In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Roads for America Act of 
2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An individual who is 65 years of age needs 4 times the 
        amount of light to see at night as compared to an individual 
        who is 25 years of age.
            (2) The AAA Foundation for Traffic Safety projects that by 
        2030 1 in every 4 drivers will be 65 years of age or older.
            (3) Increasing the retroreflectivity and size of traffic 
        signs provides added decision time for older drivers.
            (4) Increasing the retroreflectivity and size of traffic 
        signs also provides for faster response time by emergency 
        medical technicians and police and fire personnel by increasing 
        their ability to read and understand signs and reduce travel 
        time to a site.
            (5) More than 50 percent of traffic accidents resulting in 
        fatalities occur at night, and increased retroreflectivity of 
        traffic signs addresses this issue.
            (6) In 2007, the following deadlines were established in 
        the Manual on Uniform Traffic Control Devices in response to a 
        statutory requirement from Congress:
                    (A) By January 22, 2012, roadway owners must adopt 
                a plan to ensure that their signs meet minimum levels 
                of retroreflectivity.
                    (B) By January 22, 2015, regulatory and warning 
                signs and post-mounted signs must meet minimum levels 
                of retroreflectivity.
                    (C) By January 22, 2018, overhead and street name 
                signs must meet minimum levels of retroreflectivity.
            (7) The Federal Highway Administration has estimated that 
        the cost for making these retroreflectivity improvements for 
        signage throughout the United States is $37,000,000 over a 10-
        year period.
            (8) At no point must a roadway owner replace a sign that 
        meets the minimum levels of retroreflectivity.
            (9) The United States is currently experiencing the worst 
        economic conditions since the Great Depression.
            (10) As a result, local governments across the United 
        States are experiencing one of the most economically 
        challenging times in history, with available revenues unable to 
        match the costs of services demanded by the public.
            (11) To compensate for depressed revenue collections during 
        the economic downturn, counties and cities are adopting severe 
        cost-cutting measures, such as laying off and furloughing 
        employees (including public safety personnel), cancelling or 
        postponing planned capital improvements, deferring necessary 
        maintenance, cutting equipment inventories, and in some cases 
        declaring bankruptcy.
            (12) The costs of employee benefits continue to rise and 
        local governments have to devote more resources to keep up with 
        inflation.
            (13) States are passing along the costs of services to 
        local governments as a method to balance their budgets.
            (14) The outlook for recovery appears to be at least 5 
        years away given that, even when the economy recovers, local 
        governments experience a delay in increased tax collections due 
        to the nature of property tax collections.

SEC. 3. RETROREFLECTIVITY LEVEL STANDARDS APPLICABLE TO TRAFFIC SIGNS.

    (a) In General.--The Secretary of Transportation shall modify the 
target compliance dates for minimum retroreflectivity level standards 
set forth in section 2A.08 of the Manual on Uniform Traffic Control 
Devices for Streets and Highways, 2009 Edition (incorporated by 
reference in subpart F of part 655 of title 23, Code of Federal 
Regulations) so that the following target compliance dates apply:
            (1) A target compliance date of January 22, 2012, for 
        implementation and continued use of an assessment or management 
        method that is designed to maintain traffic sign 
        retroreflectivity at or above the established minimum levels.
            (2) A target compliance date of January 22, 2018, for 
        replacement of regulatory, warning, and post-mounted guide 
        (except street name) signs that are identified using the 
        assessment or management method as failing to meet the 
        established minimum levels.
            (3) A target compliance date of January 22, 2021, for 
        replacement of street name signs and overhead guide signs that 
        are identified using the assessment or management method as 
        failing to meet the established minimum levels.
    (b) Effect on Proposed Regulations.--The Secretary shall revise the 
notice of proposed amendments published in the Federal Register on 
August 31, 2011 (76 Fed. Reg. 54156), to incorporate the target 
compliance dates specified in subsection (a).
    (c) Funding.--The Secretary may use funds available to the 
Secretary to carry out this section notwithstanding any funding 
limitation enacted before the date of enactment of this Act.

