(a)(2)(A), for a temporary restraining order and 
preliminary injunction under the procedural require-
ments of rule 65 of the Federal Rules of Civil Proce-
dure. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) COURT
ORDERS.—Upon a proper 
showing, the court shall enter an order which 
shall— 
‘‘(i) remain in effect during the pend-
ency of the statutory proceedings or any 
judicial review of such proceedings; and 
‘‘(ii) direct the detention by the post-
master, in any and all districts, of the de-
fendant’s incoming mail and outgoing mail, 
which is the subject of the proceedings 
under subsection (b). 
‘‘(B) PROOF REQUIRED.—A proper show-
ing under this paragraph shall require proof of 
a likelihood of success on the merits of the pro-
ceedings under subsection (b). 
‘‘(3) DISPOSITION OF UNRELATED MAIL.—Mail 
detained under paragraph (2) shall— 
‘‘(A) be made available at the post office of 
mailing or delivery for examination by the de-
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fendant in the presence of a postal employee; 
and 
‘‘(B) be delivered as addressed if such mail 
is not clearly shown to be the subject of pro-
ceedings under subsection (b). 
‘‘(d) 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; and 
‘‘(2) the term ‘smokeless tobacco’ has the 
meaning given such term by section 2341 of title 
18.’’. 
(b) ADMINISTRATIVE SUBPOENAS.—Section 3016(a) 
of title 39, United States Code, is amended in paragraphs 
(1)(A) and (2) by inserting ‘‘3002b(b) or’’ before 
‘‘3005(a)’’. 
(c) SEMIANNUAL REPORTS.—Section 3013 of title 
39, United States Code, is amended— 
(1) in paragraph (1), by inserting ‘‘3002b(b) 
or’’ before ‘‘3005’’; and 
(2) in paragraph (3), by striking ‘‘section 3007 
of this title’’ and inserting ‘‘section 3002b(c) or sec-
tion 3007, respectively,’’. 
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(d) AMENDMENTS TO TARIFF ACT OF 1930.—Sec-
tion 583(c)(1) of the Tariff Act of 1930 (19 U.S.C. 
1583(c)(1)) is amended— 
(1) by redesignating subparagraph (K) as sub-
paragraph (L); and 
(2) by inserting after subparagraph (J) the fol-
lowing: 
‘‘(K) Cigarettes, smokeless tobacco, or roll- 
your-own tobacco (as those terms are defined in 
section 3002b of title 39, United States 
Code).’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
for chapter 30 of title 39, United States Code, is amended 
by inserting after the item relating to section 3002a the 
following: 
‘‘3002b. Nonmailability of certain tobacco products.’’. 
(f) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on the 60th day after the date of 
the enactment of this Act, and shall apply with re-
spect to any mail matter mailed on or after such 
60th day. 
(2) SEMIANNUAL REPORTS.—The amendments 
made by subsection (c) shall apply with respect to 
reports submitted for reporting periods (as referred 
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to in section 3013 of title 39, United States Code) 
beginning with the reporting period in which occurs 
the 60th day after the date of the enactment of this 
Act. 
SEC. 2. TECHNICAL CORRECTION. 
(a) IN GENERAL.—Sections 3007(a)(1), 3012(b)(1), 
and 3018(f)(1) of title 39, United States Code, are amend-
ed by striking ‘‘409(d)’’ and inserting ‘‘409(g)(2)’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of the Postal Accountability and Enhancement Act 
(Public Law 109–435). 
Æ 
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