What This Bill Does
This bill expands the power of the United States Postal Service to issue subpoenas (official orders to produce evidence) during investigations. The bill changes which crimes the Postal Service can investigate using this power and determines who within the agency can approve these subpoenas.
Who It Affects
The Postal Service and its leadership. People or businesses under investigation by the Postal Service for crimes involving the mail system.
Key Provisions
- The Postmaster General (the head of the Postal Service) can issue written subpoenas to require people to produce records and testify when investigating crimes involving use of the mail system (Sec. 2).
- A subpoena can require production of records like books, papers, documents and physical items that contain evidence the Postmaster General thinks is relevant or important to an investigation (Sec. 2).
- A subpoena can require the person who keeps these records to testify about whether the records are real and authentic (Sec. 2).
- Only the Postal Service's General Counsel (its top lawyer), a Deputy General Counsel, or the Chief Postal Inspector can approve subpoenas (Sec. 2).
What Changes
The bill updates rules about when the Postal Service can issue subpoenas. It expands the types of crimes the Postal Service can investigate, including violations of the Controlled Substances Act (drug laws) when the mails are used, and other crimes already listed in federal law. It also narrows who can approve these subpoenas to only three specific positions.
Important Definitions
"Covered offense" means a violation of postal laws, certain federal crimes involving use of the mail, or drug law violations involving use of the mail (Sec. 2).
I
118TH CONGRESS
1ST SESSION H. R. 1641
To amend title 39, United States Code, to enhance the administrative sub-
poena authority of the United States Postal Service, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 2023
Ms. MALLIOTAKIS (for herself and Ms. MENG) introduced the following bill;
which was referred to the Committee on Oversight and Accountability
A BILL
To amend title 39, United States Code, to enhance the
administrative subpoena authority of the United States
Postal Service, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘USPS Subpoena Au-
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thority Act’’.
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SEC. 2. UNITED STATES POSTAL SERVICE ADMINISTRATIVE
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SUBPOENA AUTHORITY.
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Section 3016(a)(1) of title 39, United States Code,
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is amended—
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•HR 1641 IH
(1) by redesignating subparagraph (B) as sub-
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paragraph (D);
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(2) by striking subparagraph (A) and inserting
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the following:
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‘‘(A) IN GENERAL.—In any investigation
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relating to a covered offense, the Postmaster
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General may issue in writing and cause to be
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served a subpoena requiring the production and
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testimony described in subparagraph (B). In
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this subparagraph, the term ‘covered offense’
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means a violation of—
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‘‘(i) any section in this chapter;
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‘‘(ii) any section of chapter 83 of title
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18 insofar as such violation involves the
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use of the mails;
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‘‘(iii) any other provision of law enu-
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merated in section 3001(a); or
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‘‘(iv) the Controlled Substances Act
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(21 U.S.C. 801 et seq.), insofar as such
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violation involves the use of the mails.
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‘‘(B) PRODUCTION AND TESTIMONY.—Ex-
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cept as provided in subparagraph (C), a sub-
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poena issued under subparagraph (A) may re-
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quire—
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‘‘(i) the production of any records (in-
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cluding books, papers, documents, and
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other tangible things that constitute or
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contain evidence) that the Postmaster Gen-
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eral considers relevant or material to such
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investigation; and
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‘‘(ii) testimony by the custodian of the
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things required to be produced concerning
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the production and authenticity of those
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things.
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‘‘(C) APPLICATION.—A subpoena issued in
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connection with an investigation under section
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3005(a) shall not require testimony as set forth
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in subparagraph (B)(ii).’’; and
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(3) in subparagraph (D), as redesignated by
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paragraph (1) of this section, by amending clause
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(iii) to read as follows:
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‘‘(iii) delegation of subpoena approval
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authority be limited to the Postal Service’s
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General Counsel, a Deputy General Coun-
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sel, or the Chief Postal Inspector.’’.
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Æ
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