SEC. 4. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Highway Signs and Pavement Markings.--Section 148(a)(3)(B)(xi) 
of title 23, United States Code, is amended to read as follows:
                            ``(xi) Installation, replacement, and 
                        upgrade of highway signs and pavement markings, 
                        including any upgrade of materials and the 
                        implementation of any assessment or management 
                        method designed to meet a State-established 
                        performance standard, Federal regulation, or 
                        requirement contained in the Manual on Uniform 
                        Traffic Control Devices relating to minimum 
                        levels of retroreflectivity.''.
    (b) Maintaining Minimum Levels of Retroreflectivity.--
            (1) Definition.--Section 148(a) of such title is amended by 
        adding at the end the following:
            ``(7) Project to maintain minimum levels of 
        retroreflectivity.--The term `project to maintain minimum 
        levels of retroreflectivity' means a project undertaken 
        pursuant to the Manual on Uniform Traffic Control Devices 
        requiring public agencies to use an assessment or management 
        method that is designed to maintain highway sign or pavement 
        marking retroreflectivity at or above prescribed minimum 
        levels.''.
            (2) Eligible projects.--Section 148(d)(1) of such title is 
        amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) any project to maintain minimum levels of 
                retroreflectivity on a public road, whether or not such 
                project is included in the State strategic highway 
                safety plan; or''.
            (3) Increased federal share.--The first sentence of section 
        120(c)(1) of such title is amended by inserting ``maintaining 
        minimum levels of retroreflectivity of highway signs or 
        pavement markings,'' after ``signalization,''.
    (c) Standards for Projects To Upgrade Highway Signs and Pavement 
Markings.--Section 148 of such title is amended by adding at the end 
the following:
    ``(i) Standards for Projects To Upgrade Highway Signs and Pavement 
Markings.--The Secretary shall issue standards for the use of funds 
apportioned to a State under section 104(b)(5) for highway safety 
improvement projects to upgrade highway signs and pavement markings in 
order to meet or exceed minimum maintained levels of retroreflectivity. 
Such standards shall ensure that the projects are carried out so as to 
meet defined criteria, consistent with other safety upgrades, using a 
systematic approach. Such standards shall permit the use of the funds 
for an initial upgrade of highway signs and pavement markings in the 
State, but shall prohibit the funds from being used for maintenance 
activities.''.

Output: Safe Roads for America Act of 2011 - Requires the Secretary of Transportation to modify the target compliance dates for the following minimum retroreflectivity level standards: (1) implementation and continued use of an assessment or management method that is designed to maintain traffic sign retroreflectivity at or above the established minimum levels; (2) replacement of regulatory, warning, and post-mounted guide (except street name) signs identified using the assessment or management method as failing to meet the established minimum levels; and (3) replacement of street name signs and overhead guide signs that are identified using the assessment or management method as failing to meet the established minimum levels.

 Requires the Secretary to revise the notice of proposed amendments published in the Federal Register on August 31, 2011, to incorporate the new target compliance dates.

Includes measures designed to meet a state-established performance standard, federal regulation, or requirement contained in the Manual on Uniform Traffic Control Devices relating to minimum levels of retroreflectivity as projects for purposes of the highway safety improvement program.

Allows a maximum 100% federal share of the costs of construction related to maintaining minimum levels of retroreflectivity of highway signs or pavement markings.

Directs the Secretary to issue standards for the use of funds apportioned to a state for highway safety improvement projects to upgrade highway signs and pavement markings in order to meet or exceed minimum maintained levels of retroreflectivity. Requires such standards to prohibit fund use for maintenance activities.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for Homeowners Act of 
2007''.

SEC. 2. ORIGINATIONS OF CONSUMER CREDIT TRANSACTIONS SECURED BY THE 
              CONSUMER'S PRINCIPAL DWELLING.

