The USPS Subpoena Authority Act allows the Postmaster General to issue subpoenas for investigations into offenses related to the Postal Service and limits the delegation of subpoena approval authority. This will allow the USPS to investigate violations of the Controlled Substances Act involving mail use.
Nicole Malliotakis
Representative
NY-11
The USPS Subpoena Authority Act enables the Postmaster General to issue subpoenas for investigations into specific offenses, including those related to mail use and controlled substances. These subpoenas can demand relevant records and testimony to ensure the authenticity of the records. The authority to approve these subpoenas is limited to the Postal Service's General Counsel, a Deputy General Counsel, or the Chief Postal Inspector.
USPS Gets New Subpoena Powers for Mail-Related Crimes: Focus on Drug Trafficking and Fraud
The USPS Subpoena Authority Act gives the Postmaster General the power to issue subpoenas in investigations related to specific crimes involving the mail. This includes offenses like drug trafficking, fraud, and other violations outlined in Chapters 39 and 83 of Title 18 of the U.S. Code, as well as violations of the Controlled Substances Act that use the mail system (SEC. 2). Basically, it's a tool to help the Postal Service crack down on illegal activity happening through the mail.
Mail-Related Crimes Targeted
This new law isn't a free-for-all. It specifically targets crimes that use the postal system. Think sending drugs through the mail or running scams that rely on letters or packages. The bill allows the Postmaster General to subpoena records and, in most cases, testimony from the person in charge of those records, to verify their authenticity (SEC. 2). This helps investigators get the evidence they need to build cases.
For example, if the Postal Inspection Service is investigating a large-scale operation sending illegal narcotics through the mail, they can now use a subpoena to obtain records from a shipping company suspected of involvement, and also compel testimony from the company's records custodian to confirm those records are legitimate. This is a more direct route than previous methods of investigation.
Who Holds the Power?
The bill also limits who can approve these subpoenas. It's not just anyone at the USPS. Only the General Counsel, a Deputy General Counsel, or the Chief Postal Inspector can greenlight a subpoena (SEC. 2). This keeps the power concentrated at high levels, presumably to prevent misuse. It's like making sure only the manager, not every employee, has access to the store's safe.
Potential Snags
While the bill aims to streamline investigations, there are potential downsides. The expanded subpoena power could be used for relatively minor offenses, or even target individuals without solid evidence. It's crucial that there are checks and balances to ensure this power is used responsibly and doesn't become a tool for fishing expeditions. The limits on who can authorize subpoenas are a step in that direction, but real-world application will determine how effective those limits are.