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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lewis and Clark Voyage of Scientific 
Discovery Act''.

SEC. 2. LONG-TERM MONITORING PROGRAM.

    (a) Establishment.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of the Interior, in consultation 
with the Director of the United States Geological Survey, shall 
establish a program at the River Studies Center of the Biological 
Resources Division of the United States Geological Survey, located in 
Columbia, Missouri--
            (1) to determine and monitor the biological and chemical 
        characteristics of the Missouri River;
            (2) to determine and monitor the interrelationship of those 
        characteristics with the hydrology and geomorphology of the 
        river; and
            (3) to monitor and assess the biota, including threatened 
        or endangered species, habitats, and water quality of the 
        Missouri River.
    (b) Development.--To develop the program, the Secretary of the 
Interior and the Director of the United States Geological Survey shall 
consult with--
            (1) the Governors of affected States, acting through--
                    (A) the Missouri River Natural Resources Committee; 
                and
                    (B) the Missouri River Basin Association; and
            (2) the Secretary of Agriculture;
            (3) the Secretary of the Army;
            (4) the Western Area Power Administration;
            (5) the Administrator of the Environmental Protection 
        Agency; and
            (6) the Missouri River Basin Tribes.
    (c) Activities.--The program under subsection (b) shall provide 
scientific information to--
            (1) guide operation and management of the Missouri River; 
        and
            (2) measure and model the impact of management alternatives 
        through--
                    (A) monitoring of biota, including threatened or 
                endangered species, habitats, and water quality;
                    (B) focused investigations of cause and effect 
                relationships; and
                    (C) identification and evaluation of methods to 
                conserve fish and wildlife, including threatened and 
                endangered species.
    (d) Baseline.--The program under subsection (b) shall establish a 
baseline of conditions against which future activities can be measured.
    (e) Database.--The Secretary of the Interior shall--
            (1) establish a database on Missouri River biota, including 
        threatened or endangered species, habitats, and water quality; 
        and
            (2) make the database readily available to the public.
    (f) Report.--Not later than 3 years after the date of establishment 
of the program under subsection (b), and not less frequently than every 
3 years thereafter, the Secretary of the Interior, acting through the 
Director of the United States Geological Survey, shall--
            (1) review the program;
            (2) as necessary, establish and revise the objectives of 
        the program; and
            (3) submit to Congress a report on the environmental health 
        of the Missouri River.
    (g) Indian Tribes.--Notwithstanding any other provision of law, the 
Secretary of the Interior shall enter into contracts, pursuant to the 
Indian Self Determination Act (title I of the Indian Self Determination 
and Education Assistance Act; 25 U.S.C. chapter 14, subchapter II, part 
A (25 U.S.C. 450f et. seq.)) with Tribes whose Reservations are located 
along the Missouri River and have an interest in environmental 
restoration. The tasks to be contracted shall implement the goals set 
forth in this section and shall complement the activities undertaken by 
the Secretary of the Interior and the affected State Governments.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of the Interior to carry out this section--
                    (A) $6,500,000 for fiscal year 2002;
                    (B) $8,500,000 for fiscal year 2003; and
                    (C) $15,100,000 for each of fiscal years 2004 
                through 2016.
            (2) Allocation of funds.--Funding of the program shall be 
        implemented in the following manner:
                    (A) Not more than the following percentage of the 
                funds available shall be directed to the River Studies 
                Center of the Biological Resources Division of the 
                United States Geological Survey, located in Columbia, 
                Missouri:
                            (i) 25 percent in fiscal year 2002
                            (ii) 40 perccent in fiscal year 2003
                            (iii) 65 percent in fiscal years after 
                        2003.
                At least 50 percent of such funds shall be directed to 
                the River Studies Center in fiscal years after 2003.
                    (B) The remaining funds shall be made available to 
                State fish and wildlife agencies in the Missouri River 
                basin to conduct monitoring activities designed to 
                enhance and supplement existing scientific knowledge of 
                the Missouri River system.
            (3) Threatened and endangered species.--Of the amounts made 
        available under paragraph (1) for each fiscal year, $1,500,000 
        shall be made available to the Secretary of the Interior and 
        the State agencies with jurisdiction for Missouri River fish 
        and wildlife to monitor and conduct focused investigations of 
        endangered fish, including pallid sturgeon response to main 
        stem reservoir operations.
            (4) State agency funding.--Funds authorized to be 
        appropriated under this section shall be made available as 
        necessary to contract with the State agencies with jurisdiction 
        for Missouri River fish and wildlife to collect field data and 
        support field operations for the monitoring component of the 
        program.
            (5) Funding of focused investigations.--The focused 
        investigations component of the program established under this 
        section shall be funded using a competitive process. Each year, 
        the directors of the State fish and game agencies with 
        jurisdiction for Missouri River fish and wildlife, in 
        consultation with the Secretary of the Interior, and the 
        entities listed under section 2(b)(1), shall prioritize 
        information needs and issue a request for proposals to State, 
        Federal, for-profit, and not-for-profit organizations with 
        Missouri River interest and expertise. The directors and the 
        Secretary shall review and select those proposals to be funded.
Lewis and Clark Voyage of Scientific Discovery Act - Directs the Secretary of the Interior to establish a program at the River Studies Center of the Biological Resources Division of the United States Geological Survey in Columbia, Missouri, to determine and monitor the biological and chemical characteristics of the Missouri River, determine and monitor the relationship of those characteristics with the river's hydrology and geomorphology, and monitor and assess the river's biota and water quality. Requires contracts with Indian tribes whose reservations are located along the Missouri River and have an interest in environmental restoration.Requires establishment of a publicly available database.Makes a specified amount of funds provided under this Act available to monitor and conduct focused investigations of endangered fish, including pallid sturgeon.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device Cybersecurity Act of 
2017''.

SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 
(21 U.S.C. 360j) the following--

``SEC. 520A. CYBERSECURITY FOR DEVICES.

    ``(a) Definitions.--In this section:
            ``(1) Cyber device.--The term `cyber device' means any 
        device that has network or Internet connectivity (such as near 
        field communication (NFC), Bluetooth, or WiFi), connects to an 
        external storage device or external media (such as a universal 
        serial bus (USB) or a compact disk), or has any other cyber 
        capability.
            ``(2) Cybersecurity fix or update.--The term `cybersecurity 
        fix or update' means any modification to a cyber device that 
        addresses a software, firmware, or hardware error or known 
        vulnerability, or a security update, and does not change the 
        therapeutic or diagnostic function of the device.
    ``(b) Transparency of Risk Prior to Marketing.--
            ``(1) Report card.--
                    ``(A) In general.--The Secretary, in coordination 
                with the entities described in subparagraph (B), shall 
                develop a report card for indicating the cybersecurity 
                functions of cyber devices. The report card shall 
                contain the contents described in paragraph (2) and be 
                disclosed in accordance with paragraph (3).
                    ``(B) Coordination.--The entities described in this 
                subparagraph are the following:
                            ``(i) The National Institute of Standards 
                        and Technology.
                            ``(ii) The Secretary of Homeland Security.
                            ``(iii) The National Coordination Office 
                        supporting the Networking and Information 
                        Technology Research and Development Program.
                            ``(iv) The Federal Trade Commission.
                            ``(v) Any other relevant agency, or 
                        cybersecurity or medical device industry group, 
                        as determined by the Secretary.
            ``(2) Contents of report card.--Each report card shall 
        contain each of the following:
                    ``(A) Information pertaining to all essential 
                elements described in the most recent version of the 
                Manufacturer Disclosure Statement for Medical Device 
                Security, as set forth by the Healthcare Information 
                and Management Systems Society and the National 
                Electrical Manufacturers Association.
                    ``(B) A traceability matrix, accepted by the 
                Secretary, that--
                            ``(i) redacts content that is confidential, 
                        as determined by the Secretary; and
                            ``(ii) establishes design components and 
                        traces such components to design compensating 
                        controls.
                    ``(C) A description of any manufacturer 
                compensating controls that--
                            ``(i) effectively address known common 
                        vulnerabilities and exposures; and
                            ``(ii) provide providers with industry 
                        standard compensating controls for improving 
                        cybersecurity.
                    ``(D) A description of--
                            ``(i) any cybersecurity evaluation 
                        conducted on the device, including any testing, 
                        validation, or verification of the device;
                            ``(ii) who conducted such evaluation; and
                            ``(iii) the results of such evaluation.
                    ``(E) A cybersecurity risk assessment conducted by 
                the manufacturer, or a third party, explaining the risk 
                of the device to patient safety and clinical hazards.
                    ``(F) An indication of whether the device is 
                capable of being remotely accessed. If the device is 
                capable of being remotely accessed, an indication of 
                any security measures and access protocols the device 
                has in place to secure such access.
            ``(3) Disclosure of report card.--
                    ``(A) Clearance or approval.--The manufacturer of 
                any cyber device shall include the report card in any 
                notification to the Secretary under section 510(k) or 
                any application for premarket approval under section 
                515(c), as applicable.
                    ``(B) Public accessibility.--
                            ``(i) In general.--The Secretary shall 
                        provide a copy of the report card to any entity 
                        described in clause (ii) that submits a request 
                        for such copy to the Secretary.
                            ``(ii) Entities permitted access.--An 
                        entity described in this clause is--
                                    ``(I) any health care industry 
                                entity, consisting of any provider, 
                                device manufacturer, the Federal 
                                Government, health care information 
                                security researchers, and health care 
                                academia; and
                                    ``(II) any entity determined by the 