    (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) 
is amended by inserting after section 129 the following new section:
``Sec. 129A. Originations of consumer credit transactions secured by 
              the consumer's principal dwelling
    ``(a) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Fully indexed rate.--The term `fully indexed rate' 
        equals the index rate prevailing at the time a consumer credit 
        transaction secured by a consumer's principal dwelling is 
        originated, plus the margin that will apply after the 
        expiration of an introductory interest rate.
            ``(2) Mortgage broker.--The term `mortgage broker' means 
        any person who is defined as a mortgage broker under applicable 
        State law.
    ``(b) Requirements for Originators.--
            ``(1) Ability to pay.--
                    ``(A) In general.--No creditor or mortgage broker 
                may make, provide, or arrange for any consumer credit 
                transaction secured by a consumer's principal dwelling 
                without verifying the consumer's reasonable ability to 
                pay the scheduled payments of the following, as 
                applicable: principal; interest; real estate taxes; 
                homeowner's insurance, assessments, and mortgage 
                insurance premiums.
                    ``(B) Variable interest rate.--In the case of any 
                consumer credit transaction secured by a consumer's 
                principal dwelling for which the applicable annual 
                percentage rate may vary over the life of the credit, 
                the reasonable ability to pay shall be determined, for 
                purposes of this paragraph, on the basis of a fully 
                indexed rate plus 200 basis points and a repayment 
                schedule which achieves full amortization over the life 
                of the extension of credit.
                    ``(C) Verification of consumer income and financial 
                resources.--In the case of any consumer credit 
                transaction secured by a consumer's principal dwelling, 
                the income and financial resources of the consumer 
                shall be verified for purposes of this paragraph by tax 
                returns, payroll receipts, bank records, or other 
                similarly reliable documents.
                    ``(D) Other criteria.--No provision of this 
                paragraph shall be construed as prohibiting reliance on 
                criteria other than a consumer's income and financial 
                resources to establish the reasonable ability of the 
                consumer to repay any consumer credit transaction 
                secured by the consumer's principal dwelling, to the 
                extent such other criteria are also verified through 
                reasonably reliable methods and documentation.
                    ``(E) Consumer statement is insufficient proof.--A 
                statement by a consumer of the consumer's income or 
                financial resources shall not be sufficient to 
                establish the existence of any income or financial 
                resources when verifying the reasonable ability of the 
                consumer to repay any consumer credit transaction 
                secured by the consumer's principal dwelling, for 
                purposes of this paragraph.
            ``(2) Prohibition on steering.--No creditor or mortgage 
        broker may make, provide, or arrange for any consumer credit 
        transaction secured by a consumer's principal dwelling that is 
        of a lower investment grade if--
                    ``(A) the consumer's credit score; or
                    ``(B) comparable underwriting data, in any case in 
                which the creditor or mortgage broker does not utilize 
                credit scoring or a credit score for the consumer is 
                unavailable,
        indicates that the borrower may qualify for a consumer credit 
        transaction, available from or through the creditor or mortgage 
        broker, that is of a higher investment grade.
            ``(3) Prohibition on prepayment penalties for arms.--
                    ``(A) In general.--In the case of any consumer 
                credit transaction secured by a consumer's principal 
                dwelling that provides for variable rates of interest 
                on the credit extended under the transaction, the 
                transaction may not contain terms under which a 
                consumer must pay a prepayment penalty for paying all 
                or part of the principal before the date on which the 
                principal is due.
                    ``(B) Exclusion for jumbo mortgages.--Subparagraph 
                (A) shall not apply to any consumer credit transaction 
                secured by a consumer's principal dwelling the 
                principal amount (as defined in subsection (c)(2)) of 
                which exceeds the maximum dollar amount limitation (for 
                a residence of the applicable size) on the amount of 
                the principal obligation of a mortgage for a 1- to 4-
                family residence that may be purchased by the Federal 
