I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PROD4 UCTS. 

5 (a) IN GENERAL.—Chapter 30 of title 39, United 

6 States Code, is amended by inserting after section 3002a 

7 the following: 

8 ‘‘§ 3002b. Nonmailability of certain tobacco products 

9 ‘‘(a) IN GENERAL.—Cigarettes, smokeless tobacco, 

10 pipe tobacco, and roll-your-own-tobacco— 
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1 ‘‘(1) are nonmailable matter; 

2 ‘‘(2) shall not be— 

3 ‘‘(A) deposited in the mails; or 

4 ‘‘(B) carried or delivered through the 

5 mails; and 

6 ‘‘(3) shall be disposed of as the Postal Service 

7 directs. 

8 ‘‘(b) CIVIL PENALTY.—Any person who violates sub9 section (a)(2)(A) shall be liable to the United States for 

10 a civil penalty in an amount not to exceed $100,000 for 

11 each violation. 

12 ‘‘(c) HEARINGS.—The Postal Service may determine 

13 that a person has violated subsection (a) only after notice 

14 and an opportunity for a hearing. Proceedings under this 

15 subsection shall be conducted in accordance with section 

16 3001(m). 

17 ‘‘(d) PENALTY CONSIDERATIONS.—In determining 

18 the amount of a civil penalty under this section, the Postal 

19 Service shall consider— 

20 ‘‘(1) the nature, circumstances, extent, and 

21 gravity of the violation; 

22 ‘‘(2) with respect to the violator, the degree of 

23 culpability, ability to pay, and any history of prior 

24 violations; and 

25 ‘‘(3) such other matters as justice may require. 
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1 ‘‘(e) CIVIL ACTIONS TO COLLECT.—A civil action 

2 may be brought in an appropriate district court of the 

3 United States, in accordance with section 409(d), to col4 lect a civil penalty under this section. 

5 ‘‘(f) DISPOSITION OF AMOUNTS.—Amounts received 

6 in payment of any civil penalties under this section shall 

7 be deposited as miscellaneous receipts in the Treasury of 

8 the United States. 

9 ‘‘(g) DEFINITIONS.—For purposes of this section, the 

10 terms ‘cigarette’, ‘smokeless tobacco’, ‘pipe tobacco’, and 

11 ‘roll-your-own-tobacco’ have the meanings given them by 

12 section 5702 of the Internal Revenue Code of 1986.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 30 of title 39, United States Code, is amended 

15 by inserting after the item relating to section 3002a the 

16 following: 

‘‘3002b. Nonmailability of certain tobacco products.’’. 

17 SEC. 2. EFFECTIVE DATE. 

18 The amendments made by section 1 shall take effect 

19 60 days after the date of the enactment of this Act, and 

20 shall apply with respect to any mail matter mailed on or 

21 after that effective date. 

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