US (United States) Code. Title 39. Chapter 30: Nonmailable matter

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Postal Service. Mail matter

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-CITE-

39 USC CHAPTER 30 - NONMAILABLE MATTER 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

CHAPTER 30 - NONMAILABLE MATTER

-MISC1-

Sec.

3001. Nonmailable matter.

3002. Nonmailable motor vehicle master keys.

3002a. Nonmailability of locksmithing devices.

3003. Mail bearing a fictitious name or address.

3004. Delivery of mail to persons not residents of the place

of address.

3005. False representations; lotteries.

[3006. Repealed.]

3007. Detention of mail for temporary periods.

3008. Prohibition of pandering advertisements.

3009. Mailing of unordered merchandise.

3010. Mailing of sexually oriented advertisements.

3011. Judicial enforcement.

3012. Civil penalties.

3013. Semiannual reports on investigative activities of the

Postal Service.

3014. Nonmailable plants.

3015. Nonmailable plant pests and injurious animals.

3016. Administrative subpoenas.

3017. Nonmailable skill contests or sweepstakes matter;

notification to prohibit mailings.

AMENDMENTS

1999 - Pub. L. 106-168, title I, Secs. 105(b)(1), 107(d), 108(b),

Dec. 12, 1999, 113 Stat. 1811, 1814, 1816, repealed item 3006

"Unlawful matter" and added items 3016 and 3017.

1992 - Pub. L. 102-393, title VI, Sec. 631(d)(2), Oct. 6, 1992,

106 Stat. 1776, added item 3015.

1988 - Pub. L. 100-690, title VII, Sec. 7090(b), Nov. 18, 1988,

102 Stat. 4410, added item 3002a.

Pub. L. 100-574, Sec. 1(a)(2), Oct. 31, 1988, 102 Stat. 2893,

added item 3014.

1983 - Pub. L. 98-186, Sec. 3(c), Nov. 30, 1983, 97 Stat. 1317,

added items 3012 and 3013.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3684 of this title.

-End-

-CITE-

39 USC Sec. 3001 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3001. Nonmailable matter

-STATUTE-

(a) Matter the deposit of which in the mails is punishable under

section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738

(!1) of title 18, or section 26 of the Animal Welfare Act is

nonmailable.

(b) Except as provided in subsection (c) of this section,

nonmailable matter which reaches the office of delivery, or which

may be seized or detained for violation of law, shall be disposed

of as the Postal Service shall direct.

(c)(1) Matter which -

(A) exceeds the size and weight limits prescribed for the

particular class of mail; or

(B) is of a character perishable within the period required for

transportation and delivery;

is nonmailable.

(2) Matter made nonmailable by this subsection which reaches the

office of destination may be delivered in accordance with its

address, if the party addressed furnishes the name and address of

the sender.

(d) Matter otherwise legally acceptable in the mails which -

(1) is in the form of, and reasonably could be interpreted or

construed as, a bill, invoice, or statement of account due; but

(2) constitutes, in fact, a solicitation for the order by the

addressee of goods or services, or both;

is nonmailable matter, shall not be carried or delivered by mail,

and shall be disposed of as the Postal Service directs, unless such

matter bears on its face, in conspicuous and legible type in

contrast by typography, layout, or color with other printing on its

face, in accordance with regulations which the Postal Service shall

prescribe -

(A) the following notice: "This is a solicitation for the order

of goods or services, or both, and not a bill, invoice, or

statement of account due. You are under no obligation to make any

payments on account of this offer unless you accept this offer.";

or

(B) in lieu thereof, a notice to the same effect in words which

the Postal Service may prescribe.

(e)(1) Any matter which is unsolicited by the addressee and which

is designed, adapted, or intended for preventing conception (except

unsolicited samples thereof mailed to a manufacturer thereof, a

dealer therein, a licensed physician or surgeon, or a nurse,

pharmacist, druggist, hospital, or clinic) is nonmailable matter,

shall not be carried or delivered by mail, and shall be disposed of

as the Postal Service directs.

(2) Any unsolicited advertisement of matter which is designed,

adapted, or intended for preventing conception is nonmailable

matter, shall not be carried or delivered by mail, and shall be

disposed of as the Postal Service directs unless the advertisement

-

(A) is mailed to a manufacturer of such matter, a dealer

therein, a licensed physician or surgeon, or a nurse, pharmacist,

druggist, hospital, or clinic; or

(B) accompanies in the same parcel any unsolicited sample

excepted by paragraph (1) of this subsection.

An advertisement shall not be deemed to be unsolicited for the

purposes of this paragraph if it is contained in a publication for

which the addressee has paid or promised to pay a consideration or

which he has otherwise indicated he desires to receive.

(f) Any matter which is unsolicited by the addressee, which

contains a "household substance" (as defined by section 2 of the

Poison Prevention Packaging Act of 1970), and which does not comply

with the requirements for special child-resistant packaging

established for that substance by the Consumer Product Safety

Commission, is nonmailable matter, shall not be carried or

delivered by mail, and shall be disposed of as the Postal Service

directs.

(g)(1) Matter otherwise legally acceptable in the mails which

contains or includes a fragrance advertising sample is nonmailable

matter, shall not be carried or delivered by mail, and shall be

disposed of as the Postal Service directs, unless the sample is

sealed, wrapped, treated, or otherwise prepared in a manner

reasonably designed to prevent individuals from being unknowingly

or involuntarily exposed to the sample.

(2) The Postal Service shall by regulation establish the

standards or requirements which a fragrance advertising sample must

satisfy in order for the mail matter involved not to be considered

nonmailable under this subsection.

(h) Matter otherwise legally acceptable in the mails which

constitutes a solicitation by a nongovernmental entity for the

purchase of or payment for a product or service; and which

reasonably could be interpreted or construed as implying any

Federal Government connection, approval, or endorsement through the

use of a seal, insignia, reference to the Postmaster General,

citation to a Federal statute, name of a Federal agency,

department, commission, or program, trade or brand name, or any

other term or symbol; or contains any reference to the Postmaster

General or a citation to a Federal statute that misrepresents

either the identity of the mailer or the protection or status

afforded such matter by the Federal Government is nonmailable

matter and shall not be carried or delivered by mail, and shall be

disposed of as the Postal Service directs, unless -

(1) such nongovernmental entity has such expressed connection,

approval or endorsement;

(2)(A) such matter bears on its face, in conspicuous and

legible type in contrast by typography, layout, or color with

other printing on its face, in accordance with regulations which

the Postal Service shall prescribe, the following notice: "THIS

PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY THE

FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY

OF THE FEDERAL GOVERNMENT.", or a notice to the same effect in

words which the Postal Service may prescribe;

(B) the envelope or outside cover or wrapper in which such

matter is mailed bears on its face in capital letters and in

conspicuous and legible type, in accordance with regulations

which the Postal Service shall prescribe, the following notice:

"THIS IS NOT A GOVERNMENT DOCUMENT.", or a notice to the same

effect in words which the Postal Service may prescribe; and

(C) such matter does not contain a false representation stating

or implying that Federal Government benefits or services will be

affected by any purchase or nonpurchase; or

(3) such matter is contained in a publication for which the

addressee has paid or promised to pay a consideration or which he

has otherwise indicated he desires to receive, except that this

paragraph shall not apply if the solicitation is on behalf of the

publisher of the publication.

(i) Matter otherwise legally acceptable in the mails which

constitutes a solicitation by a nongovernmental entity for

information or the contribution of funds or membership fees and

which reasonably could be interpreted or construed as implying any

Federal Government connection, approval, or endorsement through the

use of a seal, insignia, reference to the Postmaster General,

citation to a Federal statute, name of a Federal agency,

department, commission, or program, trade or brand name, or any

other term or symbol; or contains any reference to the Postmaster

General or a citation to a Federal statute that misrepresents

either the identity of the mailer or the protection or status

afforded such matter by the Federal Government is nonmailable

matter and shall not be carried or delivered by mail, and shall be

disposed of as the Postal Service directs, unless -

(1) such nongovernmental entity has such expressed connection,

approval or endorsement;

(2)(A) such matter bears on its face, in conspicuous and

legible type in contrast by typography, layout, or color with

other printing on its face, in accordance with regulations which

the Postal Service shall prescribe, the following notice: "THIS

ORGANIZATION HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL

GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE

FEDERAL GOVERNMENT.", or a notice to the same effect in words

which the Postal Service may prescribe;

(B) the envelope or outside cover or wrapper in which such

matter is mailed bears on its face in capital letters and in

conspicuous and legible type, in accordance with regulations

which the Postal Service shall prescribe, the following notice:

"THIS IS NOT A GOVERNMENT DOCUMENT.", or a notice to the same

effect in words which the Postal Service may prescribe; and

(C) such matter does not contain a false representation stating

or implying that Federal Government benefits or services will be

affected by any contribution or noncontribution; or

(3) such matter is contained in a publication for which the

addressee has paid or promised to pay a consideration or which he

has otherwise indicated he desires to receive, except that this

paragraph shall not apply if the solicitation is on behalf of the

publisher of the publication.

(j)(1) Any matter otherwise legally acceptable in the mails which

is described in paragraph (2) is nonmailable matter, shall not be

carried or delivered by mail, and shall be disposed of as the

Postal Service directs.

(2) Matter described in this paragraph is any matter that -

(A) constitutes a solicitation for the purchase of or payment

for any product or service that -

(i) is provided by the Federal Government; and

(ii) may be obtained without cost from the Federal

Government; and

(B) does not contain a clear and conspicuous statement giving

notice of the information set forth in clauses (i) and (ii) of

subparagraph (A).

