39 U.S.C. § 3006 — Untitled legal text

Page 74 TITLE 39—POSTAL SERVICE [§ 3006 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 re- quested for any article or service that such per- son 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 other- wise requested in the manner described in para- graph (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 viola- tion 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 Serv- ice under this subsection from any person shall— (A) identify himself as an employee or au- thorized agent of the Postal Service, as the case may be; (B) state the nature of the conduct under in- vestigation; 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. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 93–583, § 4, Jan. 2, 1975, 88 Stat. 1916; Pub. L. 94–525, § 2, Oct. 17, 1976, 90 Stat. 2478; Pub. L. 95–360, Sept. 9, 1978, 92 Stat. 594; Pub. L. 98–186, § 2, Nov. 30, 1983, 97 Stat. 1315; Pub. L. 100–625, § 2(c), Nov. 7, 1988, 102 Stat. 3205; Pub. L. 101–524, § 2(b), Nov. 6, 1990, 104 Stat. 2302; Pub. L. 102–71, § 2(2), July 10, 1991, 105 Stat. 330; Pub. L. 106–168, title I, §§ 104, 105(b)(2)(A), Dec. 12, 1999, 113 Stat. 1810, 1811; Pub. L. 109–435, title X, § 1010(g)(3), Dec. 20, 2006, 120 Stat. 3262.) Editorial Notes 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, § 104, in two places, struck out ‘‘or’’ after ‘‘(h),’’ and inserted ‘‘, (j), or (k)’’ after ‘‘(i)’’. Subsec. (c). Pub. L. 106–168, § 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 adver- tisements, 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, § 2(a), added par. (3). Subsec. (d). Pub. L. 98–186, § 2(b), struck out ‘‘or’’ be- fore ‘‘(2)’’, inserted ‘‘or’’ before ‘‘(3)’’, and inserted cl. (3) and provision relating to applicability of cl. (3). Subsec. (e). Pub. L. 98–186, § 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 news- paper of general circulation containing advertisements, lists of prizes, or information concerning a lottery con- ducted 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 advertise- ments, lists of prizes, or information concerning a lot- tery conducted by that State acting under authority of State law,’’. 1975—Subsec. (d). Pub. L. 93–583 added subsec. (d). Statutory Notes and Related Subsidiaries 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 de- livery 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. EFFECTIVE DATE Section 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. CONSUMER EDUCATION PROGRAM ON SCHEMES INVOLVING FALSE REPRESENTATIONS Pub. L. 98–186, § 4, Nov. 30, 1983, 97 Stat. 1317, as amended by Pub. L. 104–66, title II, § 2211(a), Dec. 21, 1995, 109 Stat. 732; Pub. L. 117–286, § 4(b)(68), Dec. 27, 2022, 136 Stat. 4350, provided that: ‘‘(a) As soon as practicable after the date of enact- ment of this Act [Nov. 30, 1983], the Postmaster General or his designee, following consultation with representa- tives of the mail order industry, shall develop and carry out a program designed to provide consumer edu- cation to the public on schemes involving false rep- resentations through use of the mails, including the dissemination of information on recognizing practices commonly associated with such schemes, as well as ap- propriate 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 405 of title 5, United States Code.’’ [§ 3006. Repealed. Pub. L. 106–168, title I, § 105(b)(1), Dec. 12, 1999, 113 Stat. 1811] Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747, pro- hibited 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 120 days after Dec. 12, 1999, see sec- tion 111 of Pub. L. 106–168, set out as an Effective Date of 1999 Amendment note under section 3001 of this title. § 3007. Detention of mail for temporary periods (a)(1) In preparation for or during the pend- ency of proceedings under section 3005, the Post-