-CITE-
    39 USC CHAPTER 30 - NONMAILABLE MATTER                      01/03/2007

-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      Repealed.]                                            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.                   
    3018.       Hazardous material.                                   

                                AMENDMENTS                            
      2006 - Pub. L. 109-435, title X, Sec. 1008(c)(2), Dec. 20, 2006,
    120 Stat. 3260, added item 3018.
      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    Dec. 12, 1999, 113 Stat. 1811, 1814, 1816, repealed item 3006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.

-End-



-CITE-
    39 USC Sec. 3001                                            01/03/2007

-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)(1) Except as otherwise authorized by law or regulations of
    the Postal Service, hazardous material is nonmailable.
      (2) In this subsection, the term "hazardous material" means a
    substance or material designated by the Secretary of Transportation
    under section 5103(a) of title 49.
      (o) 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; Pub. L. 109-435, title X, Sec.
    1008(a), Dec. 20, 2006, 120 Stat. 3259.)

-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                            
      2006 - Subsecs. (n), (o). Pub. L. 109-435 added subsec. (n) and
    redesignated former subsec. (n) as (o).
      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."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    39 USC Sec. 3002                                            01/03/2007

-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.)

-End-



-CITE-
    39 USC Sec. 3002a                                           01/03/2007

-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.)

-End-



-CITE-
    39 USC Sec. 3003                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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 section 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 section 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; Pub. L. 109-435,
    title X, Sec. 1010(g)(3), Dec. 20, 2006, 120 Stat. 3262.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-435 substituted "under section
    3001(d)," for "under 3001(d)," in introductory provisions and
    "under such section 3001(d)," for "under such 3001(d)," in
    concluding provisions.
      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.)."

-End-



-CITE-
    39 USC Sec. 3006                                            01/03/2007

-EXPCITE-
    TITLE 39 - POSTAL SERVICE
    PART IV - MAIL MATTER
    CHAPTER 30 - NONMAILABLE MATTER

-HEAD-
    Sec. 3006. Repealed.

-MISC1-
    [Sec. 3006. Repealed. Pub. L. 106-168, title I, Sec. 105(b)(1),
      Dec. 12, 1999, 113 Stat. 1811].
      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                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3008                                            01/03/2007

-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.)

-End-



-CITE-
    39 USC Sec. 3009                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    39 USC Sec. 3011                                            01/03/2007

-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                                            01/03/2007

-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;
    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]."

-End-



-CITE-
    39 USC Sec. 3013                                            01/03/2007

-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                                            01/03/2007

-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."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    39 USC Sec. 3015                                            01/03/2007

-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."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    39 USC Sec. 3016                                            01/03/2007

-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]."

-End-



-CITE-
    39 USC Sec. 3017                                            01/03/2007

-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-



-CITE-
    39 USC Sec. 3018                                            01/03/2007

-EXPCITE-
    TITLE 39 - POSTAL SERVICE
    PART IV - MAIL MATTER
    CHAPTER 30 - NONMAILABLE MATTER

-HEAD-
    Sec. 3018. Hazardous material

-STATUTE-
      (a) In General. - The Postal Service shall prescribe regulations
    for the safe transportation of hazardous material in the mail.
      (b) Prohibitions. - No person may - 
        (1) mail or cause to be mailed hazardous material that has been
      declared by statute or Postal Service regulation to be
      nonmailable;
        (2) mail or cause to be mailed hazardous material in violation
      of any statute or Postal Service regulation restricting the time,
      place, or manner in which hazardous material may be mailed; or
        (3) manufacture, distribute, or sell any container, packaging
      kit, or similar device that - 
          (A) is represented, marked, certified, or sold by such person
        for use in the mailing of hazardous material; and
          (B) fails to conform with any statute or Postal Service
        regulation setting forth standards for a container, packaging
        kit, or similar device used for the mailing of hazardous
        material.

      (c) Civil Penalty; Clean-Up Costs and Damages. - 
        (1) In general. - A person who knowingly violates this section
      or a regulation prescribed under this section shall be liable for
      - 
          (A) a civil penalty of at least $250, but not more than
        $100,000, for each violation;
          (B) the costs of any clean-up associated with each violation;
        and
          (C) damages.

        (2) Knowing action. - A person acts knowingly for purposes of
      paragraph (1) when - 
          (A) the person has actual knowledge of the facts giving rise
        to the violation; or
          (B) a reasonable person acting in the circumstances and
        exercising reasonable care would have had that knowledge.

        (3) Separate violations. - 
          (A) Violations over time. - A separate violation under this
        subsection occurs for each day hazardous material, mailed or
        caused to be mailed in noncompliance with this section, is in
        the mail.
          (B) Separate items. - A separate violation under this
        subsection occurs for each item containing hazardous material
        that is mailed or caused to be mailed in noncompliance with
        this section.

      (d) Hearings. - The Postal Service may determine that a person
    has violated this section or a regulation prescribed under this
    section only after notice and an opportunity for a hearing.
    Proceedings under this section shall be conducted in accordance
    with section 3001(m).
      (e) Penalty Considerations. - In determining the amount of a
    civil penalty for a violation of this section, the Postal Service
    shall consider - 
        (1) the nature, circumstances, extent, and gravity of the
      violation;
        (2) with respect to the person who committed the violation, the
      degree of culpability, any history of prior violations, the
      ability to pay, and any effect on the ability to continue in
      business;
        (3) the impact on Postal Service operations; and
        (4) any other matters that justice requires.

      (f) Civil Actions to Collect. - 
        (1) In general. - In accordance with section 409(d), a civil
      action may be commenced in an appropriate district court of the
      United States to collect a civil penalty, clean-up costs, and
      damages assessed under subsection (c).
        (2) Compromise. - The Postal Service may compromise the amount
      of a civil penalty, clean-up costs, and damages assessed under
      subsection (c) before commencing a civil action with respect to
      such civil penalty, clean-up costs, and damages under paragraph
      (1).

      (g) Civil Judicial Penalties. - 
        (1) In general. - At the request of the Postal Service, the
      Attorney General may bring a civil action in an appropriate
      district court of the United States to enforce this section or a
      regulation prescribed under this section.
        (2) Relief. - The court in a civil action under paragraph (1)
      may award appropriate relief, including a temporary or permanent
      injunction, civil penalties as determined in accordance with this
      section, or punitive damages.
        (3) Construction. - A civil action under this subsection shall
      be in lieu of civil penalties for the same violation under
      subsection (c)(1)(A).

      (h) Deposit of Amounts Collected. - 
        (1) Postal service fund. - Except as provided under paragraph
      (2), amounts collected under subsection (c)(1)(B) and (C) shall
      be deposited into the Postal Service Fund under section 2003.
        (2) Treasury. - Amounts collected under subsection (c)(1)(A)
      and any punitive damages collected under subsection (c)(1)(C)
      shall be deposited into the Treasury of the United States.

-SOURCE-
    (Added Pub. L. 109-435, title X, Sec. 1008(b), Dec. 20, 2006, 120
    Stat. 3259.)

-End-