Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable.
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 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2932 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2932
To amend title 39, United States Code, to make cigarettes and certain
other tobacco products nonmailable, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2007
Mr. McHugh introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 39, United States Code, to make cigarettes and certain
other tobacco products nonmailable, and for other purposes.
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, 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.--
``(1) In general.--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.
``(2) Hearings.--
``(A) In general.--The Postal Service may determine
that a person has violated subsection (a)(2)(A) only
after notice and an opportunity for a hearing.
Proceedings under this paragraph shall be conducted in
accordance with section 3001(m).
``(B) Penalty considerations.--In determining the
amount of a civil penalty under this paragraph, the
Postal Service shall consider--
``(i) the nature, circumstances, extent,
and gravity of the violation;
``(ii) with respect to the violator, the
degree of culpability, ability to pay, and any
history of prior violations; and
``(iii) such other matters as justice may
require.
``(3) Civil actions to collect.--A civil action may, in
accordance with section 409(g)(2), be brought in an appropriate
district court of the United States to collect a civil penalty
assessed under paragraph (2).
``(4) Disposition of amounts.--Amounts received in payment
of any civil penalties under this subsection shall be deposited
as miscellaneous receipts in the Treasury of the United States.
``(c) Detention of Mail for Temporary Periods.--
``(1) In general.--In preparation for or during the
pendency of proceedings under subsection (b), the Postal
Service may, under the provisions of section 409(g)(2), apply
to the district court in any district in which the defendant is
found or in any district in which is sent or received any mail
deposited in the mails allegedly in violation of subsection
(a)(2)(A), for a temporary restraining order and preliminary
injunction under the procedural requirements of rule 65 of the
Federal Rules of Civil Procedure.
``(2) Requirements.--
``(A) Court orders.--Upon a proper showing, the
court shall enter an order which shall--
``(i) remain in effect during the pendency
of the statutory proceedings or any judicial
review of such proceedings; and
``(ii) direct the detention by the
postmaster, in any and all districts, of the
defendant's incoming mail and outgoing mail,
which is the subject of the proceedings under
subsection (b).
``(B) Proof required.--A proper showing under this
paragraph shall require proof of a likelihood of
success on the merits of the proceedings under
subsection (b).
``(3) Disposition of unrelated mail.--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
subsection (b).
``(d) Definitions.--For purposes of this section--
``(1) the terms `cigarette' and `roll-your-own-tobacco'
have the meanings given them by section 5702 of the Internal
Revenue Code of 1986; and
``(2) the term `smokeless tobacco' has the meaning given
such term by section 2341 of title 18.''.
(b) Administrative Subpoenas.--Section 3016(a) of title 39, United
States Code, is amended in paragraphs (1)(A) and (2) by inserting
``3002b(b) or'' before ``3005(a)''.
(c) Semiannual Reports.--Section 3013 of title 39, United States
Code, is amended--
(1) in paragraph (1), by inserting ``3002b(b) or'' before
``3005''; and
(2) in paragraph (3), by striking ``section 3007 of this
title'' and inserting ``section 3002b(c) or section 3007,
respectively,''.
(d) Amendments to Tariff Act of 1930.--Section 583(c)(1) of the
Tariff Act of 1930 (19 U.S.C. 1583(c)(1)) is amended--
(1) by redesignating subparagraph (K) as subparagraph (L);
and
(2) by inserting after subparagraph (J) the following:
``(K) Cigarettes, smokeless tobacco, or roll-your-
own tobacco (as those terms are defined in section
3002b of title 39, United States Code).''.
(e) 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.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the 60th
day after the date of the enactment of this Act, and shall
apply with respect to any mail matter mailed on or after such
60th day.
(2) Semiannual reports.--The amendments made by subsection
(c) shall apply with respect to reports submitted for reporting
periods (as referred to in section 3013 of title 39, United
States Code) beginning with the reporting period in which
occurs the 60th day after the date of the enactment of this
Act.
SEC. 2. TECHNICAL CORRECTION.
(a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of
title 39, United States Code, are amended by striking ``409(d)'' and
inserting ``409(g)(2)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Postal
Accountability and Enhancement Act (Public Law 109-435).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
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