[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3816 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3816

To prohibit the shipment of tobacco products in the mail, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2006

  Ms. Collins introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To prohibit the shipment of tobacco products in the mail, 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. TOBACCO AS NONMAILABLE MATTER.

    Section 3001 of title 39, United States Code, is amended by 
inserting after subsection (n) the following:
    ``(o)(1) In this section--
            ``(A) the terms `cigarette', `pipe tobacco', and `roll-
        your-own tobacco' have the meanings given such terms under 
        section 5702 of the Internal Revenue Code of 1986;
            ``(B) the term `smokeless tobacco' has the meaning given 
        such term under section 5702 of the Internal Revenue Code of 
        1986, and includes any product containing tobacco that is 
        intended to be placed in the oral or nasal cavity or otherwise 
        expected or intended to be consumed without being combusted; 
        and
            ``(C) the term `tobacco product' means cigarettes, pipe 
        tobacco, roll-your-own tobacco and smokeless tobacco.
    ``(2)(A) Except as provided under subparagraphs (B) and (C), the 
shipment in the mails of any tobacco product for purposes of sale is 
prohibited, and tobacco products mailed for such purpose are 
nonmailable and shall not be deposited in or carried through the mails.
    ``(B) Subparagraph (A) shall apply only to shipments deposited in 
the mails, or addressed to a delivery point, in a State that is 
contiguous with at least 1 other State of the United States.
    ``(C) Nothing in subparagraph (A) is intended to prohibit from the 
mails the shipment of tobacco products sent for purposes of testing and 
evaluation or replacement of defective tobacco products.
    ``(D) The Postal Service may by regulation establish mailing 
standards to carry out this paragraph.
    ``(3)(A)(i) In addition to any other penalties or fines provided 
for by law, any person who violates paragraph (2) for commercial or for 
profit purposes shall be liable to the United States for a civil 
penalty for a first violation in the amount of $5,000 or 10 times the 
estimated retail value of the tobacco products, including all Federal, 
State, and local taxes, whichever is highest, and for a second or 
subsequent violation in an amount not to exceed $100,000 for each 
violation.
    ``(ii) In determining the amount of the civil penalty for second 
and subsequent violations described under clause (i), the following 
factors may be considered:
            ``(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.
            ``(III) Such other matters as justice may require.
    ``(B) The Postal Service may determine that a person has violated 
paragraph (2) only after notice and an opportunity for a hearing. 
Proceedings under this paragraph shall be conducted in accordance with 
subsection (m).
    ``(C) Notwithstanding any other provision of law, an amount equal 
to 50 percent of any civil penalties collected by the United States 
Government under subparagraph (A) shall be directed to the Postal 
Service for the purpose of administering and enforcing this subsection. 
All other amounts received in payment of any such civil penalties under 
subparagraph (A) in any action commenced by the United States 
Government shall be deposited as miscellaneous receipts in the Treasury 
of the United States.''.
                                 <all>