§ 3013. Semiannual reports on investigative activities of the Postal Service

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. § 3013

   Added Pub. L. 98–186, § 3(a), Nov. 30, 1983, 97 Stat. 1317

   Source evidence

   Code source credit
   Added Pub. L. 98–186, § 3(a), Nov. 30, 1983, 97 Stat. 1317

   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. 1995

   Federal Reports Elimination and Sunset Act of 1995

   Pub. L. 104–66 title II § 2211(b) · 109 Stat. 707

   Substituted · 39 U.S.C. § 3013

   Pub. L. 104–66 substituted at end “the information in such report shall be included in the next semiannual report required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.)” for “the Board shall transmit such report to the Congress”

   Source evidence

   Code amendment note
   Pub. L. 104–66 substituted at end “the information in such report shall be included in the next semiannual report required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.)” for “the Board shall transmit such report to the Congress”.

   Enacted provision · exact public law section
   (b) Report on Investigative Activities.— Section 3013 of title 39, United States Code, is amended in the last sentence by striking out “the Board shall transmit such report to the Congress” and inserting in lieu thereof “the information in such report shall be included in the next semiannual report required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.)”.

3. 1999

   Deceptive Mail Prevention and Enforcement Act

   Pub. L. 106–168 § 110(b)(1) · 113 Stat. 1806

   1. Substituted · 39 U.S.C. § 3013

      Pub. L. 106–168, § 110(b)(1), in introductory provisions, substituted “Inspector General” for “Board”

   2. Substituted · 39 U.S.C. § 3013

      Pub. L. 106–168, § 110(b)(1), in introductory provisions, substituted “1 month (or such shorter length of time as the Inspector General may specify)” for “sixty days”

   3. Substituted · 39 U.S.C. § 3013

      Pub. L. 106–168, § 110(b)(1), in introductory provisions, substituted concluding provisions for former concluding provisions which read as follows: “Upon approval of a report submitted under the first sentence of this section, the information in such report shall be included in the next semiannual report required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).”

   Source evidence

   Code amendment note
   Pub. L. 106–168, § 110(b)(1), in introductory provisions, substituted “Inspector General” for “Board” and “1 month (or such shorter length of time as the Inspector General may specify)” for “sixty days” and substituted concluding provisions for former concluding provisions which read as follows: “Upon approval of a report submitted under the first sentence of this section, the information in such report shall be included in the next semiannual report required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).”

   Enacted provision · exact public law section
   (1) In general.— Section 3013 of title 39, United States Code, is amended— (A) by striking “Board” each place it appears and inserting “Inspector General”; (B) in the third sentence by striking “Each such report shall be submitted within sixty days after the close of the reporting period involved” and inserting “Each such report shall be submitted within 1 month (or such shorter length of time as the Inspector General may specify) after the close of the reporting period involved”; and (C) by striking the last sentence and inserting the following: “The information in a report submitted under this section to the Inspector General with respect to a reporting period shall be included as part of the semiannual report prepared by the Inspector General under section 5 of the Inspector General Act of 1978 for the same reporting period. Nothing in this section shall be considered to permit or require that any report by the Postmaster General under this section include any information relating to activities of the Inspector General.”.

   Effective date note
   Amendment by section 107(c) of 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. Pub. L. 106–168, title I, § 110(b)(2), (3), Dec. 12, 1999, 113 Stat. 1817, provided that:

4. 1999

   Deceptive Mail Prevention and Enforcement Act

   Pub. L. 106–168 § 107(c) · 113 Stat. 1806

   Redesignated · 39 U.S.C. § 3013(5)

   Pub. L. 106–168, § 107(c), added par. (5). Former par. (5) redesignated (6)

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 106–168, § 107(c), added par. (5). Former par. (5) redesignated (6).

   Enacted provision · exact public law section
   (c) Semiannual Reports.— Section 3013 of title 39, United States Code, is amended by striking “and” at the end of paragraph(4), by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following: “(5) the number of cases in which the authority described in section 3016 was used, and a comprehensive statement describing how that authority was used in each of those cases; and”.

   Effective date note
   Amendment by section 107(c) of 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. Pub. L. 106–168, title I, § 110(b)(2), (3), Dec. 12, 1999, 113 Stat. 1817, provided that:

5. 1999

   Deceptive Mail Prevention and Enforcement Act

   Pub. L. 106–168 § 110(b)(1)(A) · 113 Stat. 1806

   Substituted · 39 U.S.C. § 3013(6)

   Pub. L. 106–168, § 110(b)(1)(A), substituted “Inspector General” for “Board”

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 106–168, § 110(b)(1)(A), substituted “Inspector General” for “Board”.

   Enacted provision · exact public law section
   (A) by striking “Board” each place it appears and inserting “Inspector General”;

   Effective date note
   Amendment by section 107(c) of 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. Pub. L. 106–168, title I, § 110(b)(2), (3), Dec. 12, 1999, 113 Stat. 1817, provided that:

6. 1999

   Deceptive Mail Prevention and Enforcement Act

   Pub. L. 106–168 § 107(c) · 113 Stat. 1806

   Redesignated · 39 U.S.C. § 3013(6)

   Pub. L. 106–168, § 107(c), redesignated par. (5) as (6)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–168, § 107(c), redesignated par. (5) as (6).

   Enacted provision · exact public law section
   (c) Semiannual Reports.— Section 3013 of title 39, United States Code, is amended by striking “and” at the end of paragraph(4), by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following: “(5) the number of cases in which the authority described in section 3016 was used, and a comprehensive statement describing how that authority was used in each of those cases; and”.

   Effective date note
   Amendment by section 107(c) of 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. Pub. L. 106–168, title I, § 110(b)(2), (3), Dec. 12, 1999, 113 Stat. 1817, provided that:

7. 2022

   Pub. L. 117–286 § 4(b)(69) · 136 Stat. 4196

   Substituted · 39 U.S.C. § 3013

   Pub. L. 117–286 substituted “section 405 of title 5” for “section 5 of the Inspector General Act of 1978” in concluding provisions

   Source evidence

   Code amendment note
   Pub. L. 117–286 substituted “section 405 of title 5” for “section 5 of the Inspector General Act of 1978” in concluding provisions.

   Enacted provision · exact public law section
   (69) Section 3013 (matter after paragraph (6)) of title 39, United States Code, is amended by striking “section 5 of the Inspector General Act of 1978” and inserting “section 405 of title 5”.

9 of 9 references resolved to an enrolled provision