CIVIL PENALTIES AND COSTS.

SEC. 106. CIVIL PENALTIES AND COSTS. Section 3012 of title 39, United States Code, is amended— (1) in subsection (a) by striking “$10,000 for each day that such person engages in conduct described by paragraph (1), (2), or (3) of this subsection.” and inserting “$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.”; (2) in paragraphs (1) and (2) of subsection (b) by inserting after “of subsection (a)” the following: “, (c), or (d)”; (3) by redesignating subsections (c) and (d), as subsections (e) and (f), respectively; and (4) by inserting after subsection (b) the following: “(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,113 STAT. 1812 the degree of culpability and other such matters as justice may require. “(d) Any person who violates section 3001(1) shall be liable to the United States for a civil penalty not to exceed $10,000 for each mailing to an individual.”.