I 
110TH CONGRESS 
2D SESSION 
H. R. 5912 
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 
A BILL 
To amend title 39, United States Code, to make cigarettes 
and certain other tobacco products nonmailable, and for 
other purposes. 
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: 
VerDate Aug 31 2005 
06:25 Apr 30, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5912.IH
H5912
erowe on PRODPC61 with BILLS
‘‘§ 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 
directs. 
‘‘(b) CIVIL PENALTY.— 
‘‘(1) IN
GENERAL.—Any person who violates 
subsection (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 sub-
section (a)(2)(A) only after notice and an op-
portunity for a hearing. Proceedings under this 
paragraph shall be conducted in accordance 
with section 3001(m). 
‘‘(B) PENALTY CONSIDERATIONS.—In de-
termining the amount of a civil penalty under 
this paragraph, the Postal Service shall con-
sider— 
VerDate Aug 31 2005 
06:25 Apr 30, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5912.IH
H5912
erowe on PRODPC61 with BILLS
‘‘(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 re-
ceipts in the Treasury of the United States. 
‘‘(c) ORDERS.—Upon evidence satisfactory to the 
Postal Service that any person is, for commercial or 
money-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 representa-
tive is tendered for transmission through the mails 
(other than a mailing that consists only of one or 
VerDate Aug 31 2005 
06:25 Apr 30, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5912.IH
H5912
erowe on PRODPC61 with BILLS
more sealed letters), to refuse to accept any such 
mailing, unless such person or his representative 
first establishes to the satisfaction of the postmaster 
that the mailing does not contain any matter which 
is nonmailable 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 mat-
ter 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 to-
bacco in return 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. 
‘‘(e) COORDINATION OF EFFORTS.—In the enforce-
ment of this section, the Postal Service shall cooperate and 
coordinate its efforts with related activities of any other 
Federal agency or of any State or local government, when-
ever appropriate. 
‘‘(f) ACTIONS BY STATES RELATING TO CERTAIN TO-
BACCO PRODUCTS.— 
‘‘(1) AUTHORITY OF STATES.— 
VerDate Aug 31 2005 
06:25 Apr 30, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5912.IH
H5912
erowe on PRODPC61 with BILLS
‘‘(A) IN GENERAL.—Whenever the attor-
ney 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 resi-
dents of that State in violation of subsection 
(a)(2)(A), the State (or designee) may bring, in 
an appropriate district court of the United 
States, a civil action to enjoin such mailings or 
to enforce subsection (b). 
‘‘(B) OTHER RELIEF.—A State, through 
its attorney general (or an official or agency of 
a State or local government designated by the 
State), may in a civil action under subpara-
graph (A) also obtain damages equal to the 
amount that would be owed as State and local 
tobacco taxes by residents of the State and such 
further and 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 
VerDate Aug 31 2005 
06:25 Apr 30, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5912.IH
H5912
erowe on PRODPC61 with BILLS
designee) shall serve such notice immediately upon 
instituting such action. The Postal Service, in ac-
cordance with section 409(g)(2), shall have the right 
(A) to intervene in the action, (B) upon so inter-
vening, to be heard on all matters arising therein, 
and (C) to file petitions for appeal. 
‘‘(3) 
EFFECT
ON
STATE
COURT
PRO-
CEEDINGS.—Nothing contained in this section shall 
be construed to prohibit an authorized State official 
from proceeding in State court on the basis of an al-
leged violation of any general civil or criminal stat-
ute of such State. 
‘‘(4) LIMITATION.—Whenever the Postal Serv-
ice 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, subse-
quently institute a separate civil action for any viola-
tion 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; 
VerDate Aug 31 2005 
06:25 Apr 30, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5912.IH
H5912
erowe on PRODPC61 with BILLS