on the effective date of regulations prescribed under 
paragraph (2), be mailed— 
‘‘(A) for business purposes between busi-
nesses that— 
‘‘(i) have all government licenses or 
permits that are required in order to do 
business; and 
‘‘(ii) are engaged in tobacco product 
manufacturing, distribution, wholesale, ex-
port, import, testing, investigation, or re-
search; or 
‘‘(B) for regulatory purposes between any 
business described in subparagraph (A) and any 
government agency. 
‘‘(2) REGULATIONS.—The Postal Service may 
prescribe regulations governing mailings under this 
subsection, including regulations to carry out the fol-
lowing: 
‘‘(A) The Postal Service shall verify that 
any person depositing any otherwise non-
mailable tobacco product into the mails under 
this subsection is a business or government 
agency permitted to make such mailing under 
this subsection. 
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‘‘(B) The Postal Service shall ensure that 
any recipient of any otherwise nonmailable to-
bacco product sent through the mails under this 
subsection is a business or government agency 
permitted to receive such mailing under this 
subsection. 
‘‘(C) The mailing shall be sent using a 
method that provides for the tracking and con-
firmation of delivery. 
‘‘(D) The identity of the business or gov-
ernment agency from which the mailing is sent, 
and the identity of the business or government 
agency to which the mailing is sent, shall be 
clearly set forth on the envelope or outside 
cover or wrapper in which such mailing is sent, 
and all of that information shall, for a period 
of at least 3 years from the date of the mailing, 
be kept in Postal Service records and made 
available 
to 
persons 
enforcing 
subsection 
(a)(2)(A). 
‘‘(E) The mailing shall be marked with a 
Postal Service label or marking that makes it 
clear that such mailing— 
‘‘(i) is a permissible mailing of other-
wise nonmailable tobacco products; and 
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‘‘(ii) may be delivered only to a busi-
ness described in paragraph (1)(A) or a 
government employee or entity. 
‘‘(F) The mailing shall be delivered only to 
a verified employee or agent of the recipient 
business or government agency, who— 
‘‘(i) has been duly authorized to ac-
cept such mailing; and 
‘‘(ii) shall be required to sign for the 
mailing. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be considered to subject a gov-
ernment agency or any government employee or 
agent to any penalty or other restriction in connec-
tion with any mailing made by such employee or 
agent, acting within the scope of his employment or 
agency. 
‘‘(h) MAILINGS BETWEEN INDIVIDUALS.— 
‘‘(1) IN GENERAL.—Tobacco products otherwise 
made nonmailable by subsection (a) may be mailed 
between individuals (other than in any of the cir-
cumstances to which subsection (g) applies), for non- 
moneymaking purposes, beginning on the effective 
date of regulations prescribed under paragraph (2). 
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‘‘(2) REGULATIONS.—The Postal Service may 
prescribe regulations establishing the standards and 
requirements which shall govern all mailings under 
this subsection, including regulations to carry out 
the following: 
‘‘(A) The Postal Service shall verify that 
the person depositing the otherwise nonmailable 
tobacco product into the mails is properly iden-
tified on the return address of the mailing. 
‘‘(B) The Postal Service shall require the 
person depositing the otherwise nonmailable to-
bacco product into the mails to affirm that the 
recipient is an individual who is of legal age to 
purchase tobacco products. 
‘‘(C) The Postal Service shall require the 
person depositing the otherwise nonmailable to-
bacco product into the mails to affirm that the 
product is not being sent for moneymaking pur-
poses. 
‘‘(D) The mailing shall weigh not more 
than 10 ounces. 
‘‘(E) The mailing shall be sent using a 
method that provides for the tracking and con-
firmation of delivery. 
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‘‘(F) The Postal Service shall deliver the 
mailing only to the verified recipient (as de-
scribed in subparagraph (B)) at the recipient’s 
address, including an Air/Army Postal Office 
(APO) or Fleet Postal Office (FPO) address. 
‘‘(i) 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; 
‘‘(2) the term ‘smokeless tobacco’ has the 
meaning given such term by section 2341 of title 18; 
and 
‘‘(3) the term ‘State’ includes the District of 
Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands.’’. 
(b) ADMINISTRATIVE SUBPOENAS.—Section 3016(a) 
of title 39, United States Code, is amended in paragraphs 
(1)(A) and (2) by inserting ‘‘3002b or’’ before ‘‘3005(a)’’. 
(c) ENFORCEMENT OF POSTAL SERVICE ORDERS.— 
Section 3012 of title 39, United States Code, is amend-
ed— 
(1) in subsection (b), by striking ‘‘or (d)’’ each 
place it appears and inserting ‘‘(d), or (e)’’; 
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(2) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) Any person who fails to comply with an order 
issued under section 3002b(c)(2) shall be liable to the 
United States for a civil penalty— 
‘‘(1) not to exceed $10,000 for each mailing of 
fewer than 10 pieces; 
‘‘(2) not to exceed $50,000 for each mailing of 
10 to 50 pieces; and 
‘‘(3) not to exceed $100,000 for each mailing of 
more than 50 pieces.’’; and 
(4) in subsection (g) (as so redesignated by 
paragraph (2)), by inserting ‘‘3002b(c)(2) or’’ before 
‘‘3005’’ each place it appears. 
(d) SEMIANNUAL REPORTS.—Section 3013 of title 
39, United States Code, is amended— 
(1) in paragraph (1), by inserting ‘‘3002b(b) 
or’’ before ‘‘3005’’; 
(2) in paragraph (2), by inserting ‘‘3002b(c) 
or’’ before ‘‘3005(e)’’; and 
(3) in paragraph (3), by striking ‘‘section 3007 
of this title’’ and inserting ‘‘section 3002b(c) or sec-
tion 3007, respectively,’’. 
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