(k)(1) In this subsection -

(A) the term "clearly and conspicuously displayed" means

presented in a manner that is readily noticeable, readable, and

understandable to the group to whom the applicable matter is

disseminated;

(B) the term "facsimile check" means any matter that -

(i) is designed to resemble a check or other negotiable

instrument; but

(ii) is not negotiable;

(C) the term "skill contest" means a puzzle, game, competition,

or other contest in which -

(i) a prize is awarded or offered;

(ii) the outcome depends predominately on the skill of the

contestant; and

(iii) a purchase, payment, or donation is required or implied

to be required to enter the contest; and

(D) the term "sweepstakes" means a game of chance for which no

consideration is required to enter.

(2) Except as provided in paragraph (4), any matter otherwise

legally acceptable in the mails which is described in paragraph (3)

is nonmailable matter, shall not be carried or delivered by mail,

and shall be disposed of as the Postal Service directs.

(3) Matter described in this paragraph is any matter that -

(A)(i) includes entry materials for a sweepstakes or a

promotion that purports to be a sweepstakes; and

(ii)(I) does not contain a statement that discloses in the

mailing, in the rules, and on the order or entry form, that no

purchase is necessary to enter such sweepstakes;

(II) does not contain a statement that discloses in the

mailing, in the rules, and on the order or entry form, that a

purchase will not improve an individual's chances of winning with

such entry;

(III) does not state all terms and conditions of the

sweepstakes promotion, including the rules and entry procedures

for the sweepstakes;

(IV) does not disclose the sponsor or mailer of such matter and

the principal place of business or an address at which the

sponsor or mailer may be contacted;

(V) does not contain sweepstakes rules that state -

(aa) the estimated odds of winning each prize;

(bb) the quantity, estimated retail value, and nature of each

prize; and

(cc) the schedule of any payments made over time;

(VI) represents that individuals not purchasing products or

services may be disqualified from receiving future sweepstakes

mailings;

(VII) requires that a sweepstakes entry be accompanied by an

order or payment for a product or service previously ordered;

(VIII) represents that an individual is a winner of a prize

unless that individual has won such prize; or

(IX) contains a representation that contradicts, or is

inconsistent with sweepstakes rules or any other disclosure

required to be made under this subsection, including any

statement qualifying, limiting, or explaining the rules or

disclosures in a manner inconsistent with such rules or

disclosures;

(B)(i) includes entry materials for a skill contest or a

promotion that purports to be a skill contest; and

(ii)(I) does not state all terms and conditions of the skill

contest, including the rules and entry procedures for the skill

contest;

(II) does not disclose the sponsor or mailer of the skill

contest and the principal place of business or an address at

which the sponsor or mailer may be contacted; or

(III) does not contain skill contest rules that state, as

applicable -

(aa) the number of rounds or levels of the contest and the

cost to enter each round or level;

(bb) that subsequent rounds or levels will be more difficult

to solve;

(cc) the maximum cost to enter all rounds or levels;

(dd) the estimated number or percentage of entrants who may

correctly solve the skill contest or the approximate number or

percentage of entrants correctly solving the past 3 skill

contests conducted by the sponsor;

(ee) the identity or description of the qualifications of the

judges if the contest is judged by other than the sponsor;

(ff) the method used in judging;

(gg) the date by which the winner or winners will be

determined and the date or process by which prizes will be

awarded;

(hh) the quantity, estimated retail value, and nature of each

prize; and

(ii) the schedule of any payments made over time; or

(C) includes any facsimile check that does not contain a

statement on the check itself that such check is not a negotiable

instrument and has no cash value.

(4) Matter that appears in a magazine, newspaper, or other

periodical shall be exempt from paragraph (2) if such matter -

(A) is not directed to a named individual; or

(B) does not include an opportunity to make a payment or order

a product or service.

(5) Any statement, notice, or disclaimer required under paragraph

(3) shall be clearly and conspicuously displayed. Any statement,

notice, or disclaimer required under subclause (I) or (II) of

paragraph (3)(A)(ii) shall be displayed more conspicuously than

would otherwise be required under the preceding sentence.

(6) In the enforcement of paragraph (3), the Postal Service shall

consider all of the materials included in the mailing and the

material and language on and visible through the envelope or

outside cover or wrapper in which those materials are mailed.

(l)(1) Any person who uses the mails for any matter to which

subsection (h), (i), (j), or (k) applies shall adopt reasonable

practices and procedures to prevent the mailing of such matter to

any person who, personally or through a conservator, guardian, or

individual with power of attorney -

(A) submits to the mailer of such matter a written request that

such matter should not be mailed to such person; or

(B)(i) submits such a written request to the attorney general

of the appropriate State (or any State government officer who

transmits the request to that attorney general); and

(ii) that attorney general transmits such request to the

mailer.

(2) Any person who mails matter to which subsection (h), (i),

(j), or (k) applies shall maintain or cause to be maintained a

record of all requests made under paragraph (1). The records shall

be maintained in a form to permit the suppression of an applicable

name at the applicable address for a 5-year period beginning on the

date the written request under paragraph (1) is submitted to the

mailer.

(m) Except as otherwise provided by law, proceedings concerning

the mailability of matter under this chapter and chapters 71 and 83

of title 18 shall be conducted in accordance with chapters 5 and 7

of title 5.

(n) The district courts, together with the District Court of the

Virgin Islands and the District Court of Guam, shall have

jurisdiction, upon cause shown, to enjoin violations of section

1716 of title 18.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 745; Pub. L. 91-662, Sec.

6(1), Jan. 8, 1971, 84 Stat. 1974; Pub. L. 92-191, Sec. 2, Dec. 15,

1971, 85 Stat. 647; Pub. L. 89-544, Sec. 26(h)(2), as added Pub. L.

94-279, Sec. 17, Apr. 22, 1976, 90 Stat. 423; Pub. L. 97-398, Sec.

5, Dec. 31, 1982, 96 Stat. 2011; Pub. L. 101-493, Sec. 2, Oct. 31,

1990, 104 Stat. 1184; Pub. L. 101-524, Sec. 2(a), Nov. 6, 1990, 104

Stat. 2301; Pub. L. 102-71, Sec. 2(1), July 10, 1991, 105 Stat.

330; Pub. L. 106-168, title I, Secs. 102, 103, 110(a), Dec. 12,

1999, 113 Stat. 1806, 1808, 1817.)

-REFTEXT-

REFERENCES IN TEXT

Section 1738 of title 18, referred to in subsec. (a), was

repealed by Pub. L. 106-578, Sec. 4, Dec. 28, 2000, 114 Stat. 3076.

Section 26 of the Animal Welfare Act, referred to in subsec. (a),

is section 26(a)-(h)(1) of Pub. L. 89-544 as added by Pub. L.

94-279, Sec. 17, Apr. 22, 1976, 90 Stat. 421, which is classified

to section 2156 of Title 7, Agriculture.

Section 2 of the Poison Prevention Packaging Act of 1970,

referred to in subsec. (f), is classified to section 1471 of Title

15, Commerce and Trade.

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-168, Sec. 110(a), struck out

"1714," after "1463," and "1718," after "1717,".

Subsec. (h). Pub. L. 106-168, Sec. 102(1)(A), in introductory

provisions, substituted "which reasonably could be interpreted or

construed as implying any Federal Government connection, approval,

or endorsement through the use of a seal, insignia, reference to

the Postmaster General, citation to a Federal statute, name of a

Federal agency, department, commission, or program, trade or brand

name, or any other term or symbol; or contains any reference to the

Postmaster General or a citation to a Federal statute that

misrepresents either the identity of the mailer or the protection

or status afforded such matter by the Federal Government" for

"contains a seal, insignia, trade or brand name, or any other term

or symbol that reasonably could be interpreted or construed as

implying any Federal Government connection, approval or

endorsement".

Subsec. (h)(2)(C). Pub. L. 106-168, Sec. 102(1)(B), added subpar.

(C).

Subsec. (i). Pub. L. 106-168, Sec. 102(2)(A), in introductory

provisions, substituted "which reasonably could be interpreted or

construed as implying any Federal Government connection, approval,

or endorsement through the use of a seal, insignia, reference to

the Postmaster General, citation to a Federal statute, name of a

Federal agency, department, commission, or program, trade or brand

name, or any other term or symbol; or contains any reference to the

Postmaster General or a citation to a Federal statute that

misrepresents either the identity of the mailer or the protection

or status afforded such matter by the Federal Government" for

"contains a seal, insignia, trade or brand name, or any other term

or symbol that reasonably could be interpreted or construed as

implying any Federal Government connection, approval or

endorsement".

Subsec. (i)(2)(C). Pub. L. 106-168, Sec. 102(2)(B), added subpar.

(C).

Subsec. (j). Pub. L. 106-168, Sec. 102(3), (4), added subsec.

(j). Former subsec. (j) redesignated (m).

Subsec. (k). Pub. L. 106-168, Secs. 102(3), 103, added subsec.

(k). Former subsec. (k) redesignated (n).

Subsec. (l). Pub. L. 106-168, Sec. 103, added subsec. (l).

Subsecs. (m), (n). Pub. L. 106-168, Sec. 102(3), redesignated

subsecs. (j) and (k) as (m) and (n), respectively.

1991 - Subsecs. (i) to (k). Pub. L. 102-71 redesignated subsec.

(i), relating to conduct of proceedings concerning mailability of

certain matter, as (j), and former subsec. (j), relating to

jurisdiction of district courts, as (k).

1990 - Subsec. (f). Pub. L. 101-524 added subsec. (f). Former

subsec. (f) redesignated (i).

