[Federal Register Volume 65, Number 52 (Thursday, March 16, 2000)]
[Proposed Rules]
[Pages 14229-14230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6092]


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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]
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