[Federal Register: March 16, 2000 (Volume 65, Number 52)]
[Proposed Rules]
[Page 14229-14230]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr00-20]

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POSTAL SERVICE

39 CFR Part 913


Procedures for the Issuance of Administrative Subpoenas Under 39
U.S.C. 3016

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The Postal Service proposes to establish procedures for the
issuance of administrative subpoenas in investigations of false
representations and lotteries under 39 U.S.C. 3005(a). These subpoenas
will require the production of records which contain evidence
considered relevant or material in such investigations.

DATES: Comments must be received on or before April 17, 2000.

ADDRESSES: Written comments should be mailed to Civil Practice Section,
U.S. Postal Service Law Department, 475 L'Enfant Plaza, SW, Washington,
DC 20260-1135. Copies of all written comments will be available for
inspection and photocopying between 8:15 a.m. and 4:45 p.m., Monday
through Friday, at the above address.

FOR FURTHER INFORMATION CONTACT: Elizabeth P. Martin, (202) 268-3022.

SUPPLEMENTARY INFORMATION: The Deceptive Mail Prevention and
Enforcement Act, Pub. L. No. 106-168, 113 Stat. 1806, enacted on
December 12, 1999, generally provides for the amendment of chapter 30
of title 39, United States Code, to provide for the nonmailability of
certain deceptive matter relating to sweepstakes, skill contests, and
facsimile checks as well as amending provisions relating to
administrative procedures and orders and adding civil penalties
relating to such matters.
    The Deceptive Mail Prevention and Enforcement Act enacted new 39
U.S.C. 3016 to grant the Postmaster General authority to issue
administrative subpoenas requiring 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 in any investigation conducted under 39 U.S.C.
3005(a), dealing with false representations and lotteries. The Act also
authorizes new administrative civil penalties.
    The Postal Service is proposing to add a new Part 913 to title 39
of the Code of Federal Regulations to establish the procedures to be
used for the issuance of the administrative subpoenas authorized under
39 U.S.C. 3016. The proposed rules set forth the conditions under which
subpoenas may be issued, the methods of service of subpoenas, the means
by which subpoenas may be enforced, and the restrictions on the
disclosure of subpoenaed information.
    Although exempt from the notice and comment requirements of the
Administrative Procedure Act (39 U.S.C. 410(a)), the Postal Service
invites comments on the proposed new Part 913 of title 39, Code of
Federal Regulations.

List of Subjects in 39 CFR Part 913

    Administrative practice and procedure, False representations,
Lotteries.

    For the reasons set out in the preamble, the Postal Service
proposes to add Part 913 to title 39 of the Code of Federal Regulations
as set forth below:

PART 913--PROCEDURES FOR THE ISSUANCE OF ADMINISTRATIVE SUBPOENAS
UNDER 39 U.S.C. 3016

Sec.
913.1   Subpoena authority.
913.2   Service.
913.3   Enforcement.
913.4   Disclosure.

    Authority: 39 U.S.C. 204, 401, 404, 3005, 3016.

Sec. 913.1  Subpoena authority.

    (a) General. The General Counsel is responsible for the issuance of
subpoenas in investigations conducted under 39 U.S.C. 3005(a), with
authority to delegate that function to a Deputy General Counsel.
    (b) Production of records. A subpoena issued by the General Counsel
may require the production of any records (including computer records,
books, papers, documents, and other tangible things which constitute or
contain evidence) which the General Counsel considers relevant or
material to an investigation.
    (c) Requests for subpoenas. (1) A request for a subpoena shall be
submitted to the Office of the General Counsel by a Postal Inspector,
Inspector Attorney, or other individual specifically authorized by the
Postal Inspection Service to submit such a request, after appropriate
review by an Inspector In Charge or that person's designee.
    (2) A request for a subpoena shall state the specific case, with an
individual or entity identified as the subject, in which the subpoena
is requested.
    (3) A request for a subpoena shall contain a description of the
records requested, and shall state how they are relevant or material to
the investigation.
    (4) The General Counsel, in his or her discretion, may require the
requesting

[[Page 14230]]

individual to provide additional information, and honor requests to
amend or supplement a request for a subpoena.
    (d) Form and issuance. Every subpoena shall cite 39 U.S.C. 3016 as
the authority under which it is issued, and shall command each person
to whom it is directed to produce specified records at a time and place
therein specified. The General Counsel shall sign the subpoena and
enter the name of the individual or entity to whom it is directed.

Sec. 913.2  Service.

    (a) Service within the United States. A subpoena issued under this
section may be served by a person designated under 18 U.S.C. 3061 at
any place within the territorial jurisdiction of any court of the
United States.
    (b) 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 describe 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.
    (c) Service on business persons. Service of any such subpoena may
be made upon a partnership, corporation, association, or other legal
entity by--
    (1) 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;
    (2) Delivering a duly executed copy thereof to the principal office
or place of business of the partnership, corporation, association, or
entity; or
    (3) 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.
    (d) Service on natural persons. Service of any subpoena may be made
upon any natural person by--
    (1) Delivering a duly executed copy to the person to be served; or
    (2) 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.
    (e) 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.

Sec. 913.3  Enforcement.

    (a) In general. Whenever any person, partnership, corporation,
association, or entity fails to comply with any subpoena duly served
upon him, the General Counsel 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 (or in the case of a person outside the
territorial jurisdiction of any district court, the district court for
the District of Columbia), and serve upon such person a petition for an
order of such court for the enforcement of this part.
    (b) 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 28 U.S.C. 1291. Any disobedience of any final order
entered under this section by any court may be punished as contempt.

Sec. 913.4  Disclosure.

    Any documentary material provided pursuant to any subpoena issued
under this section shall be exempt from disclosure under 5 U.S.C. 552.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-6092 Filed 3-15-00; 8:45 am]
BILLING CODE 7710-12-P