Pub. L. 101-493 added subsec. (f). Former subsec. (f), as added

by Pub. L. 101-524, redesignated (h).

Subsec. (g). Pub. L. 101-524 added subsec. (g). Former subsec.

(g) redesignated (j).

Pub. L. 101-493 added subsec. (g). Former subsec. (g), as added

by Pub. L. 101-524, redesignated (i).

Subsec. (h). Pub. L. 101-493 redesignated subsec. (f), as added

by Pub. L. 101-524, as (h).

Subsec. (i). Pub. L. 101-524 redesignated subsec. (f) as (i).

Pub. L. 101-493 redesignated subsec. (g), as added by Pub. L.

101-524, as (i).

Subsec. (j). Pub. L. 101-524 redesignated subsec. (g) as (j).

1982 - Subsec. (a). Pub. L. 97-398 substituted ", 1718, or 1738"

for "or 1718".

1976 - Subsec. (a). Pub. L. 94-279 inserted ", or section 26 of

the Animal Welfare Act" after "title 18".

1971 - Subsecs. (e), (f). Pub. L. 91-662, Sec. 6(1)(A), (B),

added subsec. (e) and redesignated former subsec. (e) as (f).

Section 5(a) of Pub. L. 91-662 inserted a similar provision to

section 4001 of former Title 39, The Postal Service, pending the

effective date of this section. Said amendment to section 4001 has

not been executed in view of the passage of Title 39, Postal

Service, as enacted by the Postal Reorganization Act.

Subsec. (g). Pub. L. 92-191 added subsec. (g).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-168, title I, Sec. 111, Dec. 12, 1999, 113 Stat.

1817, provided that: "Except as provided in section 108 or 110(b)

[enacting section 3017 of this title, amending section 3013 of this

title, and enacting provisions set out as notes under sections 3013

and 3017 of this title], this title [see Short Title of 1999

Amendment note below] shall take effect 120 days after the date of

the enactment of this Act [Dec. 12, 1999]."

EFFECTIVE DATE OF 1990 AMENDMENTS

Section 6 of Pub. L. 101-524 provided that: "The provisions of

this Act [enacting section 413 of this title, amending this section

and section 3005 of this title, and enacting provisions set out as

notes below] shall take effect on the date of the enactment of this

Act [Nov. 6, 1990], except the amendments made by section 2

[amending this section and section 3005 of this title] shall apply

to matter deposited for mailing and delivery on or after 180 days

after the date of the enactment of this Act."

Section 3 of Pub. L. 101-493 provided that: "The amendments made

by this Act [amending this section] shall take effect 180 days

after the date of enactment of this Act [Oct. 31, 1990], and shall

apply with respect to any matter mailed on or after that effective

date."

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-191 effective at beginning of third

calendar month following Dec. 15, 1971, or on the date that this

section becomes effective pursuant to section 15(a) of Pub. L.

91-375, which is set out as and Effective Date note preceding

section 101 of this title, whichever is later, see section 3 of

Pub. L. 92-191, set out as a note under section 1716 of Title 18,

Crimes and Criminal Procedure.

Section 6 of Pub. L. 91-662 provided that the amendment made by

that section is effective on the date that the Board of Governors

of the United States Postal Service establishes as the effective

date for section 3001 of title 39 of the United States Code, as

enacted by the Postal Reorganization Act.

EFFECTIVE DATE

Chapter effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-168, title I, Sec. 101, Dec. 12, 1999, 113 Stat.

1806, provided that: "This title [enacting sections 3016 and 3017

of this title, amending this section and sections 3005, 3007, 3011,

3012, and 3013 of this title, repealing section 3006 of this title,

and enacting provisions set out as notes under this section and

sections 3013, 3016, and 3017 of this title] may be cited as the

'Deceptive Mail Prevention and Enforcement Act'."

SHORT TITLE OF 1990 AMENDMENTS

Section 1 of Pub. L. 101-524 provided that: "This Act [enacting

section 413 of this title, amending this section and section 3005

of this title, and enacting provisions set out as notes under this

section] may be cited as the 'Deceptive Mailings Prevention Act of

1990'."

Section 1 of Pub. L. 101-493 provided that: "This Act [amending

this section and enacting provisions set out above] may be cited as

the 'Drug and Household Substance Mailing Act of 1990'."

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 98-186, Sec. 1, Nov. 30, 1983, 97 Stat. 1315, provided:

"That this Act [enacting sections 3012 and 3013 of this title,

amending section 3005 of this title, and enacting provisions set

out as notes under sections 3005 and 3012 of this title] may be

cited as the 'Mail Order Consumer Protection Amendments of 1983'."

STATE LAW NOT PREEMPTED

Pub. L. 106-168, title I, Sec. 109, Dec. 12, 1999, 113 Stat.

1816, provided that:

"(a) In General. - Nothing in the provisions of this title [see

Short Title of 1999 Amendment note above] (including the amendments

made by this title) or in the regulations promulgated under such

provisions shall be construed to preempt any provision of State or

local law that imposes more restrictive requirements, regulations,

damages, costs, or penalties. No determination by the Postal

Service that any particular piece of mail or class of mail is in

compliance with such provisions of this title shall be construed to

preempt any provision of State or local law.

"(b) Effect on State Court Proceedings. - Nothing contained in

this section shall be construed to prohibit an authorized State

official from proceeding in State court on the basis of an alleged

violation of any general civil or criminal statute of such State or

any specific civil or criminal statute of such State."

COORDINATION OF FUNCTIONS WITH DEPARTMENT OF HEALTH AND HUMAN

SERVICES

Section 4 of Pub. L. 101-524 provided that: "The United States

Postal Service shall consult and coordinate the functions and

administration of the provisions of this Act and the amendments

made by this Act [see Short Title of 1990 Amendments note above]

with the Secretary of the Department of Health and Human Services

and the functions of the Secretary in the administration of section

428 of the Medicare Catastrophic Coverage Act of 1988 (42 U.S.C.

1320b-10) [Pub. L. 100-360, which enacted section 1320b-10 of Title

42, The Public Health and Welfare, amended section 1395ss of Title

42, and enacted provisions set out as a note under section 1320b-10

of Title 42]."

NOTICE WITH RESPECT TO OBSCENE MATTER DISTRIBUTED BY MAIL AND

DETENTION THEREOF

Pub. L. 87-793, Sec. 307, Oct. 11, 1962, 76 Stat. 841, provided

that: "In order to alert the recipients of mail and the general

public to the fact that large quantities of obscene, lewd,

lascivious, and indecent matter are being introduced into this

country from abroad and disseminated in the United States by means

of the United States mails, the Postmaster General shall publicize

such fact (1) by appropriate notices posted in post offices, and

(2) by notifying recipients of mail, whenever he deems it

appropriate in order to carry out the purposes of this section,

that the United States mails may contain such obscene, lewd,

lascivious, or indecent matter. Any person may file a written

request with his local post office to detain obscene, lewd,

lascivious, or indecent matter addressed to him, and the Postmaster

General shall detain and dispose of such matter for such period as

the request is in effect. The Postmaster General shall permit the

return of mail containing obscene, lewd, lascivious, or indecent

matter, to local post offices, without cost to the recipient

thereof. Nothing in this section shall be deemed to authorize the

Postmaster General to open, inspect, or censor any mail except on

specific request by the addressee thereof. The Postmaster General

is authorized to prescribe such regulations as he may deem

appropriate to carry out the purposes of this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3005, 3012, 3017 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

39 USC Sec. 3002 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3002. Nonmailable motor vehicle master keys

-STATUTE-

(a) Except as provided in subsection (b) of this section, any

motor vehicle master key, any pattern, impression, or mold from

which a motor vehicle master key may be made, or any advertisement

for the sale of any such key, pattern, impression, or mold, is

nonmailable matter and shall not be carried or delivered by mail.

(b) The Postal Service is authorized to make such exemptions from

the provisions of subsection (a) of this section as it deems

necessary.

(c) For the purposes of this section, "motor vehicle master key"

means any key (other than the key furnished by the manufacturer

with the motor vehicle, or the key furnished with a replacement

lock, or any exact duplicate of such keys) designed to operate 2 or

more motor vehicle ignition, door, or trunk locks of different

combinations.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 746.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1716A.

-End-

-CITE-

39 USC Sec. 3002a 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3002a. Nonmailability of locksmithing devices

-STATUTE-

(a) Any locksmithing device is nonmailable mail, shall not be

carried or delivered by mail, and shall be disposed of as the

Postal Service directs, unless such device is mailed to -

(1) a lock manufacturer or distributor;

(2) a bona fide locksmith;

(3) a bona fide repossessor; or

(4) a motor vehicle manufacturer or dealer.

(b) For the purpose of this section, "locksmithing device" means

-

(1) a device or tool (other than a key) designed to manipulate

the tumblers in a lock into the unlocked position through the

keyway of such lock;

(2) a device or tool (other than a key or a device or tool

under paragraph (1)) designed for the unauthorized opening or

bypassing of a lock or similar security device; and

(3) a device or tool designed for making an impression of a key

or similar security device to duplicate such key or device.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7090(a), Nov. 18, 1988, 102

Stat. 4409.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1716A.

-End-

-CITE-

39 USC Sec. 3003 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3003. Mail bearing a fictitious name or address

-STATUTE-

(a) Upon evidence satisfactory to the Postal Service that any

person is using a fictitious, false, or assumed name, title, or

address in conducting, promoting, or carrying on or assisting

therein, by means of the postal services of the United States, an

activity in violation of sections 1302, 1341, and 1342 of title 18,

it may -

(1) withhold mail so addressed from delivery; and

(2) require the party claiming the mail to furnish proof to it

of the claimant's identity and right to receive the mail.