                Home Loan Mortgage Corporation, as then in effect 
                pursuant to section 305(a)(2) of the Federal Home Loan 
                Mortgage Corporation Act.
    ``(c) Limitation on Financed Points, Charges, and Fees.--
            ``(1) In general.--No creditor or mortgage broker may, in 
        connection with any consumer credit transaction secured by the 
        consumer's principal dwelling, include in the principal amount 
        of such transaction any portion of any qualified finance charge 
        in excess of the amount which is equal to 5 percent of the 
        principal amount of the transaction.
            ``(2) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Qualified finance charge.--The term 
                `qualified finance charge' means the sum of--
                            ``(i) the finance charge as determined 
                        under section 106, minus any interest and time 
                        price differential; and
                            ``(ii) all compensation paid to a mortgage 
                        broker from any source in connection with this 
                        transaction.
                    ``(B) Principal amount.--The term `principal 
                amount' means--
                            ``(i) in the case of any consumer credit 
                        transaction under an open end credit plan 
                        secured by the consumer's principal dwelling, 
                        the maximum amount of credit that may be 
                        extended under the terms of such plan as 
                        determined without taking into account any 
                        amount included in determining the finance 
                        charge under section 106; and
                            ``(ii) in the case of any other consumer 
                        credit transaction secured by a consumer's 
                        principal dwelling, the amount financed (as 
                        defined in section 138(a)(2)).
            ``(3) Prohibition on excessive finance charges.--No 
        creditor or mortgage broker may, in connection with any 
        consumer credit transaction secured by the consumer's principal 
        dwelling, impose or receive any amount included in determining 
        the qualified finance charge for such transaction that exceeds 
        the amount which is equal to 5 percent of the principal amount 
        of the transaction.
            ``(4) Exception.--This subsection shall not apply to any 
        consumer credit transaction secured by the consumer's principal 
        dwelling that is ensured or guaranteed by the Secretary of 
        Housing and Urban Development, the Secretary of Veterans 
        Affairs, or the Farmers Home Administration.
    ``(d) Mortgage Broker Duties of Agency.--
            ``(1) In general.--Any mortgage broker acting to obtain or 
        arrange for any consumer credit transaction secured by the 
        consumer's principal dwelling shall be considered to have an 
        agency relationship with the consumer in all cases by operation 
        of law and shall comply with the following duties:
                    ``(A) Mortgage brokers shall act in the consumer's 
                best interest and in the utmost good faith toward each 
                consumer and shall not compromise a consumer's right or 
                interest in favor of another's right or interest, 
                including a right or interest of the mortgage broker.
                    ``(B) A mortgage broker shall not accept, give, or 
                charge any undisclosed compensation or realize any 
                undisclosed remuneration, either through direct or 
                indirect means, that inures to the benefit of the 
                mortgage broker on an expenditure made for the 
                consumer.
                    ``(C) Mortgage brokers shall carry out all lawful 
                instructions given by the consumer.
                    ``(D) Mortgage brokers shall disclose to consumers 
                all material facts of which the mortgage broker has 
                knowledge which might reasonably affect the consumer's 
                rights, interests, or ability to receive the consumer's 
                intended benefit from the consumer credit transaction, 
                but not facts which are reasonably susceptible to the 
                knowledge of the consumer.
                    ``(E) Mortgage brokers shall use reasonable care in 
                performing duties.
                    ``(F) Mortgage brokers shall account to a consumer 
                for all the consumer's money and property received as 
                agent.
            ``(2) Scope.--The duty of agency between mortgage broker 
        and consumer applies when the mortgage broker is acting in the 
        capacity of mortgage broker providing mortgage brokerage 
        services with respect to any consumer credit transaction 
        secured by the consumer's principal dwelling for which the 
        broker is not the creditor.
            ``(3) Rules of construction.--
                    ``(A) Fees for services rendered.--No provision of 
                this subsection shall be construed as prohibiting a 
                mortgage broker from contracting for or collecting a 
