[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3764 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3764

To amend section 1716E of title 18, United States Code, to clarify the 
 application of the exception for the noncommercial mailing of tobacco 
                products to members of the Armed Forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

   Mr. Kohl introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 1716E of title 18, United States Code, to clarify the 
 application of the exception for the noncommercial mailing of tobacco 
                products to members of the Armed Forces.

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

SECTION 1. MAILING OF TOBACCO PRODUCTS.

    (a) Findings; Purpose.--
            (1) Findings.--Congress finds the following:
                    (A) The PACT Act (Public Law 111-154; 124 Stat. 
                1087) was intended to address the problem of cigarette 
                trafficking and prevent minors from obtaining 
                cigarettes. The PACT Act does so by, among other 
                things, making cigarettes and smokeless tobacco 
                generally nonmailable to consumers through the United 
                States Postal Service.
                    (B) The PACT Act included an exception to 
                nonmailability for noncommercial mailings between 2 
                adults. This was included expressly to allow for care 
                packages to members of the Armed Forces.
                    (C) The regulations governing the mailing of 
                cigarettes and smokeless tobacco under that exception 
                issued by the United States Postal Service required 
                that tobacco products be sent via Express Mail. 
                However, Express Mail delivery is not available in Iraq 
                and Afghanistan, where many members of the Armed Forces 
                are stationed. This is expressly contrary to 
                congressional intent that care packages containing 
                cigarettes and smokeless tobacco be allowed.
            (2) Purpose.--This Act makes technical corrections to 
        ensure that members of the Armed Forces may receive care 
        packages containing cigarettes and smokeless tobacco products.
    (b) Mailing.--Section 1716E(b)(4)(B)(ii) of title 18, United States 
Code, is amended--
            (1) in subclause (III), by inserting ``that is not a 
        mailing to a recipient at an Air/Army Postal Office or Fleet 
        Postal Office for a location outside the United States'' after 
        ``under this paragraph'';
            (2) in subclause (IV), by inserting ``that is not a mailing 
        to a recipient at an Air/Army Postal Office or Fleet Postal 
        Office for a location outside the United States'' after 
        ``subparagraph (A)'';
            (3) in subclause (V), by inserting ``that is not a mailing 
        to a recipient at an Air/Army Postal Office or Fleet Postal 
        Office for a location outside the United States'' after 
        ``subparagraph (A)''; and
            (4) in subclause (VI)--
                    (A) by striking ``Postal Service shall deliver'' 
                and inserting the following: ``Postal Service shall--
                                            ``(aa) deliver''; and
                    (B) by striking ``at the recipient address or 
                transfer'' and all that follows and inserting the 
                following: ``at the recipient address; or
                                            ``(bb) for a mailing to a 
                                        recipient at an Air/Army Postal 
                                        Office or Fleet Postal Office 
                                        for a location outside the 
                                        United States, transfer the 
                                        package for delivery to the 
                                        Air/Army Postal Office or Fleet 
                                        Postal Office number designated 
                                        in the recipient address, 
                                        without verifying whether the 
                                        recipient is a minor; and''.
    (c) Implementation; Revised Regulations.--The Postmaster General 
shall--
            (1) immediately implement the amendments made by subsection 
        (b); and
            (2) not later than 30 days after the date of enactment of 
        this Act, and without regard to the provisions of chapter 5 of 
        title 5, United States Code, promulgate revised regulations to 
        carry out the exception to the nonmailability of tobacco 
        products under section 1716E(b)(4) of title 18, United States 
        Code, as amended by subsection (b).
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