(b) The Postal Service may issue an order directing that mail,

covered by subsection (a) of this section, be forwarded to a dead

letter office as fictitious matter, or be returned to the sender

when -

(1) the party claiming the mail fails to furnish proof of his

identity and right to receive the mail; or

(2) the Postal Service determines that the mail is addressed to

a fictitious, false, or assumed name, title, or address.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 746.)

-End-

-CITE-

39 USC Sec. 3004 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3004. Delivery of mail to persons not residents of the place

of address

-STATUTE-

Whenever the Postal Service determines that letters or parcels

sent in the mail are addressed to places not the residence or

regular business address of the person for whom they are intended,

to enable the person to escape identification, the Postal Service

may deliver the mail only upon identification of the person so

addressed.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 747.)

-End-

-CITE-

39 USC Sec. 3005 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3005. False representations; lotteries

-STATUTE-

(a) Upon evidence satisfactory to the Postal Service that any

person is engaged in conducting a scheme or device for obtaining

money or property through the mail by means of false

representations, including the mailing of matter which is

nonmailable under (!1) 3001(d), (h), (i), (j), or (k) of this

title, or is engaged in conducting a lottery, gift enterprise, or

scheme for the distribution of money or of real or personal

property, by lottery, chance, or drawing of any kind, the Postal

Service may issue an order which -

(1) directs the postmaster of the post office at which mail

arrives, addressed to such a person or to his representative, to

return such mail to the sender appropriately marked as in

violation of this section, if the person, or his representative,

is first notified and given reasonable opportunity to be present

at the receiving post office to survey the mail before the

postmaster returns the mail to the sender;

(2) forbids the payment by a postmaster to the person or his

representative of any money order or postal note drawn to the

order of either and provides for the return to the remitter of

the sum named in the money order or postal note; and

(3) requires the person or his representative to cease and

desist from engaging in any such scheme, device, lottery, or gift

enterprise.

For purposes of the preceding sentence, the mailing of matter which

is nonmailable under such (!1) 3001(d), (h), (i), (j), or (k) by

any person shall constitute prima facie evidence that such person

is engaged in conducting a scheme or device for obtaining money or

property through the mail by false representations.

(b) The public advertisement by a person engaged in activities

covered by subsection (a) of this section, that remittances may be

made by mail to a person named in the advertisement, is prima facie

evidence that the latter is the agent or representative of the

advertiser for the receipt of remittances on behalf of the

advertiser. The Postal Service may ascertain the existence of the

agency in any other legal way satisfactory to it.

(c) As used in this section, the term "representative" includes

an agent or representative acting as an individual or as a firm,

bank, corporation, or association of any kind.

(d) Nothing in this section shall prohibit the mailing of (1)

publications containing advertisements, lists of prizes, or

information concerning a lottery, which are exempt, pursuant to

section 1307 of title 18 of the United States Code, from the

provisions of sections 1301, 1302, 1303, and 1304 of title 18 of

the United States Code, (2) tickets or other materials concerning

such a lottery within that State to addresses within that State, or

(3) an advertisement promoting the sale of a book or other

publication, or a solicitation to purchase, or a purchase order for

any such publication, if (A) such advertisement, solicitation, or

purchase order is not materially false or misleading in its

description of the publication; (B) such advertisement,

solicitation, or purchase order contains no material

misrepresentation of fact: Provided, however, That no statement

quoted or derived from the publication shall constitute a

misrepresentation of fact as long as such statement complies with

the requirements of subparagraphs (A) and (C); and (C) the

advertisement, solicitation, or purchase order accurately discloses

the source of any statements quoted or derived from the

publication. Paragraph (3) shall not be applicable to any

publication, advertisement, solicitation, or purchase order which

is used to sell some other product in which the publisher or author

has a financial interest as part of a commercial scheme. For the

purposes of this subsection, "State" means a State of the United

States, the District of Columbia, the Commonwealth of Puerto Rico,

and any territory or possession of the United States.

(e)(1) In conducting an investigation to determine if a person is

engaged in any of the activities covered by subsection (a) of this

section, the Postmaster General (or any duly authorized agent of

the Postmaster General) may tender, at any reasonable time and by

any reasonable means, the price advertised or otherwise requested

for any article or service that such person has offered to provide

through the mails.

(2) A failure to provide the article or service offered after the

Postmaster General or his agent has tendered the price advertised

or otherwise requested in the manner described in paragraph (1) of

this subsection, and any reasons for such failure, may be

considered in a proceeding held under section 3007 of this title to

determine if there is probable cause to believe that a violation of

this section has occurred.

(3) The Postmaster General shall prescribe regulations under

which any individual seeking to make a purchase on behalf of the

Postal Service under this subsection from any person shall -

(A) identify himself as an employee or authorized agent of the

Postal Service, as the case may be;

(B) state the nature of the conduct under investigation; and

(C) inform such person that the failure to complete the

transaction may be considered in a proceeding under section 3007

of this title to determine probable cause, in accordance with

paragraph (2) of this subsection.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 93-583, Sec.

4, Jan. 2, 1975, 88 Stat. 1916; Pub. L. 94-525, Sec. 2, Oct. 17,

1976, 90 Stat. 2478; Pub. L. 95-360, Sept. 9, 1978, 92 Stat. 594;

Pub. L. 98-186, Sec. 2, Nov. 30, 1983, 97 Stat. 1315; Pub. L.

100-625, Sec. 2(c), Nov. 7, 1988, 102 Stat. 3205; Pub. L. 101-524,

Sec. 2(b), Nov. 6, 1990, 104 Stat. 2302; Pub. L. 102-71, Sec. 2(2),

July 10, 1991, 105 Stat. 330; Pub. L. 106-168, title I, Secs. 104,

105(b)(2)(A), Dec. 12, 1999, 113 Stat. 1810, 1811.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-168, Sec. 104, in two places,

struck out "or" after "(h)," and inserted ", (j), or (k)" after

"(i)".

Subsec. (c). Pub. L. 106-168, Sec. 105(b)(2)(A), substituted

"section," for "section and section 3006 of this title,".

1991 - Subsec. (a). Pub. L. 102-71 substituted "3001(d), (h), or

(i)" for "section 3001(d), (f), or (g)" in two places.

1990 - Subsec. (a). Pub. L. 101-524 substituted "section 3001(d),

(f), or (g)" for "section 3001(d)" in two places.

1988 - Subsec. (d)(1). Pub. L. 100-625 amended cl. (1) generally.

Prior to amendment, cl. (1) read as follows: "a newspaper of

general circulation containing advertisements, lists of prizes, or

information concerning a lottery conducted by a State acting under

authority of State law, published in that State, or in an adjacent

State which conducts such a lottery,".

1983 - Subsec. (a)(3). Pub. L. 98-186, Sec. 2(a), added par. (3).

Subsec. (d). Pub. L. 98-186, Sec. 2(b), struck out "or" before

"(2)", inserted "or" before "(3)", and inserted cl. (3) and

provision relating to applicability of cl. (3).

Subsec. (e). Pub. L. 98-186, Sec. 2(c), added subsec. (e).

1978 - Subsec. (a). Pub. L. 95-360 inserted provisions relating

to nonmailable matter under section 3001(d) of this title.

1976 - Subsec. (d). Pub. L. 94-525 substituted "a newspaper of

general circulation containing advertisements, lists of prizes, or

information concerning a lottery conducted by a State acting under

authority of State law, published in that State, or in an adjacent

State which conducts such a lottery," for "a newspaper of general

circulation published in a State containing advertisements, lists

of prizes, or information concerning a lottery conducted by that

State acting under authority of State law,".

1975 - Subsec. (d). Pub. L. 93-583 added subsec. (d).

EFFECTIVE DATE OF 1999 AMENDMENT

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.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-524 effective Nov. 6, 1990, and

applicable to matter deposited for mailing and delivery on or after

180 days after Nov. 6, 1990, see section 6 of Pub. L. 101-524, set

out as a note under section 3001 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-625 effective 18 months after Nov. 7,

1988, see section 5 of Pub. L. 100-625, set out as a note under

section 1304 of Title 18, Crimes and Criminal Procedure.

CONSUMER EDUCATION PROGRAM ON SCHEMES INVOLVING FALSE

REPRESENTATIONS

Section 4 of Pub. L. 98-186, as amended by Pub. L. 104-66, title

II, Sec. 2211(a), Dec. 21, 1995, 109 Stat. 732, provided that:

"(a) As soon as practicable after the date of enactment of this

Act [Nov. 30, 1983], the Postmaster General or his designee,

following consultation with representatives of the mail order

industry, shall develop and carry out a program designed to provide

consumer education to the public on schemes involving false

representations through use of the mails, including the

dissemination of information on recognizing practices commonly

associated with such schemes, as well as appropriate measures which

an individual may take upon receiving mail matter which the

individual believes may be part of such a scheme.

"(b) A summary of the activities carried out under subsection (a)

shall be included in the first semiannual report submitted each

year as required under section 5 of the Inspector General Act of

1978 (5 U.S.C. App.)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3007, 3012, 3013, 3016 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "section".

-End-

-CITE-

39 USC Sec. 3006 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

[Sec. 3006. Repealed. Pub. L. 106-168, title I, Sec. 105(b)(1),

Dec. 12, 1999, 113 Stat. 1811]

-MISC1-

Section, Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 747, prohibited

persons from obtaining or attempting to obtain remittances of money

or property of any kind through the mail for an obscene, lewd,

lascivious, indecent, filthy, or vile thing.

