Page:United States Statutes at Large Volume 124.djvu/1129

 124 STAT. 1103 PUBLIC LAW 111–154—MAR. 31, 2010 ‘‘(1) IN GENERAL.—The Attorney General of the United States shall make available to the public, by posting informa- tion on the Internet and by other appropriate means, informa- tion regarding all enforcement actions brought by the United States, or reported to the Attorney General of the United States, under this section, including information regarding the resolu- tion of the enforcement actions and how the Attorney General of the United States has responded to referrals of evidence of violations pursuant to subsection (c)(2). ‘‘(2) REPORTS TO CONGRESS.—Not later than 1 year after the date of enactment of the Prevent All Cigarette Trafficking Act of 2009, and every year thereafter until the date that is 5 years after such date of enactment, the Attorney General of the United States shall submit to Congress a report con- taining the information described in paragraph (1).’’. SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS NONMAILABLE MATTER. (a) IN GENERAL.—Chapter 83 of title 18, United States Code, is amended by inserting after section 1716D the following: ‘‘§ 1716E. Tobacco products as nonmailable ‘‘(a) PROHIBITION.— ‘‘(1) IN GENERAL.—All cigarettes and smokeless tobacco (as those terms are defined in section 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are non- mailable and shall not be deposited in or carried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph. ‘‘(2) REASONABLE CAUSE.—For the purposes of this sub- section reasonable cause includes— ‘‘(A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or ‘‘(B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act. ‘‘(b) EXCEPTIONS.— ‘‘(1) CIGARS.—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986). ‘‘(2) GEOGRAPHIC EXCEPTION.—Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii. ‘‘(3) BUSINESS PURPOSES.— ‘‘(A) IN GENERAL.—Subsection (a) shall not apply to tobacco products mailed only— ‘‘(i) for business purposes between legally operating businesses that have all applicable State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or ‘‘(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government. Alaska. Hawaii.