111TH CONGRESS 

2D SESSION S. 1147 

AN ACT 

To prevent tobacco smuggling, to ensure the collection of 

all tobacco taxes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Prevent All Cigarette Trafficking Act of 2009’’ or 

4 ‘‘PACT Act’’. 

5 (b) FINDINGS.—Congress finds that— 

6 (1) the sale of illegal cigarettes and smokeless 

7 tobacco products significantly reduces Federal, 

8 State, and local government revenues, with Internet 

9 sales alone accounting for billions of dollars of lost 

10 Federal, State, and local tobacco tax revenue each 

11 year; 

12 (2) Hezbollah, Hamas, al Qaeda, and other ter13 rorist organizations have profited from trafficking in 

14 illegal cigarettes or counterfeit cigarette tax stamps; 

15 (3) terrorist involvement in illicit cigarette traf16 ficking will continue to grow because of the large 

17 profits such organizations can earn; 

18 (4) the sale of illegal cigarettes and smokeless 

19 tobacco over the Internet, and through mail, fax, or 

20 phone orders, makes it cheaper and easier for chil21 dren to obtain tobacco products; 

22 (5) the majority of Internet and other remote 

23 sales of cigarettes and smokeless tobacco are being 

24 made without adequate precautions to protect 

25 against sales to children, without the payment of ap26 plicable taxes, and without complying with the nomi-
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1 nal registration and reporting requirements in exist2 ing Federal law; 

3 (6) unfair competition from illegal sales of ciga4 rettes and smokeless tobacco is taking billions of dol5 lars of sales away from law-abiding retailers 

6 throughout the United States; 

7 (7) with rising State and local tobacco tax 

8 rates, the incentives for the illegal sale of cigarettes 

9 and smokeless tobacco have increased; 

10 (8) the number of active tobacco investigations 

11 being conducted by the Bureau of Alcohol, Tobacco, 

12 Firearms, and Explosives rose to 452 in 2005; 

13 (9) the number of Internet vendors in the 

14 United States and in foreign countries that sell ciga15 rettes and smokeless tobacco to buyers in the United 

16 States increased from only about 40 in 2000 to 

17 more than 500 in 2005; and 

18 (10) the intrastate sale of illegal cigarettes and 

19 smokeless tobacco over the Internet has a substan20 tial effect on interstate commerce. 

21 (c) PURPOSES.—It is the purpose of this Act to— 

22 (1) require Internet and other remote sellers of 

23 cigarettes and smokeless tobacco to comply with the 

24 same laws that apply to law-abiding tobacco retail25 ers; 
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1 (2) create strong disincentives to illegal smug2 gling of tobacco products; 

3 (3) provide government enforcement officials 

4 with more effective enforcement tools to combat to5 bacco smuggling; 

6 (4) make it more difficult for cigarette and 

7 smokeless tobacco traffickers to engage in and profit 

8 from their illegal activities; 

9 (5) increase collections of Federal, State, and 

10 local excise taxes on cigarettes and smokeless to11 bacco; and 

12 (6) prevent and reduce youth access to inexpen13 sive cigarettes and smokeless tobacco through illegal 

14 Internet or contraband sales. 

15 SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKE16 LESS TOBACCO TAXES. 

17 (a) DEFINITIONS.—The Act of October 19, 1949 (15 

18 U.S.C. 375 et seq.; commonly referred to as the ‘‘Jenkins 

19 Act’’) (referred to in this Act as the ‘‘Jenkins Act’’), is 

20 amended by striking the first section and inserting the fol21 lowing: 

22 ‘‘SECTION 1. DEFINITIONS. 

23 ‘‘As used in this Act, the following definitions apply: 

24 ‘‘(1) ATTORNEY GENERAL.—The term ‘attorney 

25 general’, with respect to a State, means the attorney 
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1 general or other chief law enforcement officer of the 

2 State. 

3 ‘‘(2) CIGARETTE.— 

4 ‘‘(A) IN GENERAL.—The term ‘cigarette’— 

5 ‘‘(i) has the meaning given that term 

6 in section 2341 of title 18, United States 

7 Code; and 

8 ‘‘(ii) includes roll-your-own tobacco 

9 (as defined in section 5702 of the Internal 

10 Revenue Code of 1986). 

11 ‘‘(B) EXCEPTION.—The term ‘cigarette’ 

12 does not include a cigar (as defined in section 

13 5702 of the Internal Revenue Code of 1986). 

14 ‘‘(3) COMMON CARRIER.—The term ‘common 

15 carrier’ means any person (other than a local mes16 senger service or the United States Postal Service) 

17 that holds itself out to the general public as a pro18 vider for hire of the transportation by water, land, 

19 or air of merchandise (regardless of whether the per20 son actually operates the vessel, vehicle, or aircraft 

21 by which the transportation is provided) between a 

22 port or place and a port or place in the United 

23 States. 

24 ‘‘(4) CONSUMER.—The term ‘consumer’— 
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1 ‘‘(A) means any person that purchases 

2 cigarettes or smokeless tobacco; and 

3 ‘‘(B) does not include any person lawfully 

4 operating as a manufacturer, distributor, whole5 saler, or retailer of cigarettes or smokeless to6 bacco. 

