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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3097 Introduced in House (IH)]

  2d Session
                                H. R. 3097

   To amend title 18, United States Code, to prohibit the mailing of 
                          certain mail matter.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 1996

Mrs. Johnson of Connecticut (for herself and Mrs. Kennelly) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend title 18, United States Code, to prohibit the mailing of 
                          certain mail matter.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Graphic Postcard Act of 1996''.

SEC. 2. NONMAILABILITY OF CERTAIN MAIL MATTER.

    Section 1463 of title 18, United States Code, is amended--
            (1) in the first paragraph by inserting ``(a)(1)'' before 
        ``All matter'';
            (2) in the second paragraph by inserting ``(2)'' before 
        ``Whoever'' and by striking ``section'' and inserting 
        ``subsection''; and
            (3) by adding at the end the following:
    ``(b)(1) All matter otherwise mailable by law, upon the envelope or 
outside cover or wrapper of which, and all postal cards upon which, any 
delineations, epithets, terms, photographs, drawings, visual 
depictions, or language of a violent or clinically graphic character, 
or unsuitable for persons under 18 years of age, are written or printed 
or otherwise impressed or apparent, are nonmailable matter, and shall 
not be conveyed in the mails nor delivered from any post office nor by 
any letter carrier, and shall be withdrawn from the mails under such 
regulations as the Postal Service shall prescribe, except as provided 
in paragraph (2).
    ``(2) Paragraph (1) shall not apply with respect to any mail matter 
which is enclosed in an envelope or other outside cover or wrapper 
which--
            ``(A) bears on its face, in conspicuous and legible type in 
        contrast by typography, layout, or color, in accordance with 
        regulations which the Postal Service shall prescribe, such 
        notice as the Postal Service shall by regulation require as to 
        the nature of the contents of the mailing; and
            ``(B) satisfies such other requirements as the Postal 
        Service may by regulation prescribe in order to carry out the 
        purposes of this subsection.
    ``(3) Whoever knowingly deposits for mailing or delivery, anything 
declared by this subsection to be nonmailable matter, or knowingly 
takes the same from the mails for the purpose of circulating or 
disposing of or aiding in the circulation or disposition of the same, 
shall be fined under this title or imprisoned not more than 5 years, or 
both, for the first such offense, and shall be fined under this title 
or imprisoned not more than 10 years, or both, for each such offense 
thereafter.''.
                                 <all>
```