                                Secretary to have a valid interest in 
                                the report card.
                    ``(C) Updated report card.--For as long as the 
                cyber device receives technical support from the 
                manufacturer or any other third party authorized by the 
                manufacturer, the manufacturer shall submit to the 
                Secretary an annual update to the report card.
    ``(c) Protecting Remote Access to Managed Solutions.--
            ``(1) In general.--A manufacturer of a cyber device shall:
                    ``(A) In order to remotely access such device after 
                selling, or otherwise transferring ownership of, the 
                device, obtain consent for such access from the 
                provider owning or operating the device and from any 
                patient on which the device is used. Such consent may 
                be in the form of an agreement entered into between the 
                provider and the manufacturer at the time the device is 
                sold to the provider, and may be for the manufacturer 
                to remotely access the device at times specified in 
                such agreement or by an agreement between the 
                manufacturer and provider entered into thereafter. In 
                the case of an agreement described in the previous 
                sentence, consent of the patient may be obtained 
                through the provider notifying the patient of such 
                agreement.
                    ``(B) For any cyber device that the manufacturer 
                may remotely access in accordance with subparagraph 
                (A):
                            ``(i) Notify the provider when the 
                        manufacturer accesses the device remotely, 
                        including the name of the person with such 
                        access, the kinds of tasks that can be 
                        performed through such access, and the software 
                        used to access the device. Such notification 
                        can be in the form of an audit log described in 
                        clause (ii) if the audit log is readily 
                        available to the provider.
                            ``(ii) Maintain an audit log for each time 
                        the manufacturer accesses the device remotely 
                        and make such log accessible to the provider.
                    ``(C) Except as provided in paragraph (2), for any 
                cyber device that has the capability to be accessed 
                remotely by the manufacturer or any other entity:
                            ``(i) Implement multi-factor authentication 
                        for accessing any cyber capability of the 
                        device.
                            ``(ii) Secure data in motion and data at 
                        rest with data encryption, and other best 
                        practices, approved by the National Institute 
                        of Standards and Technology.
                            ``(iii) Install automated tools to track 
                        access, or identify attempts at unauthorized 
                        access, to any cyber capability of the device.
                            ``(iv) Adopt whitelisting approaches and 
                        changeable passwords for accessing any cyber 
                        capability of the device.
                            ``(v) Comply with the remote access 
                        provisions recommended by the National 
                        Institute of Standards and Technology, in the 
                        document entitled `Security for Telecommuting 
                        and Broadband Communications (NIST Special 
                        Publication 800-46)', published in August 2002.
            ``(2) Exceptions.--A manufacturer may submit a petition to 
        the Secretary to exempt a cyber device from any requirement 
        under paragraph (1)(C). The Secretary may grant such an 
        exemption if it determines that the manufacturer can prove the 
        exemption would pose not more than a minimal risk to patient 
        health, minimal risk to privacy, and minimal risk of a cyber 
        vulnerability.
    ``(d) Cybersecurity Fixes or Updates.--
            ``(1) Re-clearance or reapproval.--Unless at the request of 
        the Secretary due to a unique and extenuating circumstance, any 
        cybersecurity fix or update shall not require a new 
        notification under section 510(k) or application for premarket 
        approval under section 515(c).
            ``(2) Free cybersecurity fixes or updates.--A manufacturer 
        of a cyber device shall provide any cybersecurity fix or update 
        to the device free of charge until--
                    ``(A) the date on which any agreement to provide 
                such fixes or updates, entered into between the 
                manufacturer (or a third party authorized by the 
                manufacturer) and a provider, expires; or
                    ``(B) if no agreement described in subparagraph (A) 
                is in effect, the date that is 10 years after the date 
                on which the manufacturer discontinues marketing the 
                device.
    ``(e) End-of-Life Device.--Not later than 90 days after a 
manufacturer declares that it will no longer sell a cyber device, the 
manufacturer of such device shall--