EFFECTIVE DATE OF REPEAL

Repeal effective 120 days after Dec. 12, 1999, see section 111 of

Pub. L. 106-168, set out as an Effective Date of 1999 Amendment

note under section 3001 of this title.

-End-

-CITE-

39 USC Sec. 3007 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3007. Detention of mail for temporary periods

-STATUTE-

(a)(1) In preparation for or during the pendency of proceedings

under section 3005, the Postal Service may, under the provisions of

section 409(d), apply to the district court in any district in

which mail is sent or received as part of the alleged scheme,

device, lottery, gift enterprise, sweepstakes, skill contest, or

facsimile check or in any district in which the defendant is found,

for a temporary restraining order and preliminary injunction under

the procedural requirements of rule 65 of the Federal Rules of

Civil Procedure.

(2)(A) Upon a proper showing, the court shall enter an order

which shall -

(i) remain in effect during the pendency of the statutory

proceedings, any judicial review of such proceedings, or any

action to enforce orders issued under the proceedings; and

(ii) direct the detention by the postmaster, in any and all

districts, of the defendant's incoming mail and outgoing mail,

which is the subject of the proceedings under section 3005.

(B) A proper showing under this paragraph shall require proof of

a likelihood of success on the merits of the proceedings under

section 3005.

(3) Mail detained under paragraph (2) shall -

(A) be made available at the post office of mailing or delivery

for examination by the defendant in the presence of a postal

employee; and

(B) be delivered as addressed if such mail is not clearly shown

to be the subject of proceedings under section 3005.

(4) No finding of the defendant's intent to make a false

representation or to conduct a lottery is required to support the

issuance of an order under this section.

(b) If any order is issued under subsection (a) and the

proceedings under section 3005 are concluded with the issuance of

an order under that section, any judicial review of the matter

shall be in the district in which the order under subsection (a)

was issued.

(c) This section does not apply to mail addressed to publishers

of newspapers and other periodical publications entitled to a

periodical publication rate or to mail addressed to the agents of

those publishers.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 106-168,

title I, Sec. 105(a), Dec. 12, 1999, 113 Stat. 1810.)

-REFTEXT-

REFERENCES IN TEXT

Rule 65 of the Federal Rules of Civil Procedure, referred to in

subsec. (a)(1), is set out in the Appendix to Title 28, Judiciary

and Judicial Procedure.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-168 added subsecs. (a) and (b), struck out

former subsec. (a) which provided for injunctive relief and other

orders by the district court in which the defendant gets his mail,

and redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1999 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3005, 3011, 3012, 3013 of

this title.

-End-

-CITE-

39 USC Sec. 3008 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3008. Prohibition of pandering advertisements

-STATUTE-

(a) Whoever for himself, or by his agents or assigns, mails or

causes to be mailed any pandering advertisement which offers for

sale matter which the addressee in his sole discretion believes to

be erotically arousing or sexually provocative shall be subject to

an order of the Postal Service to refrain from further mailings of

such materials to designated addresses thereof.

(b) Upon receipt of notice from an addressee that he has received

such mail matter, determined by the addressee in his sole

discretion to be of the character described in subsection (a) of

this section, the Postal Service shall issue an order, if requested

by the addressee, to the sender thereof, directing the sender and

his agents or assigns to refrain from further mailings to the named

addressees.

(c) The order of the Postal Service shall expressly prohibit the

sender and his agents or assigns from making any further mailings

to the designated addresses, effective on the thirtieth calendar

day after receipt of the order. The order shall also direct the

sender and his agents or assigns to delete immediately the names of

the designated addressees from all mailing lists owned or

controlled by the sender or his agents or assigns and, further,

shall prohibit the sender and his agents or assigns from the sale,

rental, exchange, or other transaction involving mailing lists

bearing the names of the designated addressees.

(d) Whenever the Postal Service believes that the sender or

anyone acting on his behalf has violated or is violating the order

given under this section, it shall serve upon the sender, by

registered or certified mail, a complaint stating the reasons for

its belief and request that any response thereto be filed in

writing with the Postal Service within 15 days after the date of

such service. If the Postal Service, after appropriate hearing if

requested by the sender, and without a hearing if such a hearing is

not requested, thereafter determines that the order given has been

or is being violated, it is authorized to request the Attorney

General to make application, and the Attorney General is authorized

to make application, to a district court of the United States for

an order directing compliance with such notice.

(e) Any district court of the United States within the

jurisdiction of which any mail matter shall have been sent or

received in violation of the order provided for by this section

shall have jurisdiction, upon application by the Attorney General,

to issue an order commanding compliance with such notice. Failure

to observe such order may be punishable by the court as contempt

thereof.

(f) Receipt of mail matter 30 days or more after the effective

date of the order provided for by this section shall create a

rebuttable presumption that such mail was sent after such effective

date.

(g) Upon request of any addressee, the order of the Postal

Service shall include the names of any of his minor children who

have not attained their nineteenth birthday, and who reside with

the addressee.

(h) The provisions of subchapter II of chapter 5, relating to

administrative procedure, and chapter 7, relating to judicial

review, of title 5, shall not apply to any provisions of this

section.

(i) For purposes of this section -

(1) mail matter, directed to a specific address covered in the

order of the Postal Service, without designation of a specific

addressee thereon, shall be considered as addressed to the person

named in the Postal Service's order; and

(2) the term "children" includes natural children,

stepchildren, adopted children, and children who are wards of or

in custody of the addressee or who are living with such addressee

in a regular parent-child relationship.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 748.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3011 of this title; title

18 section 1737.

-End-

-CITE-

39 USC Sec. 3009 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3009. Mailing of unordered merchandise

-STATUTE-

(a) Except for (1) free samples clearly and conspicuously marked

as such, and (2) merchandise mailed by a charitable organization

soliciting contributions, the mailing of unordered merchandise or

of communications prohibited by subsection (c) of this section

constitutes an unfair method of competition and an unfair trade

practice in violation of section 45(a)(1) of title 15.

(b) Any merchandise mailed in violation of subsection (a) of this

section, or within the exceptions contained therein, may be treated

as a gift by the recipient, who shall have the right to retain,

use, discard, or dispose of it in any manner he sees fit without

any obligation whatsoever to the sender. All such merchandise shall

have attached to it a clear and conspicuous statement informing the

recipient that he may treat the merchandise as a gift to him and

has the right to retain, use, discard, or dispose of it in any

manner he sees fit without any obligation whatsoever to the sender.

(c) No mailer of any merchandise mailed in violation of

subsection (a) of this section, or within the exceptions contained

therein, shall mail to any recipient of such merchandise a bill for

such merchandise or any dunning communications.

(d) For the purposes of this section, "unordered merchandise"

means merchandise mailed without the prior expressed request or

consent of the recipient.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 749.)

-End-

-CITE-

39 USC Sec. 3010 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3010. Mailing of sexually oriented advertisements

-STATUTE-

(a) Any person who mails or causes to be mailed any sexually

oriented advertisement shall place on the envelope or cover thereof

his name and address as the sender thereof and such mark or notice

as the Postal Service may prescribe.

(b) Any person, on his own behalf or on the behalf of any of his

children who has not attained the age of 19 years and who resides

with him or is under his care, custody, or supervision, may file

with the Postal Service a statement, in such form and manner as the

Postal Service may prescribe, that he desires to receive no

sexually oriented advertisements through the mails. The Postal

Service shall maintain and keep current, insofar as practicable, a

list of the names and addresses of such persons and shall make the

list (including portions thereof or changes therein) available to

any person, upon such reasonable terms and conditions as it may

prescribe, including the payment of such service charge as it

determines to be necessary to defray the cost of compiling and

maintaining the list and making it available as provided in this

sentence. No person shall mail or cause to be mailed any sexually

oriented advertisement to any individual whose name and address has

been on the list for more than 30 days.

(c) No person shall sell, lease, lend, exchange, or license the

use of, or, except for the purpose expressly authorized by this

section, use any mailing list compiled in whole or in part from the

list maintained by the Postal Service pursuant to this section.

(d) "Sexually oriented advertisement" means any advertisement

that depicts, in actual or simulated form, or explicitly describes,

in a predominantly sexual context, human genitalia, any act of

natural or unnatural sexual intercourse, any act of sadism or

masochism, or any other erotic subject directly related to the

foregoing. Material otherwise within the definition of this

subsection shall be deemed not to constitute a sexually oriented

advertisement if it constitutes only a small and insignificant part

of the whole of a single catalog, book, periodical, or other work

the remainder of which is not primarily devoted to sexual matters.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 749.)

-MISC1-

EFFECTIVE DATE

Section effective first day of sixth month which begins after

Aug. 12, 1970, see section 15(b) of Pub. L. 91-375, set out as a

note preceding section 101 of this title.

INVASION OF PRIVACY BY MAILING OF SEXUALLY ORIENTED ADVERTISEMENTS

Section 14 of Pub. L. 91-375 provided that:

"(a) [Congressional findings] The Congress finds -

"(1) that the United States mails are being used for the

indiscriminate dissemination of advertising matter so designed

and so presented as to exploit sexual sensationalism for

commercial gain;

"(2) that such matter is profoundly shocking and offensive to

many persons who receive it, unsolicited, through the mails;

"(3) that such use of the mails constitutes a serious threat to

the dignity and sanctity of the American home and subjects many

persons to an unconscionable and unwarranted intrusion upon their

fundamental personal right to privacy;

"(4) that such use of the mail reduces the ability of

responsible parents to protect their minor children from exposure

to material which they as parents believe to be harmful to the

normal and healthy ethical, mental, and social development of

their children; and

"(5) that the traffic in such offensive advertisements is so

large that individual citizens will be helpless to protect their

privacy or their families without stronger and more effective

Federal controls over the mailing of such matter.