7 ‘‘(5) DELIVERY SALE.—The term ‘delivery sale’ 

8 means any sale of cigarettes or smokeless tobacco to 

9 a consumer if— 

10 ‘‘(A) the consumer submits the order for 

11 the sale by means of a telephone or other meth12 od of voice transmission, the mails, or the 

13 Internet or other online service, or the seller is 

14 otherwise not in the physical presence of the 

15 buyer when the request for purchase or order is 

16 made; or 

17 ‘‘(B) the cigarettes or smokeless tobacco 

18 are delivered to the buyer by common carrier, 

19 private delivery service, or other method of re20 mote delivery, or the seller is not in the physical 

21 presence of the buyer when the buyer obtains 

22 possession of the cigarettes or smokeless to23 bacco. 

24 ‘‘(6) DELIVERY SELLER.—The term ‘delivery 

25 seller’ means a person who makes a delivery sale. 
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1 ‘‘(7) INDIAN COUNTRY.—The term ‘Indian 

2 country’— 

3 ‘‘(A) has the meaning given that term in 

4 section 1151 of title 18, United States Code, 

5 except that within the State of Alaska that 

6 term applies only to the Metlakatla Indian 

7 Community, Annette Island Reserve; and 

8 ‘‘(B) includes any other land held by the 

9 United States in trust or restricted status for 

10 one or more Indian tribes. 

11 ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’, 

12 ‘tribe’, or ‘tribal’ refers to an Indian tribe as defined 

13 in section 4(e) of the Indian Self-Determination and 

14 Education Assistance Act (25 U.S.C. 450b(e)) or as 

15 listed pursuant to section 104 of the Federally Rec16 ognized Indian Tribe List Act of 1994 (25 U.S.C. 

17 479a–1). 

18 ‘‘(9) INTERSTATE COMMERCE.— 

19 ‘‘(A) IN GENERAL.—The term ‘interstate 

20 commerce’ means commerce between a State 

21 and any place outside the State, commerce be22 tween a State and any Indian country in the 

23 State, or commerce between points in the same 

24 State but through any place outside the State 

25 or through any Indian country. 
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1 ‘‘(B) INTO A STATE, PLACE, OR LOCAL2 ITY.—A sale, shipment, or transfer of cigarettes 

3 or smokeless tobacco that is made in interstate 

4 commerce, as defined in this paragraph, shall 

5 be deemed to have been made into the State, 

6 place, or locality in which such cigarettes or 

7 smokeless tobacco are delivered. 

8 ‘‘(10) PERSON.—The term ‘person’ means an 

9 individual, corporation, company, association, firm, 

10 partnership, society, State government, local govern11 ment, Indian tribal government, governmental orga12 nization of such a government, or joint stock com13 pany. 

14 ‘‘(11) STATE.—The term ‘State’ means each of 

15 the several States of the United States, the District 

16 of Columbia, the Commonwealth of Puerto Rico, or 

17 any territory or possession of the United States. 

18 ‘‘(12) SMOKELESS TOBACCO.—The term 

19 ‘smokeless tobacco’ means any finely cut, ground, 

20 powdered, or leaf tobacco, or other product con21 taining tobacco, that is intended to be placed in the 

22 oral or nasal cavity or otherwise consumed without 

23 being combusted. 

24 ‘‘(13) TOBACCO TAX ADMINISTRATOR.—The 

25 term ‘tobacco tax administrator’ means the State, 
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1 local, or tribal official duly authorized to collect the 

2 tobacco tax or administer the tax law of a State, lo3 cality, or tribe, respectively. 

4 ‘‘(14) USE.—The term ‘use’ includes the con5 sumption, storage, handling, or disposal of cigarettes 

6 or smokeless tobacco.’’. 

7 (b) REPORTS TO STATE TOBACCO TAX ADMINISTRA8 TORS.—Section 2 of the Jenkins Act (15 U.S.C. 376) is 

9 amended— 

10 (1) by striking ‘‘cigarettes’’ each place it ap11 pears and inserting ‘‘cigarettes or smokeless to12 bacco’’; 

13 (2) in subsection (a)— 

14 (A) in the matter preceding paragraph 

15 (1)— 

16 (i) by inserting ‘‘CONTENTS.—’’ after 

17 ‘‘(a)’’; 

18 (ii) by striking ‘‘or transfers’’ and in19 serting ‘‘, transfers, or ships’’; 

20 (iii) by inserting ‘‘, locality, or Indian 

21 country of an Indian tribe’’ after ‘‘a 

22 State’’; 

23 (iv) by striking ‘‘to other than a dis24 tributor licensed by or located in such 

25 State,’’; and 
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1 (v) by striking ‘‘or transfer and ship2 ment’’ and inserting ‘‘, transfer, or ship3 ment’’; 

