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39 U.S.C. § 3013 — Semiannual reports on investigative activities of the Postal Service

Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3013 — Semiannual reports on investigative activities of the Postal Service

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3005&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3005/e&num=0&edition=prelim) was used; (3) the number of applications for temporary restraining orders or preliminary injunctions submitted under [section 3007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3007&num=0&edition=prelim) 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 Po

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Stable record: federal_law:legal_authorities:record_usc_05d4083e30c925fee001b8af
Source file: Laws/federal/codes/united-states-code/title-39/section-3013-semiannual-reports-on-investigative-activities-of-the-postal-service--6eb16e0b42.md
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Source location: Title 39, Chapter 30, § 3013; chapter-030-nonmailable-matter.md

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3005 — False representations; lotteries

**(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

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3007 — Detention of mail for temporary periods

**(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

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3001 — Nonmailable matter

**(a)** Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738 11 See References in Text note below. 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 off

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 405 — Reports

**(a) Definitions.—** In this section: (1) **Disallowed cost.—** — The term “disallowed cost” means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government. (2) **Final action.—** — The term “final action” means— (A) the completion of all actions that the management of an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and (B) in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made. (3) **Management decision.—** — The term “management decision” means the evaluation by the management of an establishment of the findings and recommendations included in an audit report and the issuance of a final decision by management concerning its response to the findings and recommendations, including actions concluded to be necessary. (4) **Questioned cost.—** — The term “questioned cost” means a cost that is questioned by the Office because of— (A) an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; (B) a finding that, at the time of the audit, the cost is not supported by adequate documentation; or (C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable. (5) **Recommendation that funds be put to better use.—** — The term “recommendation that funds be put to better use” means a recommendation by the Office that funds could be used more efficiently if management of an establishment took actions to implement and complete the recommendation, including— (

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3013 — Semiannual reports on investigative ac-

Page 78 TITLE 39—POSTAL SERVICE § 3013 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 sub- section with respect to the conduct described in each such paragraph. (b)(1) Whenever, on the basis of any informa- tion 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 sub- section. Any such action shall be brought in the district court of the United States for the dis- trict in which the defendant resides or receives mail. (2) If the district court determines that a per- son has engaged, or is engaging, in conduct de- scribed 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 pen- alty 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 $5,0

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