USPS Subpoena Authority Act
The USPS Subpoena Authority Act would broaden the United States Postal Service’s ability to issue administrative subpoenas in investigations tied to a wide range of offenses involving the mail. Specifically, it allows the Postmaster General to issue subpoenas requiring production of records and testimony from custodians of those records in investigations of covered offenses (including violations of the USPS chapter, certain mail-involved offenses under 18 U.S.C. chapter 83, other enumerated federal laws, and the Controlled Substances Act when the violation involves the mails). In most cases, subpoenas can require both production of records and testimony about those records. However, for investigations conducted under section 3005(a), the subpoena may not require testimony. The bill also tightens the authority to approve subpoenas, limiting delegation to the USPS General Counsel, a Deputy General Counsel, or the Chief Postal Inspector. The measure is currently introductory, with no sponsor listed beyond the initial House introductions.
Key Points
- 1Expands subpoena authority: The Postmaster General can issue written subpoenas in investigations of a broad set of mail-related offenses, requiring production of records and custodian testimony.
- 2Covered offenses defined: Includes violations of the USPS chapter, 18 U.S.C. chapter 83 (to the extent it involves the use of the mails), other laws listed in 39 U.S.C. §3001(a), and the Controlled Substances Act when the offense involves the use of the mails.
- 3Subpoena scope: Subpoenas can require production of records and testimony concerning those records, with limited exceptions.
- 4Testimony carve-out for 3005(a): In investigations under section 3005(a), subpoenas may not require the custodian’s testimony, only production of records.
- 5Approval authority narrowed: The authority to approve subpoenas is limited to the Postal Service’s General Counsel, a Deputy General Counsel, or the Chief Postal Inspector, ensuring centralized oversight.