4 (B) in paragraph (1)— 

5 (i) by striking ‘‘with the tobacco tax 

6 administrator of the State’’ and inserting 

7 ‘‘with the Attorney General of the United 

8 States and with the tobacco tax adminis9 trators of the State and place’’; and 

10 (ii) by striking ‘‘; and’’ and inserting 

11 the following: ‘‘, as well as telephone num12 bers for each place of business, a principal 

13 electronic mail address, any website ad14 dresses, and the name, address, and tele15 phone number of an agent in the State au16 thorized to accept service on behalf of the 

17 person;’’; 

18 (C) in paragraph (2), by striking ‘‘and the 

19 quantity thereof.’’ and inserting ‘‘the quantity 

20 thereof, and the name, address, and phone 

21 number of the person delivering the shipment to 

22 the recipient on behalf of the delivery seller, 

23 with all invoice or memoranda information re24 lating to specific customers to be organized by 

25 city or town and by zip code; and’’; and 
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1 (D) by adding at the end the following: 

2 ‘‘(3) with respect to each memorandum or in3 voice filed with a State under paragraph (2), also 

4 file copies of the memorandum or invoice with the 

5 tobacco tax administrators and chief law enforce6 ment officers of the local governments and Indian 

7 tribes operating within the borders of the State that 

8 apply their own local or tribal taxes on cigarettes or 

9 smokeless tobacco.’’; 

10 (3) in subsection (b)— 

11 (A) by inserting ‘‘PRESUMPTIVE EVI12 DENCE.—’’ after ‘‘(b)’’; 

13 (B) by striking ‘‘(1) that’’ and inserting 

14 ‘‘that’’; and 

15 (C) by striking ‘‘, and (2)’’ and all that 

16 follows and inserting a period; and 

17 (4) by adding at the end the following: 

18 ‘‘(c) USE OF INFORMATION.—A tobacco tax adminis19 trator or chief law enforcement officer who receives a 

20 memorandum or invoice under paragraph (2) or (3) of 

21 subsection (a) shall use the memorandum or invoice solely 

22 for the purposes of the enforcement of this Act and the 

23 collection of any taxes owed on related sales of cigarettes 

24 and smokeless tobacco, and shall keep confidential any 
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1 personal information in the memorandum or invoice except 

2 as required for such purposes.’’. 

3 (c) REQUIREMENTS FOR DELIVERY SALES.—The 

4 Jenkins Act is amended by inserting after section 2 the 

5 following: 

6 ‘‘SEC. 2A. DELIVERY SALES. 

7 ‘‘(a) IN GENERAL.—With respect to delivery sales 

8 into a specific State and place, each delivery seller shall 

9 comply with— 

10 ‘‘(1) the shipping requirements set forth in sub11 section (b); 

12 ‘‘(2) the recordkeeping requirements set forth 

13 in subsection (c); 

14 ‘‘(3) all State, local, tribal, and other laws gen15 erally applicable to sales of cigarettes or smokeless 

16 tobacco as if the delivery sales occurred entirely 

17 within the specific State and place, including laws 

18 imposing— 

19 ‘‘(A) excise taxes; 

20 ‘‘(B) licensing and tax-stamping require21 ments; 

22 ‘‘(C) restrictions on sales to minors; and 

23 ‘‘(D) other payment obligations or legal re24 quirements relating to the sale, distribution, or 

25 delivery of cigarettes or smokeless tobacco; and 
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1 ‘‘(4) the tax collection requirements set forth in 

2 subsection (d). 

3 ‘‘(b) SHIPPING AND PACKAGING.— 

4 ‘‘(1) REQUIRED STATEMENT.—For any ship5 ping package containing cigarettes or smokeless to6 bacco, the delivery seller shall include on the bill of 

7 lading, if any, and on the outside of the shipping 

8 package, on the same surface as the delivery ad9 dress, a clear and conspicuous statement providing 

10 as follows: ‘CIGARETTES/SMOKELESS TO11 BACCO: FEDERAL LAW REQUIRES THE PAY12 MENT OF ALL APPLICABLE EXCISE TAXES, 

13 AND COMPLIANCE WITH APPLICABLE LI14 CENSING AND TAX-STAMPING OBLIGA15 TIONS’. 

16 ‘‘(2) FAILURE TO LABEL.—Any shipping pack17 age described in paragraph (1) that is not labeled in 

18 accordance with that paragraph shall be treated as 

19 nondeliverable matter by a common carrier or other 

20 delivery service, if the common carrier or other deliv21 ery service knows or should know the package con22 tains cigarettes or smokeless tobacco. If a common 

23 carrier or other delivery service believes a package is 

24 being submitted for delivery in violation of para25 graph (1), it may require the person submitting the 
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1 package for delivery to establish that it is not being 

2 sent in violation of paragraph (1) before accepting 

3 the package for delivery. Nothing in this paragraph 

4 shall require the common carrier or other delivery 

5 service to open any package to determine its con6 tents. 

7 ‘‘(3) WEIGHT RESTRICTION.—A delivery seller 

8 shall not sell, offer for sale, deliver, or cause to be 

9 delivered in any single sale or single delivery any 

10 cigarettes or smokeless tobacco weighing more than 

11 10 pounds. 