"(b) [Congressional Determination of Public Policy] On the basis

of such findings, the Congress determines that it is contrary to

the public policy of the United States for the facilities and

services of the United States Postal Service to be used for the

distribution of such materials to persons who do not want their

privacy invaded in this manner or to persons who wish to protect

their minor children from exposure to such material."

Provisions of section 14 of Pub. L. 91-375 effective within 1

year after Aug. 12, 1970, on date established therefor by the Board

of Governors and published by it in the Federal Register, see

section 15(a) of Pub. L. 91-375, set out as an Effective Date not

preceding section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3011 of this title; title

18 sections 1735, 1736, 1737.

-End-

-CITE-

39 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3011. Judicial enforcement

-STATUTE-

(a) Whenever the Postal Service believes that any person is

mailing or causing to be mailed any sexually oriented advertisement

in violation of section 3010 of this title, it may request the

Attorney General to commence a civil action against such person in

a district court of the United States. Upon a finding by the court

of a violation of that section, the court may issue an order

including one or more of the following provisions as the court

deems just under the circumstances:

(1) a direction to the defendant to refrain from mailing any

sexually oriented advertisement to a specific addressee, to any

group of addressees, or to all persons;

(2) a direction to any postmaster to whom sexually oriented

advertisements originating with such defendant are tendered for

transmission through the mails to refuse to accept such

advertisements for mailing; or

(3) a direction to any postmaster at the office at which

registered or certified letters or other letters or mail arrive,

addressed to the defendant or his representative, to return the

registered or certified letters or other letters or mail to the

sender appropriately marked as being in response to mail in

violation of section 3010 of this title, after the defendant, or

his representative, has been notified and given reasonable

opportunity to examine such letters or mail and to obtain

delivery of mail which is clearly not connected with activity

alleged to be in violation of section 3010 of this title.

(b) The statement that remittances may be made to a person named

in a sexually oriented advertisement is prima facie evidence that

such named person is the principal, agent, or representative of the

mailer for the receipt of remittances on his behalf. The court is

not precluded from ascertaining the existence of the agency on the

basis of any other evidence.

(c) In preparation for, or during the pendency of, a civil action

under subsection (a) of this section, a district court of the

United States, upon application therefor by the Attorney General

and upon a showing of probable cause to believe the statute is

being violated, may enter a temporary restraining order or

preliminary injunction containing such terms as the court deems

just, including, but not limited to, provisions enjoining the

defendant from mailing any sexually oriented advertisement to any

person or class of persons, directing any postmaster to refuse to

accept such defendant's sexually oriented advertisements for

mailing, and directing the detention of the defendant's incoming

mail by any postmaster pending the conclusion of the judicial

proceedings. Any action taken by a court under this subsection does

not affect or determine any fact at issue in any other proceeding

under this section.

(d) A civil action under this section may be brought in the

judicial district in which the defendant resides, or has his

principal place of business, or in any judicial district in which

any sexually oriented advertisement mailed in violation of section

3010 has been delivered by mail according to the direction thereon.

(e) Nothing in this section or in section 3010 shall be construed

as amending, preempting, limiting, modifying, or otherwise in any

way affecting section 1461 or 1463 of title 18 or section 3007 or

3008 of this title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 750; Pub. L. 106-168,

title I, Sec. 105(b)(2)(B), Dec. 12, 1999, 113 Stat. 1811.)

-MISC1-

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-168 substituted "3007" for "3006,

3007,".

EFFECTIVE DATE OF 1999 AMENDMENT

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.

EFFECTIVE DATE

Section effective first day of sixth month which begins after

Aug. 12, 1970, see section 15(b) of Pub. L. 91-375, set out as a

note preceding section 101 of this title.

-End-

-CITE-

39 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3012. Civil penalties

-STATUTE-

(a) Any person -

(1) who, through the use of the mail, evades or attempts to

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 $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. 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), (c), or (d), 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), (c), or (d), 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)(1) In any proceeding in which the Postal Service may issue an

order under section 3005(a), the Postal Service may in lieu of that

order or as part of that order assess civil penalties in an amount

not to exceed $25,000 for each mailing of less than 50,000 pieces;

$50,000 for each mailing of 50,000 to 100,000 pieces; with an

additional $5,000 for each additional 10,000 pieces above 100,000,

not to exceed $1,000,000.

(2) In any proceeding in which the Postal Service assesses

penalties under this subsection the Postal Service shall determine

the civil penalty taking into account the nature, circumstances,

extent, and gravity of the violation or violations of section

3005(a), 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

section, the degree of culpability and other such matters as

justice may require.

(d) Any person who violates section 3001(l) shall be liable to

the United States for a civil penalty not to exceed $10,000 for

each mailing to an individual.

(e) All penalties collected under authority of this section shall

be paid into the Treasury of the United States.

(f) In any proceeding at any time under this section, the

defendant shall be entitled as a defense or counterclaim to seek

judicial review, if not already had, pursuant to chapter 7 of 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.

-SOURCE-

(Added Pub. L. 98-186, Sec. 3(a), Nov. 30, 1983, 97 Stat. 1316; (As

amended Pub. L. 106-168, title I, Sec. 106, Dec. 12, 1999, 113

Stat. 1811.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-168, Sec. 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".

Subsec. (b)(1), (2). Pub. L. 106-168, Sec. 106(2), inserted ",

(c), or (d)" after "of subsection (a)".

Subsecs. (c) to (f). Pub. L. 106-168, Sec. 106(3), (4), added

subsecs. (c) and (d) and redesignated former subsecs. (c) and (d)

as (e) and (f), respectively.

EFFECTIVE DATE OF 1999 AMENDMENT

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.

EFFECTIVE DATE

Section 3(b) of Pub. L. 98-186 provided that: "Section 3012 of

title 39, United States Code (as added by subsection (a) of this

section) shall apply with respect to conduct which occurs on or

after the date of the enactment of this Act [Nov. 30, 1983]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3017 of this title.

-End-

-CITE-

39 USC Sec. 3013 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3013. Semiannual reports on investigative activities of the

Postal Service

-STATUTE-

The Postmaster General shall submit semiannual reports to the

Inspector General 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 1 month (or such shorter length of

time as the Inspector General may specify) 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

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;

(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

(6) such other information relating to the investigative

activities of the Postal Service as the Inspector General may

require.

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.

-SOURCE-

(Added Pub. L. 98-186, Sec. 3(a), Nov. 30, 1983, 97 Stat. 1317;

amended Pub. L. 104-66, title II, Sec. 2211(b), Dec. 21, 1995, 109

Stat. 733; Pub. L. 106-168, title I, Secs. 107(c), 110(b)(1), Dec.

12, 1999, 113 Stat. 1813, 1817.)

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Inspector General Act of 1978, referred to in

text, is section 5 of Pub. L. 95-452, which is set out in the

Appendix to Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-168, Sec. 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.)."

Par. (5). Pub. L. 106-168, Sec. 107(c), added par. (5). Former

par. (5) redesignated (6).

Par. (6). Pub. L. 106-168, Sec. 110(b)(1)(A), substituted

"Inspector General" for "Board".

Pub. L. 106-168, Sec. 107(c), redesignated par. (5) as (6).

1995 - 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".

EFFECTIVE DATE OF 1999 AMENDMENT

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, Sec. 110(b)(2), (3), Dec. 12, 1999, 113

Stat. 1817, provided that:

"(2) Effective date. - This subsection [amending this section]

shall take effect on the date of the enactment of this Act [Dec.

12, 1999], and the amendments made by this subsection shall apply

with respect to semiannual reporting periods beginning on or after

such date of enactment.

"(3) Savings provision. - For purposes of any semiannual

reporting period preceding the first semiannual reporting period

referred to in paragraph (2), the provisions of title 39, United

States Code, shall continue to apply as if the amendments made by

this subsection had not been enacted."

-End-

-CITE-

39 USC Sec. 3014 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3014. Nonmailable plants

-STATUTE-

(a)(1) Whenever the Secretary of Agriculture establishes a

quarantine under section 8 of the Plant Quarantine Act, prohibiting

the transportation by common carrier of any plant from any State or

other geographic area, the Secretary shall give notice of the

establishment of such quarantine to the Postal Service in writing.

(2) Upon receiving any such notice under paragraph (1), the

Postal Service shall ensure that copies of such notice are

prominently displayed at post offices located within each State or

area covered by the quarantine, and shall take any other measures

which the Postal Service considers necessary in order to inform the

public both of the establishment of such quarantine and of relevant

provisions of this section and sections 1716B and 1716C of title 18

in connection therewith.

(b) Any plant, the transportation of which by common carrier from

any State or other area is prohibited or restricted under any

quarantine referred to in subsection (a), is nonmailable matter,

and may not be accepted by the Postal Service or conveyed in the

mails, if the matter involved is tendered for transmission through

the mails from such State or area or if such matter first enters

the mails within such State or area.

(c) The Postal Service shall, after consultation with the

Secretary of Agriculture, prescribe rules and regulations

permitting the mailing of a plant, and otherwise making subsection

(b) of this section inapplicable with respect to such plant, if the

method or manner of mailing such plant would be consistent with the

procedures set forth in the rules and regulations prescribed under

the fourth sentence of section 8 of the Plant Quarantine Act

(relating to the inspection, disinfection, and certification of,

and other conditions for, the delivery and shipment of plants

otherwise subject to quarantine).

