[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).
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