12 ‘‘(4) AGE VERIFICATION.— 

13 ‘‘(A) IN GENERAL.—A delivery seller who 

14 mails or ships tobacco products— 

15 ‘‘(i) shall not sell, deliver, or cause to 

16 be delivered any tobacco products to a per17 son under the minimum age required for 

18 the legal sale or purchase of tobacco prod19 ucts, as determined by the applicable law 

20 at the place of delivery; 

21 ‘‘(ii) shall use a method of mailing or 

22 shipping that requires— 

23 ‘‘(I) the purchaser placing the 

24 delivery sale order, or an adult who is 

25 at least the minimum age required for 
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1 the legal sale or purchase of tobacco 

2 products, as determined by the appli3 cable law at the place of delivery, to 

4 sign to accept delivery of the shipping 

5 container at the delivery address; and 

6 ‘‘(II) the person who signs to ac7 cept delivery of the shipping container 

8 to provide proof, in the form of a 

9 valid, government-issued identification 

10 bearing a photograph of the indi11 vidual, that the person is at least the 

12 minimum age required for the legal 

13 sale or purchase of tobacco products, 

14 as determined by the applicable law at 

15 the place of delivery; and 

16 ‘‘(iii) shall not accept a delivery sale 

17 order from a person without— 

18 ‘‘(I) obtaining the full name, 

19 birth date, and residential address of 

20 that person; and 

21 ‘‘(II) verifying the information 

22 provided in subclause (I), through the 

23 use of a commercially available data24 base or aggregate of databases, con25 sisting primarily of data from govern-
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1 ment sources, that are regularly used 

2 by government and businesses for the 

3 purpose of age and identity 

4 verification and authentication, to en5 sure that the purchaser is at least the 

6 minimum age required for the legal 

7 sale or purchase of tobacco products, 

8 as determined by the applicable law at 

9 the place of delivery. 

10 ‘‘(B) LIMITATION.—No database being 

11 used for age and identity verification under 

12 subparagraph (A)(iii) shall be in the possession 

13 or under the control of the delivery seller, or be 

14 subject to any changes or supplementation by 

15 the delivery seller. 

16 ‘‘(c) RECORDS.— 

17 ‘‘(1) IN GENERAL.—Each delivery seller shall 

18 keep a record of any delivery sale, including all of 

19 the information described in section 2(a)(2), orga20 nized by the State, and within the State, by the city 

21 or town and by zip code, into which the delivery sale 

22 is so made. 

23 ‘‘(2) RECORD RETENTION.—Records of a deliv24 ery sale shall be kept as described in paragraph (1) 
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1 until the end of the 4th full calendar year that be2 gins after the date of the delivery sale. 

3 ‘‘(3) ACCESS FOR OFFICIALS.—Records kept 

4 under paragraph (1) shall be made available to to5 bacco tax administrators of the States, to local gov6 ernments and Indian tribes that apply local or tribal 

7 taxes on cigarettes or smokeless tobacco, to the at8 torneys general of the States, to the chief law en9 forcement officers of the local governments and In10 dian tribes, and to the Attorney General of the 

11 United States in order to ensure the compliance of 

12 persons making delivery sales with the requirements 

13 of this Act. 

14 ‘‘(d) DELIVERY.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), no delivery seller may sell or deliver to 

17 any consumer, or tender to any common carrier or 

18 other delivery service, any cigarettes or smokeless to19 bacco pursuant to a delivery sale unless, in advance 

20 of the sale, delivery, or tender— 

21 ‘‘(A) any cigarette or smokeless tobacco ex22 cise tax that is imposed by the State in which 

23 the cigarettes or smokeless tobacco are to be 

24 delivered has been paid to the State; 
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1 ‘‘(B) any cigarette or smokeless tobacco 

2 excise tax that is imposed by the local govern3 ment of the place in which the cigarettes or 

4 smokeless tobacco are to be delivered has been 

5 paid to the local government; and 

6 ‘‘(C) any required stamps or other indicia 

7 that the excise tax has been paid are properly 

8 affixed or applied to the cigarettes or smokeless 

9 tobacco. 

10 ‘‘(2) EXCEPTION.—Paragraph (1) does not 

11 apply to a delivery sale of smokeless tobacco if the 

12 law of the State or local government of the place 

13 where the smokeless tobacco is to be delivered re14 quires or otherwise provides that delivery sellers col15 lect the excise tax from the consumer and remit the 

16 excise tax to the State or local government, and the 

17 delivery seller complies with the requirement. 

18 ‘‘(e) LIST OF UNREGISTERED OR NONCOMPLIANT

19 DELIVERY SELLERS.— 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) INITIAL LIST.—Not later than 90 

22 days after this subsection goes into effect under 

23 the Prevent All Cigarette Trafficking Act of 

24 2009, the Attorney General of the United 

25 States shall compile a list of delivery sellers of 
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1 cigarettes or smokeless tobacco that have not 

2 registered with the Attorney General of the 

3 United States pursuant to section 2(a), or that 

4 are otherwise not in compliance with this Act, 

5 and— 

6 ‘‘(i) distribute the list to— 

7 ‘‘(I) the attorney general and tax 

8 administrator of every State; 

9 ‘‘(II) common carriers and other 

10 persons that deliver small packages to 

11 consumers in interstate commerce, in12 cluding the United States Postal Serv13 ice; and 

14 ‘‘(III) any other person that the 

15 Attorney General of the United States 

16 determines can promote the effective 

17 enforcement of this Act; and 

18 ‘‘(ii) publicize and make the list avail19 able to any other person engaged in the 

20 business of interstate deliveries or who de21 livers cigarettes or smokeless tobacco in or 

22 into any State. 

