- ment the amendment made by subsection (a) [enacting this section].’’ § 3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings (a) DEFINITIONS.—In this section— (1) the term ‘‘promoter’’ means any person who— (A) originates and mails any skill contest or sweepstakes, except for any matter de- scribed in section 3001(k)(4); or (B) originates and causes to be mailed any skill contest or sweepstakes, except for any matter described in section 3001(k)(4); (2) the term ‘‘removal request’’ means a re- quest stating that an individual elects to have the name and address of such individual ex- cluded from any list used by a promoter for mailing skill contests or sweepstakes; (3) the terms ‘‘skill contest’’, ‘‘sweepstakes’’, and ‘‘clearly and conspicuously displayed’’ have the same meanings as given them in sec- tion 3001(k); and (4) the term ‘‘duly authorized person’’, as used in connection with an individual, means a conservator or guardian of, or person grant- ed power of attorney by, such individual. (b) NONMAILABLE MATTER.— (1) IN GENERAL.—Matter otherwise legally acceptable in the mails described in paragraph (2)— (A) is nonmailable matter; (B) shall not be carried or delivered by mail; and (C) shall be disposed of as the Postal Serv- ice directs. (2) NONMAILABLE MATTER DESCRIBED.—Matter described in this paragraph is any matter that— (A) is a skill contest or sweepstakes, ex- cept for any matter described in section 3001(k)(4); and (B)(i) is addressed to an individual who made an election to be excluded from lists under subsection (d); or (ii) does not comply with subsection (c)(1). (c) REQUIREMENTS OF PROMOTERS.— (1) NOTICE TO INDIVIDUALS.—Any promoter who mails a skill contest or sweepstakes shall provide with each mailing a statement that— (A) is clearly and conspicuously displayed; (B) includes the address or toll-free tele- phone number of the notification system es- tablished under paragraph (2); and (C) states that the notification system may be used to prohibit the mailing of all skill contests or sweepstakes by that pro- moter to such individual. (2) NOTIFICATION SYSTEM.—Any promoter that mails or causes to be mailed a skill con- test or sweepstakes shall establish and main- tain a notification system that provides for any individual (or other duly authorized per- son) to notify the system of the individual’s election to have the name and address of the individual excluded from all lists of names and addresses used by that promoter to mail any skill contest or sweepstakes. (d) ELECTION TO BE EXCLUDED FROM LISTS.— (1) IN GENERAL.—An individual (or other duly authorized person) may elect to exclude the