II 111th CONGRESS 2d Session S. 3764 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.

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).