Page:United States Statutes at Large Volume 97.djvu/1349

 PUBLIC LAW 98-186—NOV. 30, 1983 97 STAT. 1317 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) All penalties collected under authority of this section shall be paid into the Treasury of the United States. "(d) In any proceeding at any time under this section, the defend- ant 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. "§ 3013. Semiannual reports on investigative activities of the Postal Service "The Postmaster General shall submit semiannual reports to the Board 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 begin- ning on April 1 and ending on September 30. Each such report shall be submitted within sixty days 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; and "(5) such other information relating to the investigative activ- ities of the Postal Service as the Board may require. Upon approval of a report submitted under the first sentence of this section, the Board shall transmit such report to the Congress.". (b) 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. (c) The analysis for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3011 the following new items: "3012. Civil penalties. "3013. Semiannual reports on investigative activities of the Postal Service.". Judicial review. 5 USC 701 et seq. 39 USC 3013. Ante, p. 1315. Transmittal to Congress. 39 USC 3012 note. CONSUMER EDUCATION PROGRAM ON SCHEMES INVOLVING FALSE REPRESENTATIONS SEC. 4. (a) As soon as practicable after the date of enactment of this Act, the Postmaster General or his designee, following consulta- tion with representatives of the mail order industry, shall develop and carry out a program designed to provide consumer education to 39 USC 3005 note.

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