23 ‘‘(B) LIST CONTENTS.—To the extent 

24 known, the Attorney General of the United 
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1 States shall include, for each delivery seller on 

2 the list described in subparagraph (A)— 

3 ‘‘(i) all names the delivery seller uses 

4 or has used in the transaction of its busi5 ness or on packages delivered to cus6 tomers; 

7 ‘‘(ii) all addresses from which the de8 livery seller does or has done business, or 

9 ships or has shipped cigarettes or smoke10 less tobacco; 

11 ‘‘(iii) the website addresses, primary 

12 e-mail address, and phone number of the 

13 delivery seller; and 

14 ‘‘(iv) any other information that the 

15 Attorney General of the United States de16 termines would facilitate compliance with 

17 this subsection by recipients of the list. 

18 ‘‘(C) UPDATING.—The Attorney General of 

19 the United States shall update and distribute 

20 the list described in subparagraph (A) at least 

21 once every 4 months, and may distribute the 

22 list and any updates by regular mail, electronic 

23 mail, or any other reasonable means, or by pro24 viding recipients with access to the list through 
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1 a nonpublic website that the Attorney General 

2 of the United States regularly updates. 

3 ‘‘(D) STATE, LOCAL, OR TRIBAL ADDI4 TIONS.—The Attorney General of the United 

5 States shall include in the list described in sub6 paragraph (A) any noncomplying delivery sell7 ers identified by any State, local, or tribal gov8 ernment under paragraph (6), and shall dis9 tribute the list to the attorney general or chief 

10 law enforcement official and the tax adminis11 trator of any government submitting any such 

12 information, and to any common carriers or 

13 other persons who deliver small packages to 

14 consumers identified by any government pursu15 ant to paragraph (6). 

16 ‘‘(E) ACCURACY AND COMPLETENESS OF

17 LIST OF NONCOMPLYING DELIVERY SELLERS.— 

18 In preparing and revising the list described in 

19 subparagraph (A), the Attorney General of the 

20 United States shall— 

21 ‘‘(i) use reasonable procedures to en22 sure maximum possible accuracy and com23 pleteness of the records and information 

24 relied on for the purpose of determining 
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1 that a delivery seller is not in compliance 

2 with this Act; 

3 ‘‘(ii) not later than 14 days before in4 cluding a delivery seller on the list, make 

5 a reasonable attempt to send notice to the 

6 delivery seller by letter, electronic mail, or 

7 other means that the delivery seller is 

8 being placed on the list, which shall cite 

9 the relevant provisions of this Act and the 

10 specific reasons for which the delivery sell11 er is being placed on the list; 

12 ‘‘(iii) provide an opportunity to the 

13 delivery seller to challenge placement on 

14 the list; 

15 ‘‘(iv) investigate each challenge de16 scribed in clause (iii) by contacting the rel17 evant Federal, State, tribal, and local law 

18 enforcement officials, and provide the spe19 cific findings and results of the investiga20 tion to the delivery seller not later than 30 

21 days after the date on which the challenge 

22 is made; and 

23 ‘‘(v) if the Attorney General of the 

24 United States determines that the basis for 

25 including a delivery seller on the list is in-
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1 accurate, based on incomplete information, 

2 or cannot be verified, promptly remove the 

3 delivery seller from the list as appropriate 

4 and notify each appropriate Federal, State, 

5 tribal, and local authority of the deter6 mination. 

7 ‘‘(F) CONFIDENTIALITY.—The list de8 scribed in subparagraph (A) shall be confiden9 tial, and any person receiving the list shall 

10 maintain the confidentiality of the list and may 

11 deliver the list, for enforcement purposes, to 

12 any government official or to any common car13 rier or other person that delivers tobacco prod14 ucts or small packages to consumers. Nothing 

15 in this section shall prohibit a common carrier, 

16 the United States Postal Service, or any other 

17 person receiving the list from discussing with a 

18 listed delivery seller the inclusion of the delivery 

19 seller on the list and the resulting effects on 

20 any services requested by the listed delivery 

21 seller. 

