To amend title 39, United States Code, to make cigarettes and certain other tobacco products nonmailable.

Amends federal postal law to make all types of tobacco products nonmailable. Includes as tobacco products cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco.

Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs.

Provides a civil penalty for each mailing violation.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2813 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2813

 To amend title 39, United States Code, to make cigarettes and certain 
                  other tobacco products nonmailable.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2005

Mr. McHugh (for himself, Mr. Tom Davis of Virginia, Mr. Waxman, and Mr. 
Davis of Illinois) introduced the following bill; which was referred to 
                   the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To amend title 39, United States Code, to make cigarettes and certain 
                  other tobacco products nonmailable.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS.

    (a) In General.--Chapter 30 of title 39, United States Code, is 
amended by inserting after section 3002a the following:
``Sec. 3002b. Nonmailability of certain tobacco products
    ``(a) In General.--Cigarettes, smokeless tobacco, pipe tobacco, and 
roll-your-own-tobacco--
            ``(1) are nonmailable matter;
            ``(2) shall not be--
                    ``(A) deposited in the mails; or
                    ``(B) carried or delivered through the mails; and
            ``(3) shall be disposed of as the Postal Service directs.
    ``(b) Civil Penalty.--Any person who violates subsection (a)(2)(A) 
shall be liable to the United States for a civil penalty in an amount 
not to exceed $100,000 for each violation.
    ``(c) Hearings.--The Postal Service may determine that a person has 
violated subsection (a) only after notice and an opportunity for a 
hearing. Proceedings under this subsection shall be conducted in 
accordance with section 3001(m).
    ``(d) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Postal Service shall consider--
            ``(1) the nature, circumstances, extent, and gravity of the 
        violation;
            ``(2) with respect to the violator, the degree of 
        culpability, ability to pay, and any history of prior 
        violations; and
            ``(3) such other matters as justice may require.
    ``(e) Civil Actions to Collect.--A civil action may be brought in 
an appropriate district court of the United States, in accordance with 
section 409(d), to collect a civil penalty under this section.
    ``(f) Disposition of Amounts.--Amounts received in payment of any 
civil penalties under this section shall be deposited as miscellaneous 
receipts in the Treasury of the United States.
    ``(g) Definitions.--For purposes of this section, the terms 
`cigarette', `smokeless tobacco', `pipe tobacco', and `roll-your-own-
tobacco' have the meanings given them by section 5702 of the Internal 
Revenue Code of 1986.''.
    (b) Clerical Amendment.--The table of sections for chapter 30 of 
title 39, United States Code, is amended by inserting after the item 
relating to section 3002a the following:

``3002b. Nonmailability of certain tobacco products.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by section 1 shall take effect 60 days after 
the date of the enactment of this Act, and shall apply with respect to 
any mail matter mailed on or after that effective date.
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