Page:United States Statutes at Large Volume 113 Part 3.djvu/293

 PUBLIC LAW 106-168—DEC. 12, 1999 113 STAT. 1811 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 shall be in the district in which the order under subsection (a) was issued.". (b) REPEAL. — (1) IN GENERAL. — Section 3006 of title 39, United States Code, and the item relating to such section in the table of sections for chapter 30 of such title are repealed. (2) CONFORMING AMENDMENTS. — (A) Section 3005(c) of title 39, United States Code, is amended by striking "section and section 3006 of this title," and inserting "section,". (B) Section 3011(e) of title 39, United States Code, is amended by striking "3006, 3007," and inserting "3007". 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,

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