22 ‘‘(2) PROHIBITION ON DELIVERY.— 

23 ‘‘(A) IN GENERAL.—Commencing on the 

24 date that is 60 days after the date of the initial 

25 distribution or availability of the list described 
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1 in paragraph (1)(A), no person who receives the 

2 list under paragraph (1), and no person who 

3 delivers cigarettes or smokeless tobacco to con4 sumers, shall knowingly complete, cause to be 

5 completed, or complete its portion of a delivery 

6 of any package for any person whose name and 

7 address are on the list, unless— 

8 ‘‘(i) the person making the delivery 

9 knows or believes in good faith that the 

10 item does not include cigarettes or smoke11 less tobacco; 

12 ‘‘(ii) the delivery is made to a person 

13 lawfully engaged in the business of manu14 facturing, distributing, or selling cigarettes 

15 or smokeless tobacco; or 

16 ‘‘(iii) the package being delivered 

17 weighs more than 100 pounds and the per18 son making the delivery does not know or 

19 have reasonable cause to believe that the 

20 package contains cigarettes or smokeless 

21 tobacco. 

22 ‘‘(B) IMPLEMENTATION OF UPDATES.— 

23 Commencing on the date that is 30 days after 

24 the date of the distribution or availability of 

25 any updates or corrections to the list described 
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1 in paragraph (1)(A), all recipients and all com2 mon carriers or other persons that deliver ciga3 rettes or smokeless tobacco to consumers shall 

4 be subject to subparagraph (A) in regard to the 

5 corrections or updates. 

6 ‘‘(3) EXEMPTIONS.— 

7 ‘‘(A) IN GENERAL.—Subsection (b)(2) and 

8 any requirements or restrictions placed directly 

9 on common carriers under this subsection, in10 cluding subparagraphs (A) and (B) of para11 graph (2), shall not apply to a common carrier 

12 that— 

13 ‘‘(i) is subject to a settlement agree14 ment described in subparagraph (B); or 

15 ‘‘(ii) if a settlement agreement de16 scribed in subparagraph (B) to which the 

17 common carrier is a party is terminated or 

18 otherwise becomes inactive, is admin19 istering and enforcing policies and prac20 tices throughout the United States that 

21 are at least as stringent as the agreement. 

22 ‘‘(B) SETTLEMENT AGREEMENT.—A set23 tlement agreement described in this subpara24 graph— 
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1 ‘‘(i) is a settlement agreement relating 

2 to tobacco product deliveries to consumers; 

3 and 

4 ‘‘(ii) includes— 

5 ‘‘(I) the Assurance of Discontinu6 ance entered into by the Attorney 

7 General of New York and DHL Hold8 ings USA, Inc. and DHL Express 

9 (USA), Inc. on or about July 1, 2005, 

10 the Assurance of Discontinuance en11 tered into by the Attorney General of 

12 New York and United Parcel Service, 

13 Inc. on or about October 21, 2005, 

14 and the Assurance of Compliance en15 tered into by the Attorney General of 

16 New York and Federal Express Cor17 poration and FedEx Ground Package 

18 Systems, Inc. on or about February 3, 

19 2006, if each of those agreements is 

20 honored throughout the United States 

21 to block illegal deliveries of cigarettes 

22 or smokeless tobacco to consumers; 

23 and 

24 ‘‘(II) any other active agreement 

25 between a common carrier and a 
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1 State that operates throughout the 

2 United States to ensure that no deliv3 eries of cigarettes or smokeless to4 bacco shall be made to consumers or 

5 illegally operating Internet or mail6 order sellers and that any such deliv7 eries to consumers shall not be made 

8 to minors or without payment to the 

9 States and localities where the con10 sumers are located of all taxes on the 

11 tobacco products. 

12 ‘‘(4) SHIPMENTS FROM PERSONS ON LIST.— 

13 ‘‘(A) IN GENERAL.—If a common carrier 

14 or other delivery service delays or interrupts the 

15 delivery of a package in the possession of the 

16 common carrier or delivery service because the 

17 common carrier or delivery service determines 

18 or has reason to believe that the person order19 ing the delivery is on a list described in para20 graph (1)(A) and that clauses (i), (ii), and (iii) 

21 of paragraph (2)(A) do not apply— 

22 ‘‘(i) the person ordering the delivery 

23 shall be obligated to pay— 

24 ‘‘(I) the common carrier or other 

25 delivery service as if the delivery of 
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1 the package had been timely com2 pleted; and 

3 ‘‘(II) if the package is not deliv4 erable, any reasonable additional fee 

5 or charge levied by the common car6 rier or other delivery service to cover 

7 any extra costs and inconvenience and 

8 to serve as a disincentive against such 

9 noncomplying delivery orders; and 

10 ‘‘(ii) if the package is determined not 

11 to be deliverable, the common carrier or 

12 other delivery service shall offer to provide 

13 the package and its contents to a Federal, 

14 State, or local law enforcement agency. 

15 ‘‘(B) RECORDS.—A common carrier or 

16 other delivery service shall maintain, for a pe17 riod of 5 years, any records kept in the ordi18 nary course of business relating to any delivery 

19 interrupted under this paragraph and provide 

20 that information, upon request, to the Attorney 

21 General of the United States or to the attorney 

22 general or chief law enforcement official or tax 

23 administrator of any State, local, or tribal gov24 ernment. 
29 

†S 1147 ES

1 ‘‘(C) CONFIDENTIALITY.—Any person re2 ceiving records under subparagraph (B) shall— 

3 ‘‘(i) use the records solely for the pur4 poses of the enforcement of this Act and 

5 the collection of any taxes owed on related 

6 sales of cigarettes and smokeless tobacco; 

7 and 

8 ‘‘(ii) keep confidential any personal 

9 information in the records not otherwise 

10 required for such purposes. 