(d) For the purposes of this section -

(1) "Plant Quarantine Act" means the Act entitled "An Act to

regulate the importation of nursery stock and other plants and

plant products; to enable the Secretary of Agriculture to

establish and maintain quarantine districts for plant diseases

and insect pests; to permit and regulate the movement of fruits,

plants, and vegetables therefrom, and for other purposes",

enacted August 20, 1912 (!1) (37 Stat. 315 et seq.); and

(2) "plant" means any class of plants, fruits, vegetables,

roots, bulbs, seeds, or other plant products, any class of

nursery stock (as defined by section 6 of the Plant Quarantine

Act),(!1) and any other article or matter which is capable of

carrying any dangerous plant disease or pest.

-SOURCE-

(Added Pub. L. 100-574, Sec. 1(a)(1), Oct. 31, 1988, 102 Stat.

2892.)

-REFTEXT-

REFERENCES IN TEXT

The Act of Aug. 20, 1912, referred to in subsec. (d), is act Aug.

20, 1912, ch. 308, 37 Stat. 315, as amended, which was classified

generally to chapter 8 (Sec. 151 et seq.) of Title 7, Agriculture,

prior to repeal by Pub. L. 106-224, title IV, Sec. 438(a)(1), June

20, 2000, 114 Stat. 454. Sections 6 and 8 of the Act were

classified to sections 152 and 161, respectively, of Title 7. For

complete classification of this Act to the Code, see Tables.

-MISC1-

EFFECTIVE DATE

Section 4 of Pub. L. 100-574 provided that:

"(a) In General. - This Act and the amendments made by this Act

[enacting this section and sections 1716B and 1716C of Title 18,

Crimes and Criminal Procedure] shall become effective on the

earlier of -

"(1) the 366th day after the date of the enactment of this Act

[Oct. 31, 1988]; or

"(2) the first date as of which all rules and regulations

required to be prescribed under the amendments made by this Act

have first been published in the Federal Register. [For

publication of regulations, see 54 F.R. 49978, Dec. 4, 1989.]

"(b) Regulations. - Nothing in this section shall prevent the

United States Postal Service from taking any action which may be

necessary to prepare and issue, as soon as possible after the date

of the enactment of this Act, any rules and regulations which the

Postal Service is required to prescribe under any of the amendments

made by this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 1716B, 1716C.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

39 USC Sec. 3015 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3015. Nonmailable plant pests and injurious animals

-STATUTE-

(a) Injurious Animals. - Any injurious animal, the importation or

interstate shipment of which is prohibited pursuant to section 42

of title 18, constitutes nonmailable matter.

(b) Plant Pests. - Any plant pest, the movement of which is

prohibited pursuant to section 103 or 104 of the Federal Plant Pest

Act (7 U.S.C. 150bb or 150cc),(!1) constitutes nonmailable matter.

(c) Plants. - Any plant, article, or matter, the importation or

interstate shipment of which is prohibited pursuant to the Act of

August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.)

(commonly known as the "Plant Quarantine Act"),(!1) constitutes

nonmailable matter.

(d) Illegally Taken Fish, Wildlife, or Plants. - Any fish,

wildlife, or plant, the conveyance of which is prohibited pursuant

to section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372),

constitutes nonmailable matter.

-SOURCE-

(Added Pub. L. 102-393, title VI, Sec. 631(d)(1), Oct. 6, 1992, 106

Stat. 1776.)

-REFTEXT-

REFERENCES IN TEXT

Sections 103 and 104 of the Federal Plant Pest Act (7 U.S.C.

150bb, 150cc), referred to in subsec. (b), were repealed by Pub. L.

106-224, title IV, Sec. 438(a)(2), June 20, 2000, 114 Stat. 454.

The Plant Quarantine Act, referred to in subsec. (c), is act Aug.

20, 1912, ch. 308, 37 Stat. 315, as amended, which was classified

generally to chapter 8 (Sec. 151 et seq.) of Title 7, Agriculture,

prior to repeal by Pub. L. 106-224, title IV, Sec. 438(a)(1), June

20, 2000, 114 Stat. 454. For complete classification of this Act to

the Code, see Tables.

-MISC1-

SHORT TITLE

Section 631(e) of Pub. L. 102-393 provided that: "This section

[enacting this section and provisions set out below] may be cited

as the 'Alien Species Prevention and Enforcement Act of 1992'."

ALIEN SPECIES PREVENTION AND ENFORCEMENT IN HAWAII

Section 631(a)-(c) of Pub. L. 102-393 provided that:

"(a) Pests in the Mails. -

"(1) In general. - Subject to paragraph (2), the Secretary of

Agriculture shall hereafter operate a program, under terms and

conditions acceptable to the Postal Service, to protect Hawaii

from the introduction of prohibited plants, plant pests, and

injurious animals that may be contained in mail received in

Hawaii, except that this subsection shall not apply to mail that

originates and is intended for delivery outside the United

States.

"(2) Memorandum of understanding. - For the purpose of carrying

out the program operated under paragraph (1), the Secretary of

Agriculture shall enter into a memorandum of understanding or

other agreement with the Secretary of the Interior relating to

prohibited plants, plant pests, or injurious animals under the

jurisdiction of the Department of the Interior.

"(3) Remedial action. - If, pursuant to the program, mail is

found to contain a prohibited plant, plant pest, or injurious

animal, the Secretary shall -

"(A) make a record of the prohibited plant, plant pest, or

injurious animal found in the mail;

"(B) take appropriate action to prevent the introduction of

the prohibited material into Hawaii; and

"(C) determine whether the facts and circumstances warrant

seeking prosecution under a law prohibiting the conveyance of a

plant, plant pest, or injurious animal.

"(4) Definitions. - As used in this subsection:

"(A) Injurious animal. - The term 'injurious animal' means an

animal the importation or interstate shipment of which is

prohibited by section 42 of title 18, United States Code.

"(B) Plant. - The term 'plant' means a plant from any class

of plants, or any other article or matter, the importation or

interstate shipment of which is prohibited under the Act of

August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et

seq.) (commonly known as the 'Plant Quarantine Act').

"(C) Plant pest. - The term 'plant pest' means any organism

or substance the importation or interstate shipment of which is

prohibited under the Federal Plant Pest Act (7 U.S.C. 150aa et

seq.).

"(b) Cooperative Agreements With Hawaii To Enforce Certain

Agricultural Quarantine Laws. -

"(1) Agreement between secretary of agriculture and hawaii. -

"(A) In general. - Not later than 90 days after the date of

enactment of this Act [Oct. 6, 1992], the Secretary of

Agriculture shall offer to enter into a cooperative agreement

with the State of Hawaii for a 2-year period to enforce in the

State -

"(i) the Act of August 20, 1912 (37 Stat. 315, chapter 308;

7 U.S.C. 151 et seq.) (commonly known as the 'Plant

Quarantine Act');

"(ii) the Federal Plant Pest Act (7 U.S.C. 150aa et seq.);

and

"(iii) the matter under the heading 'Enforcement of the

plant-quarantine Act:' of the Act of March 4, 1915 (38 Stat.

1113; 7 U.S.C. 166 [7760]) (commonly known as the 'Terminal

Inspection Act').

"(B) Inspection of plants and plant products. - The

cooperative agreement shall establish a specific procedure for

the submission and approval of the names of plants and plant

products that the State of Hawaii elects to inspect under the

provision of law referred to in subparagraph (A)(iii).

"(C) Authority. - The Secretary shall carry out this

paragraph under the authority provided by -

"(i) section 102 of the Department of Agriculture Organic

Act of 1944 (7 U.S.C. 147a);

"(ii) section 3 of the Act of May 29, 1884 (23 Stat. 32,

chapter 60; 21 U.S.C. 114); and

"(iii) section 11 of the Department of Agriculture Organic

Act of 1956 (7 U.S.C. 114a) [probably means section 11 of act

May 29, 1884, as added by the Department of Agriculture

Organic Act of 1944, which is classified to 21 U.S.C. 114a].

"(2) Agreement between secretary of the interior and hawaii. -

"(A) In general. - Not later than 90 days after the date of

enactment of this Act [Oct. 6, 1992], the Secretary of the

Interior shall offer to enter into a cooperative agreement with

the State of Hawaii for a 2-year period to enforce in the State

the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).

"(B) Authority. - The Secretary shall use to carry out this

paragraph the authority provided under section 3 of the Fish

and Wildlife Improvement Act of 1978 (16 U.S.C. 742l).

"(3) Agreement between postal service and hawaii. -

"(A) In general. - Not later than 90 days after the date of

enactment of this Act, the Postal Service shall offer to enter

into a cooperative agreement with the State of Hawaii for a

2-year period to enforce in the State, under terms and

conditions acceptable to the Postal Service and in compliance

with postal regulations, Public Law 100-574 [enacting section

3014 of this title, sections 1716B and 1716C of Title 18,

Crimes and Criminal Procedure, and provisions set out as a note

under section 3014 of this title] and the amendments made by

such Public Law.

"(B) Authority. - The Postal Service shall use to carry out

this paragraph the authority provided under section 3014 of

title 39, United States Code.

"(4) Cooperative programs. - Any program conducted jointly by

the State of Hawaii and any Federal agency under this subsection

that in any way affects the mail or the postal system of the

United States shall comply with postal regulations and shall be

conducted under terms and conditions acceptable to the Postal

Service.

"(5) Extension of agreements. - A cooperative agreement entered

into under this subsection may be extended by mutual consent of

the parties to the agreement.

"(c) Public Information Program on Prohibitions Against Shipment

or Transportation of Plant Pests and Injurious Animals. -

"(1) In general. - The Postal Service, the Secretary of the

Interior, and the Secretary of Agriculture shall jointly

establish a public information program to inform the public on -

"(A) the prohibitions against the shipment or transportation

of plants, plants [sic] pests, and injurious animals; and

"(B) the consequences of violating Federal laws designed to

prevent the introduction of alien species into the State of

Hawaii and other areas of the United States.

