§ 3012. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3012]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 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
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 $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. A separate penalty may be assessed under this
subsection with respect to the conduct described in each such paragraph.
(b)(1) 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), (c),
or (d), the Postal Service may, under the provisions of section 409(d)
of this title, commence a civil action to enforce the civil penalties
established 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 mail.
(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), (c), or (d), 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, 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)(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, the degree of
culpability and other such matters as justice may require.
(d) Any person who violates section 3001(l) shall be liable to the
United States for a civil penalty not to exceed $10,000 for each mailing
to an individual.
(e) All penalties collected under authority of this section shall be
paid into the Treasury of the United States.
(f) In any proceeding at any time under this section, the defendant
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.
(Added Pub. L. 98-186, Sec. 3(a), Nov. 30, 1983, 97 Stat. 1316; (As
amended Pub. L. 106-168, title I, Sec. 106, Dec. 12, 1999, 113 Stat.
1811.)
Amendments
1999--Subsec. (a). Pub. L. 106-168, Sec. 106(1), in concluding
provisions, substituted ``$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'' for ``$10,000 for each day that such person
engages in conduct described by paragraph (1), (2), or (3) of this
subsection''.
Subsec. (b)(1), (2). Pub. L. 106-168, Sec. 106(2), inserted ``, (c),
or (d)'' after ``of subsection (a)''.
Subsecs. (c) to (f). Pub. L. 106-168, Sec. 106(3), (4), added
subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e)
and (f), respectively.
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
Section 3(b) of Pub. L. 98-186 provided that: ``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 [Nov. 30, 1983].''
Section Referred to in Other Sections
This section is referred to in section 3017 of this title.