11 ‘‘(5) PREEMPTION.— 

12 ‘‘(A) IN GENERAL.—No State, local, or 

13 tribal government, nor any political authority of 

14 2 or more State, local, or tribal governments, 

15 may enact or enforce any law or regulation re16 lating to delivery sales that restricts deliveries 

17 of cigarettes or smokeless tobacco to consumers 

18 by common carriers or other delivery services 

19 on behalf of delivery sellers by— 

20 ‘‘(i) requiring that the common carrier 

21 or other delivery service verify the age or 

22 identity of the consumer accepting the de23 livery by requiring the person who signs to 

24 accept delivery of the shipping container to 

25 provide proof, in the form of a valid, gov-
30 

†S 1147 ES

1 ernment-issued identification bearing a 

2 photograph of the individual, that the per3 son is at least the minimum age required 

4 for the legal sale or purchase of tobacco 

5 products, as determined by either State or 

6 local law at the place of delivery; 

7 ‘‘(ii) requiring that the common car8 rier or other delivery service obtain a sig9 nature from the consumer accepting the 

10 delivery; 

11 ‘‘(iii) requiring that the common car12 rier or other delivery service verify that all 

13 applicable taxes have been paid; 

14 ‘‘(iv) requiring that packages delivered 

15 by the common carrier or other delivery 

16 service contain any particular labels, no17 tice, or markings; or 

18 ‘‘(v) prohibiting common carriers or 

19 other delivery services from making deliv20 eries on the basis of whether the delivery 

21 seller is or is not identified on any list of 

22 delivery sellers maintained and distributed 

23 by any entity other than the Federal Gov24 ernment. 
31 

†S 1147 ES

1 ‘‘(B) RELATIONSHIP TO OTHER LAWS.— 

2 Except as provided in subparagraph (C), noth3 ing in this paragraph shall be construed to nul4 lify, expand, restrict, or otherwise amend or 

5 modify— 

6 ‘‘(i) section 14501(c)(1) or 

7 41713(b)(4) of title 49, United States 

8 Code; 

9 ‘‘(ii) any other restrictions in Federal 

10 law on the ability of State, local, or tribal 

11 governments to regulate common carriers; 

12 or 

13 ‘‘(iii) any provision of State, local, or 

14 tribal law regulating common carriers that 

15 is described in section 14501(c)(2) or 

16 41713(b)(4)(B) of title 49 of the United 

17 States Code. 

18 ‘‘(C) STATE LAWS PROHIBITING DELIVERY

19 SALES.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), nothing in the Prevent 

22 All Cigarette Trafficking Act of 2009, the 

23 amendments made by that Act, or in any 

24 other Federal statute shall be construed to 

25 preempt, supersede, or otherwise limit or 
32 

†S 1147 ES

1 restrict State laws prohibiting the delivery 

2 sale, or the shipment or delivery pursuant 

3 to a delivery sale, of cigarettes or other to4 bacco products to individual consumers or 

5 personal residences. 

6 ‘‘(ii) EXEMPTIONS.—No State may 

7 enforce against a common carrier a law 

8 prohibiting the delivery of cigarettes or 

9 other tobacco products to individual con10 sumers or personal residences without 

11 proof that the common carrier is not ex12 empt under paragraph (3) of this sub13 section. 

14 ‘‘(6) STATE, LOCAL, AND TRIBAL ADDITIONS.— 

15 ‘‘(A) IN GENERAL.—Any State, local, or 

16 tribal government shall provide the Attorney 

17 General of the United States with— 

18 ‘‘(i) all known names, addresses, 

19 website addresses, and other primary con20 tact information of any delivery seller 

21 that— 

22 ‘‘(I) offers for sale or makes 

23 sales of cigarettes or smokeless to24 bacco in or into the State, locality, or 

25 tribal land; and 
33 

†S 1147 ES

1 ‘‘(II) has failed to register with 

2 or make reports to the respective tax 

3 administrator as required by this Act, 

4 or that has been found in a legal pro5 ceeding to have otherwise failed to 

6 comply with this Act; and 

7 ‘‘(ii) a list of common carriers and 

8 other persons who make deliveries of ciga9 rettes or smokeless tobacco in or into the 

10 State, locality, or tribal land. 

11 ‘‘(B) UPDATES.—Any government pro12 viding a list to the Attorney General of the 

13 United States under subparagraph (A) shall 

14 also provide updates and corrections every 4 

15 months until such time as the government noti16 fies the Attorney General of the United States 

17 in writing that the government no longer de18 sires to submit information to supplement the 

19 list described in paragraph (1)(A). 

20 ‘‘(C) REMOVAL AFTER WITHDRAWAL.— 

21 Upon receiving written notice that a govern22 ment no longer desires to submit information 

23 under subparagraph (A), the Attorney General 

24 of the United States shall remove from the list 

25 described in paragraph (1)(A) any persons that 
34 

†S 1147 ES

1 are on the list solely because of the prior sub2 missions of the government of the list of the 

3 government of noncomplying delivery sellers of 

4 cigarettes or smokeless tobacco or a subsequent 

5 update or correction by the government. 

