SEC. 902. SEXUALLY ORIENTED ADVERTISING.
(a) CIVIL PENALTY.—Section 3011 of title 39, Unit-
ed States Code, is amended—
(1) by redesignating subsections (b) through (e)
as subsections (c) through (f), respectively; and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b)(1) Upon a finding by the court that a sexually
oriented advertisement has been mailed in violation of sec-
tion 3010(b), the court may assess, on whoever made the
mailing or caused it to be made, a civil penalty of not
less than $500 and not more than $1,500 for each viola-
tion. Each piece of mail sent in violation of section
3010(b) shall constitute a separate violation.
‘‘(2) For purposes of this subsection—
‘‘(A) receipt of a sexually oriented advertise-
ment after the recipient’s name and address have
been listed (as described in section 3010(b)) for at
least 60 days shall create a rebuttable presumption
that such advertisement was mailed more than 30
days after that individual’s name and address be-
came so listed; and
‘‘(B) receipt in the mail of a sexually oriented
advertisement addressed to ‘Occupant’ or ‘Resident’
(or any other term permitted by Postal Service
standards on simplified addressing) at the recipient’s
address, or which is specifically addressed to the re-
cipient, but with an inconsequential error or vari-
ation in the recipient’s name or address, shall, for
purposes of applying the mailing prohibition of sec-
tion 3010(b), create a rebuttable presumption that
such advertisement was mailed to such recipient.
‘‘(3) Any penalty assessed under paragraph (1) shall
be paid to the Postal Service for deposit in the Postal
Service Fund established by section 2003.’’.
(b) REPEAL.—
(1) IN
GENERAL.—Section 3008 of title 39,
United States Code, and the item relating to such
section in the table of sections at the beginning of
chapter 30 of such title, are repealed.
(2) CONFORMING
AMENDMENTS.—(A) Sub-
section (f) of section 3011 of such title 39 (as so re-
designated by subsection (a)) is amended by striking
‘‘section 3006, 3007, or 3008’’ and inserting ‘‘sec-
tion 3006 or 3007’’.
(B) Section 1737 of title 18, United States
Code, is amended—
(i) in subsection (a) by striking ‘‘3008 or’’;
and
(ii) in subsection (b) by striking ‘‘3008(a)
or’’.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 90 days after
the date of the enactment of this Act. The amendments
made by this section shall be treated as if they had never
been enacted for purposes of any mailing made or caused
to be made before this section takes effect.
SEC. 903. ALLOW POSTAL SERVICE TO RETAIN ASSET FOR-
FEITURE RECOVERIES.
Paragraph (7) of section 2003(b) of title 39, United
States Code, is amended to read as follows:
‘‘(7) amounts (including proceeds from the sale
of forfeited items) from any civil forfeiture con-
ducted by the Postal Service and from any forfeiture
resulting from an investigation in which the Postal
Service has primary responsibility, except that noth-
ing in this paragraph shall preclude the Postal Serv-
ice, on such terms as it may determine, from sharing
such amounts with any Federal, State, or local law
enforcement agency which participated in any of the
acts which led to the seizure or forfeiture of the
property; and’’.
SEC. 904. HAZARDOUS MATTER.
(a) CIVIL PENALTY.—Chapter 30 of title 39, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3016. Civil penalty for prohibited mailing and defi-
cient packaging of hazardous matter
‘‘(a) For the purposes of this section—
‘‘(1) the term ‘parcel’ includes any kind of
package, envelope, container, or other piece of mail;
‘‘(2) the term ‘manner’ includes the preparation
and packaging of a piece of mail;
‘‘(3) a person shall be considered to have acted
knowingly if—
‘‘(A) such person had actual knowledge of
the facts giving rise to the violation; or
‘‘(B) a reasonable person acting in the
same circumstances and exercising due care
would have had such knowledge; and
‘‘(4) the term ‘hazardous matter’ has the mean-
ing given such term by section 1716 of title 18.
‘‘(b) Any person—
‘‘(1) who knowingly mails or causes to be
mailed any parcel, the contents of which constitute
or include any hazardous matter which has been de-
clared by statute or Postal Service regulation to be
nonmailable under any circumstances;
‘‘(2) who knowingly mails or causes to be
mailed a parcel in violation of any statute or Postal
Service regulation restricting the time, place, or
manner in which hazardous matter may be mailed;
or
‘‘(3) who knowingly manufactures, distributes,
or sells any container, packaging kit, or similar de-
vice that—
‘‘(A) is represented, marked, certified, or
sold by such person for use in the mailing of
any hazardous matter; and
‘‘(B) fails to conform with any statute or
Postal Service regulation setting forth stand-
ards for containers, packaging kits, or similar
devices used for the mailing of hazardous mat-
ter;
shall be liable to the Postal Service for a civil penalty in
an amount not to exceed $25,000 per violation.
‘‘(c) The Postal Service may enforce this section by
commencing a civil action in accordance with section
409(d). The action may be brought in the district court
of the United States for the district in which the defend-
ant resides or any district in which the defendant conducts
business or in which a violation of this section was discov-
ered.
‘‘(d) In determining the amount of any civil penalty
to be assessed under this section, the district court—
‘‘(1) shall treat as a separate violation—
‘‘(A) each parcel mailed or caused to be
mailed as described in paragraph (1) or (2) of
subsection (b); and
‘‘(B) each container, packaging kit, or
similar device manufactured, distributed, or
sold as described in subsection (b)(3); and
‘‘(2) shall take into account—
‘‘(A) the nature, circumstances, extent,
and gravity of each violation committed; and
‘‘(B) with respect to the person found to
have committed such violation, the degree of
culpability, any history of prior offenses, ability
to pay, effect on ability to continue to do busi-
ness, and such other matters as justice may re-
quire.
‘‘(e) All penalties collected under authority of this
section shall be paid into the Postal Service Fund estab-
lished by section 2003.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 30 of title 39, United States
Code, is amended by adding at the end the following:
‘‘3016. Civil penalty for prohibited mailing and deficient packaging of hazardous
matter.’’.