            ``(1) shall provide any provider owning or operating the 
        device with the report card, as most recently updated under 
        subsection (b)(3)(C);
            ``(2) to the extent practicable, inform any provider owning 
        or operating the device that the manufacturer will no longer be 
        manufacturing such device;
            ``(3) provide notice to any provider owning or operating 
        the device of the date on which the last cybersecurity fix or 
        update will be provided by the manufacturer;
            ``(4) notify the Secretary of such declaration; and
            ``(5) provide any provider owning or operating the device 
        with the following information related to the device:
                    ``(A) Compensating controls on how to securely 
                configure the cyber device if the device stays in 
                operation past the date on which the manufacturer stops 
                providing cybsecurity fixes or updates under subsection 
                (d)(2).
                    ``(B) Documentation on secure preparation for 
                recycling and disposal of the device.
                    ``(C) Specific guidance regarding supporting 
                infrastructure architecture, including network 
                segmentation and device isolation requirements.
                    ``(D) Instructions on how to delete any personally 
                identifiable information, protected health information, 
                or other site-specific sensitive data such as 
                configuration files.
    ``(f) Applicability.--This section shall not apply with respect to 
any cyber device for which, prior to the enactment of the Medical 
Device Cybersecurity Act of 2017, a notification was submitted under 
section 510(k), or for which an application for premarket approval was 
submitted under section 515(c).''.
    (b) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(eee) The failure to comply with subsection (b), (c), (d), or (e) 
of section 520A.''.
    (c) Expansion of ICS-CERT Responsibilities.--
            (1) Definitions.--In this subsection:
                    (A) Cyber device.--The term ``cyber device'' has 
                the meaning given the term in section 520A of the 
                Federal Food, Drug, and Cosmetic Act, as added by 
                subsection (a).
                    (B) ICS-CERT.--The term ``ICS-CERT'' means the 
                Industrial Control Systems Cyber Emergency Response 
                Team of the National Cybersecurity and Communications 
                Integration Center established under section 227 of the 
                Homeland Security Act of 2002 (6 U.S.C. 148).
                    (C) Under secretary.--The term ``Under Secretary'' 
                means the Under Secretary appointed under section 
                103(a)(1)(H) of the Homeland Security Act of 2002 (6 
                U.S.C. 113(a)(1)(H)).
            (2) Expansion.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary shall expand the 
        duties and mission of ICS-CERT to include--
                    (A) investigating cybersecurity vulnerabilities of 
                cyber devices that may cause harm to human life or 
                significant misuse of personal health information, as 
                determined necessary by ICS-CERT or at the request of 
                the Under Secretary; and
                    (B) coordinating device-specific responses to 
                cybersecurity incidents and vulnerabilities with 
                respect to cyber devices.
            (3) Consultation.--In carrying out paragraph (2), the Under 
        Secretary shall consult with relevant agencies within the Food 
        and Drug Administration, the Department of Health and Human 
        Services, the National Institute of Standards and Technology, 
        the National Coordination Office for Networking and Information 
        Technology Research and Development, the Federal Trade 
        Commission, and experts in the cybersecurity and medical device 
        industries.
            (4) Coordinated disclosure.--Not later than 6 months after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall issue rules relating to the coordinated 
        disclosure of controlled and uncontrolled cybersecurity 
        vulnerabilities of cyber devices, which shall--
                    (A) outline the roles and responsibilities of ICS-
                CERT and manufacturers and providers of cyber devices;
                    (B) provide timelines for all required actions; and
                    (C) provide for the enforcement of cooperation 
                between ICS-CERT and manufacturers and providers of 
                cyber devices.
            (5) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Under Secretary shall submit to 
        Congress a report detailing the expanded duties and mission of 
        ICS-CERT under paragraph (2).
Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others,&nbsp;to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include&nbsp;a report card in any premarket notification or application for premarket approval. The&nbsp;FDA shall provide a copy of a device's report card&nbsp;if requested&nbsp;by a health care industry entity or an entity with a valid interest in the report card.&nbsp; The bill establishes procedures, including notifications to&nbsp;providers and patients,&nbsp;for manufacturers&nbsp;when cyber devices are&nbsp;remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's&nbsp;Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.

