Page:United States Statutes at Large Volume 97.djvu/1348

 97 STAT. 1316 PUBLIC LAW 98-186—NOV. 30, 1983 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. Regulations. "(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.". CIVIL PENALTIES; SEMIANNUAL REPORTS SEC. 3. (a) Chapter 30 of title 39, United States Code, is amended by adding at the end thereof the following new sections: 39 USC 3012 "§ 3012. Civil penalties "(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 Ante, p. 1315. 3005(a)(2) of this title; "(2) who fails to comply with an order issued under section 3005(a)(3) of this title; or "(3) who (other than a publisher described by section 3007(b) of this title) has actual knowledge of any such order, is in privity with any person described by paragraph (1) or (2) of this subsection, and engages in conduct to assist any such person to evade, attempt to evade, or fail to comply with any such order, as the case may be, through the use of the mail; shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day that such person engages in conduct described by paragraph (1), (2), or (3) of this subsection. A separate penalty may be assessed under this subsection with respect to the conduct described in each such paragraph. "(b)(l) Whenever, on the basis of any information available to it, the Postal Service finds that any person has engaged, or is engaging, in conduct described by paragraph (1), (2), or (3) of subsection (a), the Postal Service may, under the provisions of section 409(d) of this title, commence a civil action to enforce the civil penalties estab- lished 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 msdl. "(2) If the district court determines that a person has engaged, or is engaging, in conduct described by paragraph (1), (2), or (3) of subsection (a), the court shall determine the civil penalty, if any under this section, taking into account the nature, circumstances, extent, and gravity of the violation or violations of such subsection.

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