                fee for services rendered which had been disclosed to 
                the consumer in advance of the provision of such 
                services.
                    ``(B) Duty of broker.--No provision of this 
                subsection shall be construed as requiring a mortgage 
                broker--
                            ``(i) to obtain or arrange for any consumer 
                        credit transaction secured by the consumer's 
                        principal dwelling on behalf of a consumer that 
                        contains terms or conditions not available to 
                        the mortgage broker in the mortgage broker's 
                        usual course of business; or
                            ``(ii) to obtain or arrange for any 
                        consumer credit transaction secured by the 
                        consumer's principal dwelling from a creditor 
                        with whom the mortgage broker does not have a 
                        business relationship.
    ``(e) Independent Verification of Consumer Counseling Before 
Refinancing Special Mortgages.--
            ``(1) In general.--No creditor or mortgage broker may make, 
        provide, or arrange for any consumer credit transaction secured 
        by the consumer's principal dwelling all or a portion of the 
        proceeds of which are used to fully or partially pay off a 
        special mortgage unless the borrower has obtained a written 
        certification from an authorized independent loan counselor 
        that the borrower has received counseling on the advisability 
        of the transaction.
            ``(2) Definitions.--For purposes of this section, the 
        following definitions shall apply:
                    ``(A) Special mortgage.--The term `special 
                mortgage' means any consumer credit transaction secured 
                by the consumer's principal dwelling that was 
                originated, subsidized, funded, or guaranteed by or 
                through a State, tribal, or local government, or 
                nonprofit organization, that bears 1 or more of the 
                following nonstandard payment terms which substantially 
                benefit the consumer:
                            ``(i) Payments vary with income.
                            ``(ii) Payments of principal or interest 
                        are not required or can be deferred under 
                        specified conditions.
                            ``(iii) Principal or interest is forgivable 
                        under specified conditions.
                            ``(iv) Either no interest or an annual 
                        interest rate of 2 percent or less is charged 
                        in connection with the loan.
                    ``(B) Authorized loan counselor.--The term 
                `authorized independent loan counselor' means any 
                nonprofit, third-party individual or organization 
                providing homebuyer education programs, foreclosure 
                prevention services, mortgage loan counseling, or 
                credit counseling that is certified by the Secretary of 
                Housing and Urban Development, or certified by any 
                State housing agency or nonprofit organization 
                designated by such Secretary, for such purposes.
    ``(f) Minimum Financial Requirements for Mortgage Brokers.--No 
mortgage broker may obtain or arrange for any consumer credit 
transaction secured by the consumer's principal dwelling unless at all 
times the mortgage broker--
            ``(1) maintains a minimum net worth, net of intangibles, of 
        at least $500,000, as determined in accordance with generally 
        accepted accounting principles; or
            ``(2) maintains a surety bond or irrevocable letter of 
        credit in the amount of $50,000.
    ``(g) Enforcement.--For purposes of providing a cause of action for 
any failure by a mortgage broker to comply with any requirement imposed 
under this section, section 130(a) shall be applied with respect to any 
such failure--
            ``(1) by substituting `mortgage broker' for `creditor' each 
        place such term appears in such section; and
            ``(2) by treating all qualified finance charges (as defined 
        in subsection (c)(2)(A)) incurred in the origination of any 
        consumer credit transaction secured by the consumer's principal 
        dwelling as actual damages sustained by the consumer as a 
        result of the failure.
    ``(h) Exclusion of Reverse Mortgages.--This section shall not apply 
with respect to any consumer mortgage transaction that constitutes a 
reverse mortgage.''.
    (b) Technical and Conforming Amendments.--The Truth in Lending Act 
is amended--
            (1) in section 103 (u) (15 U.S.C. 1602(u)), by striking 
        ``and the disclosures required by section 129(a)'' and 
        inserting ``and the provisions of section 129 and 129A''; and
            (2) in section 130 (15 U.S.C. 1640), by inserting ``or 
        129A'' after section 129 each place such term appears.
    (c) Clerical Amendment.--The table of sections for chapter 2 of the 
Truth in Lending Act is amended by inserting after the item relating to 
section 129 the following new item:

