IB 
Union Calendar No. 452 
110TH CONGRESS 
2D SESSION 
H. R. 5912 
[Report No. 110–711] 
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 
APRIL 29, 2008 
Mr. MCHUGH (for himself, Mr. WAXMAN, Mr. DAVIS of Illinois, Mr. TOM 
DAVIS of Virginia, Mrs. CAPPS, and Mr. MORAN of Virginia) introduced 
the following bill; which was referred to the Committee on Oversight and 
Government Reform 
JUNE 12, 2008 
Additional sponsors: Mr. SHERMAN and Ms. DEGETTE 
JUNE 12, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 29, 2008] 
A BILL 
To amend title 39, United States Code, to make cigarettes 
and certain other tobacco products nonmailable, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PROD-
UCTS. 
(a) IN GENERAL.—Chapter 30 of title 39, United 
States Code, is amended by inserting after section 3002a 
the following: 
‘‘§ 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 di-
rects. 
‘‘(b) CIVIL PENALTY.— 
‘‘(1) IN GENERAL.—Any person who violates sub-
section (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 
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(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 deter-
mining 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.—The Postal 
Service may bring a civil action in an appropriate 
district court of the United States, in accordance with 
section 409(g)(2), to collect a civil penalty under this 
section. 
‘‘(4) DISPOSITION OF AMOUNTS.—Amounts re-
ceived in payment of any civil penalties under this 
subsection shall be deposited as miscellaneous receipts 
in the Treasury of the United States. 
‘‘(c) ORDERS.—Upon evidence satisfactory to the Post-
al Service that any person is, for commercial or money- 
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making purposes, engaged in the sending of mail matter 
which is nonmailable under this section, the Postal Service 
may issue an order which— 
‘‘(1) directs any postmaster, to whom any mail-
ing originating with such person or his representative 
is tendered for transmission through the mails (other 
than a mailing that consists only of one or more 
sealed letters), to refuse to accept any such mailing, 
unless such person or his representative first estab-
lishes to the satisfaction of the postmaster that the 
mailing does not contain any matter which is non-
mailable under this section; and 
‘‘(2) requires the person or his representative to 
cease and desist from mailing any mail matter which 
is nonmailable under this section. 
‘‘(d) PRIMA FACIE EVIDENCE OF PURPOSE.—For the 
purposes of this section, the repeated mailing of matter 
which is nonmailable under this section by any person or 
the advertisement by any person that the person will mail 
cigarettes, smokeless tobacco, or roll-your-own tobacco in re-
turn for payment shall constitute prima facie evidence that 
such person is engaged, for commercial or money-making 
purposes, in the mailing of matter which is nonmailable 
under this section. 
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‘‘(e) COORDINATION OF EFFORTS.—In the enforcement 
of this section, the Postal Service shall cooperate and coordi-
nate its efforts with related activities of any other Federal 
agency or of any State or local government, whenever ap-
propriate. 
‘‘(f) ACTIONS BY STATES RELATING TO CERTAIN TO-
BACCO PRODUCTS.— 
‘‘(1) AUTHORITY OF STATES.—Whenever the at-
torney general of a State (or an official or agency of 
a State or local government designated by the State) 
has reason to believe that any person has engaged or 
is engaging in mailings to residents of that State in 
violation of subsection (a)(2)(A), the State (or des-
ignee) may bring, in an appropriate district court of 
the United States, a civil action to enjoin such mail-
ings, to carry out paragraphs (1) and (4) of sub-
section (b), or to obtain such other relief as the court 
may deem appropriate. 
‘‘(2) RIGHTS
OF
THE
POSTAL
SERVICE.—The 
State (or designee) shall serve prior written notice of 
any action under paragraph (1) upon the Postal 
Service and provide the Postal Service with a copy of 
its complaint, except in any case where such prior 
notice is not feasible, in which case the State (or des-
ignee) shall serve such notice immediately upon insti-
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tuting such action. The Postal Service, in accordance 
with section 409(g)(2), shall have the right (A) to in-
tervene in the action, (B) upon so intervening, to be 
heard on all matters arising therein, and (C) to file 
petitions for appeal. 
‘‘(3) EFFECT ON STATE COURT PROCEEDINGS.— 
Nothing contained in this section shall be construed 
to prohibit an authorized State official from pro-
ceeding in State court on the basis of an alleged viola-
tion of any general civil or criminal statute of such 
State. 
‘‘(4) LIMITATION.—Whenever the Postal Service 
institutes a civil action for violation of subsection 
(a)(2)(A), no State may, during the pendency of such 
action instituted by the Postal Service, subsequently 
institute a separate civil action for any violation of 
subsection (a)(2)(A) against any defendant named in 
the Postal Service’s complaint. 
‘‘(g) DEFINITIONS.—For purposes of this section— 
‘‘(1) the terms ‘cigarette’ and ‘roll-your-own-to-
bacco’ have the meanings given them by section 5702 
of the Internal Revenue Code of 1986; 
‘‘(2) the term ‘smokeless tobacco’ has the meaning 
given such term by section 2341 of title 18; and 
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‘‘(3) the term ‘State’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, and the 
Virgin Islands.’’. 
(b) ADMINISTRATIVE SUBPOENAS.—Section 3016(a) of 
title 39, United States Code, is amended in paragraphs 
(1)(A) and (2) by inserting ‘‘3002b or’’ before ‘‘3005(a)’’. 
(c) ENFORCEMENT OF POSTAL SERVICE ORDERS.— 
Section 3012 of title 39, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘section 
3005(a)(1) 
or’’ 
and 
inserting 
‘‘section 
3002b(c)(1), 3005(a)(1), or’’; and 
(B) 
in 
paragraph 
(2), 
by 
inserting 
‘‘3002b(c)(2) or’’ before ‘‘3005(a)(3)’’; 
(2) in subsection (c), by inserting ‘‘3002b(c) or’’ 
before ‘‘3005(a)’’ each place it appears; and 
(3) in subsection (f), by inserting ‘‘3002b(c) or’’ 
before ‘‘3005’’ each place it appears. 
(d) 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 sec-
tion 3007, respectively,’’. 
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(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 fol-
lowing: 
‘‘3002b. Nonmailability of certain tobacco products.’’. 
(f) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
take effect on the 60th day after the date of the enact-
ment 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 (d) shall apply beginning with the 
report submitted for the reporting period in which oc-
curs 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 sub-
section (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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Union Calendar No. 452 
110TH CONGRESS 
2D SESSION 
H. R. 5912 
[Report No. 110–711] 
A BILL 
To amend title 39, United States Code, to make 
cigarettes and certain other tobacco products 
nonmailable, and for other purposes. 
JUNE 12, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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