§ 3012. Civil penalties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   Mail Order Consumer Protection Amendments of 1983

   Pub. L. 98–186 § 3(a) · 97 Stat. 1315

   Enacted · 39 U.S.C. § 3012

   Added Pub. L. 98–186, § 3(a), Nov. 30, 1983, 97 Stat. 1316

   Source evidence

   Code source credit
   Added Pub. L. 98–186, § 3(a), Nov. 30, 1983, 97 Stat. 1316

   Enacted provision · exact public law section
   (a) Chapter 30 of title 39, United States Code, is amended by adding at the end thereof the following new sections: “§ 3012. Civil penalties “(a) Any person— “(1) who, through the use of the mail, evades or attempts to Ante, p. 1315. evade the effect of an order issued under section 3005(a)(1) or 3005(a)(2) of this title; “(2) who fails to comply with an order issued under section 3005(a)(3) of this title; or “(3) who (other than a publisher described by section 3007(b) of this title) has actual knowledge of any such order, is in privity with any person described by paragraph (1) or (2) of this subsection, and engages in conduct to assist any such person to evade, attempt to evade, or fail to comply with any such order, as the case may be, through the use of the mail; shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day that such person engages in conduct described by paragraph (1), (2), or (3) of this subsection. A separate penalty may be assessed under this subsection with respect to the conduct described in each such paragraph. “(b) (1) Whenever, on the basis of any information available to it, the Postal Service finds that any person has engaged, or is engaging, in conduct described by paragraph (1), (2), or (3) of subsection (a), the Postal Service may, under the provisions of section 409(d) of this title, commence a civil action to enforce the civil penalties established by such subsection. Any such action shall be brought in the district court of the United States for the district in which the defendant resides or receives mail. “(2) If the district court determines that a person has engaged, or is engaging, in conduct described by paragraph (1), (2), or (3) of subsection (a), the court shall determine the civil penalty, if any under this section, taking into account the nature, circumstances, extent, and gravity of the violation or violations of such subsection, and, with respect to the violator, the ability to pay the penalty, the effect of the penalty on the ability of the violator to conduct lawful business, any history of prior violations of such subsection, the degree of culpability, and such other matters as justice may require. “(c) All penalties collected under authority of this section shall be paid into the Treasury of the United States. “(d) In any proceeding at any time under this section, the Judicial review. defendant shall be entitled as a defense or counterclaim to seek judicial review, if not already had, pursuant to chapter 7 of 5 USC 701 et seq. title 5, of the order issued under section 3005 of this title. However, nothing in this section shall be construed to preclude independent judicial review otherwise available pursuant to chapter 7 of title 5 of an order issued under section 3005 of this title. “§ 3013. Semiannual reports on investigative activities of the Postal Service “The Postmaster General shall submit semiannual reports to the Board summarizing the investigative activities of the Postal Service. One semiannual report shall be submitted for the reporting period beginning on October 1 and ending on March 31, and the other semiannual report shall be submitted for the reporting period beginning on April 1 and ending on September 30. Each such report shall be submitted within sixty days after the close of the reporting period involved and shall include with respect to such reporting period— “(1) a summary of any proceedings instituted under section 3005 of this title, and the results of those and of any other such proceedings decided, settled, or otherwise concluded during such period; “(2) the number of cases in which the authority described in Ante, p. 1315. section 3005(e) of this title was used; “(3) the number of applications for temporary restraining orders or preliminary injunctions submitted under section 3007 of this title and, of those applications, the number granted; “(4) the total amount of expenditures and obligations incurred in carrying out the investigative activities of the Postal Service; and “(5) such other information relating to the investigative activities of the Postal Service as the Board may require. Upon approval of a report submitted under the first sentence of Transmittal to Congress. this section, the Board shall transmit such report to the Congress.”

2. 1999

   Deceptive Mail Prevention and Enforcement Act

   Pub. L. 106–168 § 106(1) · 113 Stat. 1806

   Substituted · 39 U.S.C. § 3012(a)

   Pub. L. 106–168, § 106(1), in concluding provisions, substituted “$50,000 for each mailing of less than 50,000 pieces; $100,000 for each mailing of 50,000 to 100,000 pieces; with an additional $10,000 for each additional 10,000 pieces above 100,000, not to exceed $2,000,000” for “$10,000 for each day that such person engages in conduct described by paragraph (1), (2), or (3) of this subsection”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–168, § 106(1), in concluding provisions, substituted “$50,000 for each mailing of less than 50,000 pieces; $100,000 for each mailing of 50,000 to 100,000 pieces; with an additional $10,000 for each additional 10,000 pieces above 100,000, not to exceed $2,000,000” for “$10,000 for each day that such person engages in conduct described by paragraph (1), (2), or (3) of this subsection”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “$10,000 for each day that such person engages in conduct described by paragraph (1), (2), or (3) of this subsection.” and inserting “$50,000 for each mailing of less than 50,000 pieces; $100,000 for each mailing of 50,000 to 100,000 pieces; with an additional $10,000 for each additional 10,000 pieces above 100,000, not to exceed $2,000,000.”;

   Effective date note
   Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.

3. 1999

   Deceptive Mail Prevention and Enforcement Act

   Pub. L. 106–168 § 106(2) · 113 Stat. 1806

   Inserted · 39 U.S.C. § 3012(b)(1); 39 U.S.C. § 3012(b)(2)

   Pub. L. 106–168, § 106(2), inserted “, (c), or (d)” after “of subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 106–168, § 106(2), inserted “, (c), or (d)” after “of subsection (a)”.

   Enacted provision · exact public law section
   (2) in paragraphs (1) and (2) of subsection (b) by inserting after “of subsection (a)” the following: “, (c), or (d)”;

   Effective date note
   Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.

4. 1999

   Deceptive Mail Prevention and Enforcement Act

   Pub. L. 106–168 § 106(3) · 113 Stat. 1806

   1. Added · 39 U.S.C. § 3012(c)(f)

      Pub. L. 106–168, § 106(3), (4), added subsecs. (c) and (d)

   2. Redesignated · 39 U.S.C. § 3012(c)(f)

      Pub. L. 106–168, § 106(3), (4), redesignated former subsecs. (c) and (d) as (e) and (f), respectively

   Source evidence

   Code amendment note
   Subsecs. (c) to (f). Pub. L. 106–168, § 106(3), (4), added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively.

   Enacted provision · exact public law section
   (3) by redesignating subsections (c) and (d), as subsections (e) and (f), respectively; and

   Effective date note
   Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.

5 of 5 references resolved to an enrolled provision