"(2) Methods. - In carrying out paragraph (1), the Postal

Service and Secretaries may -

"(A) use public service announcements, mail, and other forms

of distributing information, dial-up information services, and

such other methods as will effectively communicate the

information described in paragraph (1); and

"(B) cooperate with State and private organizations to carry

out the program established under this subsection.

"(3) Study. - Not later than 1 year after the program

established under subsection (a) commences, the Secretary of

Agriculture, in cooperation with the Secretary of the Interior,

the Postal Service, and the State of Hawaii, shall -

"(A) conduct a study to determine the proportion of plant

pests and injurious animals that are introduced into Hawaii by

various modes of commerce; and

"(B) report the results of the study to Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1716D.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

39 USC Sec. 3016 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3016. Administrative subpoenas

-STATUTE-

(a) Subpoena Authority. -

(1) Investigations. -

(A) In general. - In any investigation conducted under

section 3005(a), the Postmaster General may require by subpoena

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 to such investigation.

(B) Condition. - No subpoena shall be issued under this

paragraph except in accordance with procedures, established by

the Postal Service, requiring that -

(i) a specific case, with an individual or entity

identified as the subject, be opened before a subpoena is

requested;

(ii) appropriate supervisory and legal review of a subpoena

request be performed; and

(iii) delegation of subpoena approval authority be limited

to the Postal Service's General Counsel or a Deputy General

Counsel.

(2) Statutory proceedings. - In any statutory proceeding

conducted under section 3005(a), the Judicial Officer may require

by subpoena the attendance and testimony of witnesses and the

production of any records (including books, papers, documents,

and other tangible things which constitute or contain evidence)

which the Judicial Officer considers relevant or material to such

proceeding.

(3) Rule of construction. - Nothing in paragraph (2) shall be

considered to apply in any circumstance to which paragraph (1)

applies.

(b) Service. -

(1) Service within the united states. - A subpoena issued under

this section may be served by a person designated under section

3061 of title 18 at any place within the territorial jurisdiction

of any court of the United States.

(2) 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 prescribe 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.

(3) Service on business persons. - Service of any such subpoena

may be made upon a partnership, corporation, association, or

other legal entity by -

(A) 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;

(B) delivering a duly executed copy thereof to the principal

office or place of business of the partnership, corporation,

association, or entity; or

(C) 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.

(4) Service on natural persons. - Service of any subpoena may

be made upon any natural person by -

(A) delivering a duly executed copy to the person to be

served; or

(B) 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.

(5) 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.

(c) Enforcement. -

(1) In general. - Whenever any person, partnership,

corporation, association, or entity fails to comply with any

subpoena duly served upon him, the Postmaster General 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, and

serve upon such person a petition for an order of such court for

the enforcement of this section.

(2) 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 section 1291 of

title 28, United States Code. Any disobedience of any final order

entered under this section by any court may be punished as

contempt.

(d) Disclosure. - Any documentary material provided pursuant to

any subpoena issued under this section shall be exempt from

disclosure under section 552 of title 5, United States Code.

-SOURCE-

(Added Pub. L. 106-168, title I, Sec. 107(a), Dec. 12, 1999, 113

Stat. 1812.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(2), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-MISC1-

EFFECTIVE DATE

Section effective 120 days after Dec. 12, 1999, see section 111

of Pub. L. 106-168, set out as an Effective Date of 1999 Amendment

note under section 3001 of this title.

REGULATIONS

Pub. L. 106-168, title I, Sec. 107(b), Dec. 12, 1999, 113 Stat.

1813, provided that: "Not later than 120 days after the date of the

enactment of this section [Dec. 12, 1999], the Postal Service shall

promulgate regulations setting out the procedures the Postal

Service will use to implement the amendment made by subsection (a)

[enacting this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3013 of this title.

-End-

-CITE-

39 USC Sec. 3017 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 30 - NONMAILABLE MATTER

-HEAD-

Sec. 3017. Nonmailable skill contests or sweepstakes matter;

notification to prohibit mailings

-STATUTE-

(a) Definitions. - In this section -

(1) the term "promoter" means any person who -

(A) originates and mails any skill contest or sweepstakes,

except for any matter described in section 3001(k)(4); or

(B) originates and causes to be mailed any skill contest or

sweepstakes, except for any matter described in section

3001(k)(4);

(2) the term "removal request" means a request stating that an

individual elects to have the name and address of such individual

excluded from any list used by a promoter for mailing skill

contests or sweepstakes;

(3) the terms "skill contest", "sweepstakes", and "clearly and

conspicuously displayed" have the same meanings as given them in

section 3001(k); and

(4) the term "duly authorized person", as used in connection

with an individual, means a conservator or guardian of, or person

granted power of attorney by, such individual.

(b) Nonmailable Matter. -

(1) In general. - Matter otherwise legally acceptable in the

mails described in paragraph (2) -

(A) is nonmailable matter;

(B) shall not be carried or delivered by mail; and

(C) shall be disposed of as the Postal Service directs.

(2) Nonmailable matter described. - Matter described in this

paragraph is any matter that -

(A) is a skill contest or sweepstakes, except for any matter

described in section 3001(k)(4); and

(B)(i) is addressed to an individual who made an election to

be excluded from lists under subsection (d); or

(ii) does not comply with subsection (c)(1).

(c) Requirements of Promoters. -

(1) Notice to individuals. - Any promoter who mails a skill

contest or sweepstakes shall provide with each mailing a

statement that -

(A) is clearly and conspicuously displayed;

(B) includes the address or toll-free telephone number of the

notification system established under paragraph (2); and

(C) states that the notification system may be used to

prohibit the mailing of all skill contests or sweepstakes by

that promoter to such individual.

(2) Notification system. - Any promoter that mails or causes to

be mailed a skill contest or sweepstakes shall establish and

maintain a notification system that provides for any individual

(or other duly authorized person) to notify the system of the

individual's election to have the name and address of the

individual excluded from all lists of names and addresses used by

that promoter to mail any skill contest or sweepstakes.

(d) Election To Be Excluded From Lists. -

(1) In general. - An individual (or other duly authorized

person) may elect to exclude the name and address of that

individual from all lists of names and addresses used by a

promoter of skill contests or sweepstakes by submitting a removal

request to the notification system established under subsection

(c).

(2) Response after submitting removal request to the

notification system. - Not later than 60 calendar days after a

promoter receives a removal request pursuant to an election under

paragraph (1), the promoter shall exclude the individual's name

and address from all lists of names and addresses used by that

promoter to select recipients for any skill contest or

sweepstakes.

(3) Effectiveness of election. - An election under paragraph

(1) shall remain in effect, unless an individual (or other duly

authorized person) notifies the promoter in writing that such

individual -

(A) has changed the election; and

(B) elects to receive skill contest or sweepstakes mailings

from that promoter.

(e) Private Right of Action. -

(1) In general. - An individual who receives one or more

mailings in violation of subsection (d) may, if otherwise

permitted by the laws or rules of court of a State, bring in an

appropriate court of that State -

(A) an action to enjoin such violation;

(B) an action to recover for actual monetary loss from such a

violation, or to receive $500 in damages for each such

violation, whichever is greater; or

(C) both such actions.

It shall be an affirmative defense in any action brought under

this subsection that the defendant has established and

implemented, with due care, reasonable practices and procedures

to effectively prevent mailings in violation of subsection (d).

If the court finds that the defendant willfully or knowingly

violated subsection (d), the court may, in its discretion,

increase the amount of the award to an amount equal to not more

than 3 times the amount available under subparagraph (B).

(2) Action allowable based on other sufficient notice. - A

mailing sent in violation of section 3001(l) shall be actionable

under this subsection, but only if such an action would not also

be available under paragraph (1) (as a violation of subsection

(d)) based on the same mailing.

(f) Promoter Nonliability. - A promoter shall not be subject to

civil liability for the exclusion of an individual's name or

address from any list maintained by that promoter for mailing skill

contests or sweepstakes, if -

(1) a removal request is received by the promoter's

notification system; and

(2) the promoter has a good faith belief that the request is

from -

(A) the individual whose name and address is to be excluded;

or

(B) another duly authorized person.

(g) Prohibition on Commercial Use of Lists. -

(1) In general. -

(A) Prohibition. - No person may provide any information

(including the sale or rental of any name or address) derived

from a list described in subparagraph (B) to another person for

commercial use.

(B) Lists. - A list referred to under subparagraph (A) is any

list of names and addresses (or other related information)

compiled from individuals who exercise an election under

subsection (d).

(2) Civil penalty. - Any person who violates paragraph (1)

shall be assessed a civil penalty by the Postal Service not to

exceed $2,000,000 per violation.

(h) Civil Penalties. -

(1) In general. - Any promoter -

(A) who recklessly mails nonmailable matter in violation of

subsection (b) shall be liable to the United States in an

amount of $10,000 per violation for each mailing to an

individual of nonmailable matter; or

(B) who fails to comply with the requirements of subsection

(c)(2) shall be liable to the United States.

(2) Enforcement. - The Postal Service shall, in accordance with

the same procedures as set forth in section 3012(b), provide for

the assessment of civil penalties under this section.

-SOURCE-

(Added Pub. L. 106-168, title I, Sec. 108(a), Dec. 12, 1999, 113

Stat. 1814.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-168, title I, Sec. 108(c), Dec. 12, 1999, 113 Stat.

1816, provided that: "This section [enacting this section] shall

take effect 1 year after the date of the enactment of this Act

[Dec. 12, 1999]."

-End-