SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY 
PRIVILEGES OF STATE AND FEDERAL PRIS-
ONERS FOR COMMERCIAL PURPOSES. 
(a) IN GENERAL.—Chapter 87 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1794. Restrictions on the mailing and delivery 
privileges of State and Federal prisoners 
for commercial purposes 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(d), any person who, while incarcerated in a prison, know-
ingly deposits for mailing or delivery, or knowingly causes 
to be delivered by mail, any property, article, or object, 
with intent that the property, article, or object be placed 
in interstate or foreign commerce, shall be fined under this 
title and imprisoned not less than 3 years and not more 
than 10 years. Any sentence imposed under this sub-
section shall run consecutive to any other sentence im-
posed. 
‘‘(b) PERIOD OF LIMITATIONS.—An indictment for 
any offense punishable under this section may be found 
at any time without limitation. 
‘‘(c) GUIDELINES.—The Director of the Bureau of 
Prisons and the head of the department of corrections, 
or other similar agency, for any State may promulgate 
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uniform guidelines to restrict the privileges of any person 
that violates this section. 
‘‘(d) EXCEPTION.—A person incarcerated in a prison 
may mail or deliver or cause to be delivered by mail title 
to real property, title to motor vehicles, or a security if— 
‘‘(1) the mailing or delivery is to satisfy debt 
that is— 
‘‘(A) imposed by law or a court order, in-
cluding— 
‘‘(i) support obligations; 
‘‘(ii) property taxes; 
‘‘(iii) income taxes; 
‘‘(iv) back taxes; 
‘‘(v) a legal judgment, fine, or restitu-
tion; 
‘‘(vi) fees to cover the cost of incarcer-
ation, including fees for health care while 
incarcerated imposed under section 4048; 
and 
‘‘(vii) other financial obligations man-
dated by law or a court order; or 
‘‘(B) incurred through a contract for— 
‘‘(i) legal services; 
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‘‘(ii) a mortgage on the primary resi-
dence of the immediate family of the pris-
oner; 
‘‘(iii) the education or medical care of 
the prisoner or a member of the immediate 
family of the prisoner; or 
‘‘(iv) life, health, home, or car insur-
ance; or 
‘‘(2) the prisoner’s consent is required by law to 
transfer title for real property, a motor vehicle, or 
security, where a person who is not incarcerated in 
a prison is the owner or a co-owner of that real 
property, motor vehicle, or security. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘prison’— 
‘‘(A) means a Federal or State correc-
tional, detention, or penal facility or any prison, 
institution, or facility in which persons are held 
in custody by direction of or pursuant to a con-
tract or agreement with the Attorney General of 
the United States or with a State; and 
‘‘(B) does not include a halfway house or 
location where a person is under home confine-
ment; 
‘‘(2) the term ‘security’ means— 
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‘‘(A) a note, stock certificate, treasury 
stock certificate, bond, treasury bond, deben-
ture, certificate of deposit, interest coupon, bill, 
check, draft, warrant, debit instrument (as that 
term is defined in section 916(c) of the Elec-
tronic 
Fund 
Transfer 
Act 
(15 
U.S.C. 
1693n(c))), money order, traveler’s check, letter 
of credit, warehouse receipt, negotiable bill of 
lading, evidence of indebtedness, certificate of 
interest in or participation in a profit-sharing 
agreement, collateral-trust certificate, pre-reor-
ganization certificate of subscription, transfer-
able share, investment contract, or voting trust 
certificate; 
‘‘(B) a certificate of interest in, certificate 
of participation in, certificate for, receipt for, or 
warrant or option or other right to subscribe to 
or purchase any item described in subparagraph 
(A); or 
‘‘(C) a blank form of any item described in 
subparagraph (A) or (B); and 
‘‘(3) the terms ‘State’ and ‘support obligation’ 
have the meanings given those terms in section 
228.’’. 
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(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 87 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘1794. Restrictions on the mailing and delivery privileges of State and Federal 
prisoners for commercial purposes.’’. 
SEC. 3. CRIMINAL FORFEITURE. 
Section 982(a) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(9) The court, in sentencing a defendant convicted 
of an offense under section 1794, or of a conspiracy to 
commit such an offense, shall order that the defendant 
forfeit to the United States any real or personal prop-
erty— 
‘‘(A) used or intended to be used to commit, to 
facilitate, or to promote the commission of such of-
fense; and 
‘‘(B) constituting, derived from, or traceable to 
the gross proceeds that the defendant obtained di-
rectly or indirectly as a result of the offense.’’. 
SEC. 4. CIVIL FORFEITURE. 
Any property subject to forfeiture under section 
982(a)(9) of title 18, United States Code, as added by 
this Act, may be forfeited to the United States in a civil 
case in accordance with the procedures set forth in chapter 
46 of title 18, United States Code. 
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