``129A. Originations of consumer credit transactions secured by the 
                            consumer's principal dwelling.''.

Output: Fairness for Homeowners Act of 2007 - Amends the Truth in Lending Act to prohibit any creditor or mortgage broker from making, providing, or arranging for any consumer credit transaction secured by a consumer's principal dwelling without verifying the consumer's reasonable ability to make the scheduled payments of principal, interest (including variable interest), real estate taxes, homeowner's insurance, assessments, and mortgage insurance premiums.

Prescribes criteria for determining the reasonable ability to make such payments.

Prohibits steering (arranging for a lower investment grade credit transaction if the consumer qualifies for a higher investment grade transaction) and prepayment penalties for adjustable rate mortgages (ARMs) that are not jumbo mortgages.

Limits financed points, finance charges, and fees to 5% of a transaction's principal, unless the transaction is ensured or guaranteed by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or the Farmers Home Administration.

Specifies duties of agency for mortgage brokers acting to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling.

Requires creditors and mortgage brokers to obtain independent verification that a borrower seeking to refinance a special mortgage has received counseling on the transaction's advisability. Defines "special mortgage" as one that: (1) was originated, subsidized, funded, or guaranteed by or through a state, tribal, or local government, or nonprofit organization; and (2) bears one or more specified nonstandard payment terms which substantially benefit the consumer.

Prescribes minimum financial requirements for mortgage brokers.

Excludes reverse mortgages from coverage by this Act.


Input: Consider Input: SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS.

    (a) In General.--Chapter 30 of title 39, United States Code, is 
amended by inserting after section 3002a the following:
``Sec. 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 subsection (a)(2)(A) only 
                after notice and an opportunity for a hearing. 
                Proceedings under this paragraph shall be conducted in 
                accordance with section 3001(m).
                    ``(B) Penalty considerations.--In determining the 
                amount of a civil penalty under this paragraph, the 
                Postal Service shall consider--
                            ``(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 received in payment 
        of any civil penalties under this subsection shall be deposited 
        as miscellaneous receipts 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 mailing 
        originating with such person or his representative is tendered 
        for transmission through the mails (other than a mailing that 
        consists only of one or 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 matter 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 
tobacco 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 enforcement 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, whenever appropriate.
    ``(f) Actions by States Relating to Certain Tobacco Products.--
            ``(1) Authority of states.--Whenever the attorney 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 residents 
        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, to 
        carry out paragraphs (1) and (4) of subsection (b), or to 
        obtain such 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 
        designee) shall serve such notice immediately upon instituting 
        such action. The Postal Service, in accordance with section 
        409(g)(2), shall have the right (A) to intervene in the action, 
        (B) upon so intervening, to be heard on all matters arising 
        therein, and (C) to file petitions for appeal.
            ``(3) Effect on state court proceedings.--Nothing contained 
        in this section shall be construed to prohibit an authorized 
        State official from proceeding in State court on the basis of 
        an alleged violation of any general civil or criminal statute 
        of such State.
            ``(4) Limitation.--Whenever the Postal Service 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, subsequently institute a separate civil action 
        for any violation 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-tobacco' 
        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, and the Virgin 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 amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``section 
                3005(a)(1) or'' and inserting ``section 3002b(c)(1), 
                3005(a)(1), or''; and
                    (B) in paragraph (2), by inserting ``3002b(c)(2) 
                or'' before ``3005(a)(3)'';
            (2) in subsection (c), by inserting ``3002b(c) or'' before 
        ``3005(a)'' each place it appears; and
            (3) in subsection (f), by inserting ``3002b(c) 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''; and
            (2) in paragraph (3), by striking ``section 3007 of this 
        title'' and inserting ``section 3002b(c) or section 3007, 
        respectively,''.
    (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 paragraph (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 respect to any mail matter mailed on or after such 
        60th day.
            (2) Semiannual reports.--The amendments made by subsection 
        (d) shall apply beginning with the report submitted for 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 amended 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 enactment of the Postal 
Accountability and Enhancement Act (Public Law 109-435).


Output: Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable.

Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs.

Provides a civil penalty for each mailing violation.

Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is, for commercial or moneymaking purposes, engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter.

Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; (2) impose civil penalties; or (3) obtain other relief.