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.--Except as provided in subsections (g) and (h), 
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.--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 enjoin violations of 
        subsection (a)(2)(A), to collect a civil penalty under this 
        section, or to seek such other relief with respect to 
        violations of subsection (a)(2)(A) as the court may deem 
        appropriate.
            ``(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 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.--For the purposes of this section, 
prima facie evidence that a person is engaged in the mailing of matter 
which is nonmailable under this section may include a statement on a 
publicly available website, or an advertisement, by any person that 
such person will mail matter which is nonmailable under this section in 
return for payment or other consideration.
    ``(e) Coordination of Efforts.--In the enforcement of this section, 
the Postal Service shall cooperate with, and coordinate its efforts 
with related activities of, any other Federal agency or 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 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 may bring, in an appropriate 
        district court of the United States, a civil action--
                    ``(A) to enjoin such mailings;
                    ``(B) to carry out paragraphs (1) and (4) of 
                subsection (b) with respect to such mailings; or
                    ``(C) to carry out subparagraphs (A) and (B).
        In the course of any such action, the State may seek damages 
        equal to the amount of any unpaid taxes on tobacco products 
        mailed in violation of subsection (a)(2)(A) to residents of the 
        State and such other relief as the court may deem appropriate.
            ``(2) Rights of the postal service.--The State 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 in which such prior notice is 
        not feasible, in which case the State 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 considered 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 under subsection (a)(3) for a violation of 
        subsection (a)(2)(A), no State may, during the pendency of such 
        action, institute a separate civil action for any violation of 
        subsection (a)(2)(A) against any defendant named in the Postal 
        Service's complaint.
    ``(g) Mailings Between Legal Tobacco Industry Businesses and 
Government Agencies.--
            ``(1) In general.--Tobacco products otherwise made 
        nonmailable by subsection (a) may, beginning on the effective 
        date of regulations prescribed under paragraph (2), be mailed--
                    ``(A) for business purposes between businesses 
                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, export, 
                        import, testing, investigation, or research; 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 following:
                    ``(A) The Postal Service shall verify that any 
                person depositing any otherwise nonmailable tobacco 
                product into the mails under this subsection is a 
                business or government agency permitted to make such 
                mailing under this subsection.
                    ``(B) The Postal Service shall ensure that any 
                recipient of any otherwise nonmailable tobacco 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 confirmation of delivery.
                    ``(D) The identity of the business or government 
                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 otherwise 
                        nonmailable tobacco products; and
                            ``(ii) may be delivered only to a business 
                        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 accept 
                        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 government agency or any 
        government employee or agent to any penalty or other 
        restriction in connection 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 circumstances to which subsection (g) 
        applies), for non-moneymaking purposes, beginning on the 
        effective date of regulations prescribed under paragraph (2).
            ``(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 identified on the 
                return address of the mailing.
                    ``(B) The Postal Service shall require the person 
                depositing the otherwise nonmailable tobacco 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 tobacco product 
                into the mails to affirm that the product is not being 
                sent for moneymaking purposes.
                    ``(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 confirmation of delivery.
                    ``(F) The Postal Service shall deliver the mailing 
                only to the verified recipient (as described 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-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, 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 amended--
            (1) in subsection (b), by striking ``or (d)'' each place it 
        appears and inserting ``(d), or (e)'';
            (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (3) by inserting after subsection (d) the following:
    ``(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 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).

Makes 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.

Imposes a civil penalty for each mailing violation.

Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is 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; and (2) obtain damages.

Exempts from the prohibition the mailing of tobacco products: (1) for business purposes between businesses engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; (2) for regulatory purposes between any such business and any government agency; or (3) for non-moneymaking purposes between individuals.