6 ‘‘(7) DEADLINE TO INCORPORATE ADDI7 TIONS.—The Attorney General of the United States 

8 shall— 

9 ‘‘(A) include any delivery seller identified 

10 and submitted by a State, local, or tribal gov11 ernment under paragraph (6) in any list or up12 date that is distributed or made available under 

13 paragraph (1) on or after the date that is 30 

14 days after the date on which the information is 

15 received by the Attorney General of the United 

16 States; and 

17 ‘‘(B) distribute any list or update de18 scribed in subparagraph (A) to any common 

19 carrier or other person who makes deliveries of 

20 cigarettes or smokeless tobacco that has been 

21 identified and submitted by a government pur22 suant to paragraph (6). 

23 ‘‘(8) NOTICE TO DELIVERY SELLERS.—Not 

24 later than 14 days before including any delivery sell25 er on the initial list described in paragraph (1)(A), 
35 

†S 1147 ES

1 or on an update to the list for the first time, the At2 torney General of the United States shall make a 

3 reasonable attempt to send notice to the delivery 

4 seller by letter, electronic mail, or other means that 

5 the delivery seller is being placed on the list or up6 date, with that notice citing the relevant provisions 

7 of this Act. 

8 ‘‘(9) LIMITATIONS.— 

9 ‘‘(A) IN GENERAL.—Any common carrier 

10 or other person making a delivery subject to 

11 this subsection shall not be required or other12 wise obligated to— 

13 ‘‘(i) determine whether any list dis14 tributed or made available under para15 graph (1) is complete, accurate, or up-to16 date; 

17 ‘‘(ii) determine whether a person or18 dering a delivery is in compliance with this 

19 Act; or 

20 ‘‘(iii) open or inspect, pursuant to this 

21 Act, any package being delivered to deter22 mine its contents. 

23 ‘‘(B) ALTERNATE NAMES.—Any common 

24 carrier or other person making a delivery sub25 ject to this subsection— 
36 

†S 1147 ES

1 ‘‘(i) shall not be required to make any 

2 inquiries or otherwise determine whether a 

3 person ordering a delivery is a delivery sell4 er on the list described in paragraph 

5 (1)(A) who is using a different name or 

6 address in order to evade the related deliv7 ery restrictions; and 

8 ‘‘(ii) shall not knowingly deliver any 

9 packages to consumers for any delivery 

10 seller on the list described in paragraph 

11 (1)(A) who the common carrier or other 

12 delivery service knows is a delivery seller 

13 who is on the list and is using a different 

14 name or address to evade the delivery re15 strictions of paragraph (2). 

16 ‘‘(C) PENALTIES.—Any common carrier or 

17 person in the business of delivering packages on 

18 behalf of other persons shall not be subject to 

19 any penalty under section 14101(a) of title 49, 

20 United States Code, or any other provision of 

21 law for— 

22 ‘‘(i) not making any specific delivery, 

23 or any deliveries at all, on behalf of any 

24 person on the list described in paragraph 

25 (1)(A); 
37 

†S 1147 ES

1 ‘‘(ii) refusing, as a matter of regular 

2 practice and procedure, to make any deliv3 eries, or any deliveries in certain States, of 

4 any cigarettes or smokeless tobacco for any 

5 person or for any person not in the busi6 ness of manufacturing, distributing, or 

7 selling cigarettes or smokeless tobacco; or 

8 ‘‘(iii) delaying or not making a deliv9 ery for any person because of reasonable 

10 efforts to comply with this Act. 

11 ‘‘(D) OTHER LIMITS.—Section 2 and sub12 sections (a), (b), (c), and (d) of this section 

13 shall not be interpreted to impose any respon14 sibilities, requirements, or liability on common 

15 carriers. 

16 ‘‘(f) PRESUMPTION.—For purposes of this Act, a de17 livery sale shall be deemed to have occurred in the State 

18 and place where the buyer obtains personal possession of 

19 the cigarettes or smokeless tobacco, and a delivery pursu20 ant to a delivery sale is deemed to have been initiated or 

21 ordered by the delivery seller.’’. 

22 (d) PENALTIES.—The Jenkins Act is amended by 

23 striking section 3 and inserting the following: 

24 ‘‘SEC. 3. PENALTIES. 

25 ‘‘(a) CRIMINAL PENALTIES.— 
38 

†S 1147 ES

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), whoever knowingly violates this Act shall 

3 be imprisoned for not more than 3 years, fined 

4 under title 18, United States Code, or both. 

5 ‘‘(2) EXCEPTIONS.— 

6 ‘‘(A) GOVERNMENTS.—Paragraph (1) shall 

7 not apply to a State, local, or tribal govern8 ment. 

9 ‘‘(B) DELIVERY VIOLATIONS.—A common 

10 carrier or independent delivery service, or em11 ployee of a common carrier or independent de12 livery service, shall be subject to criminal pen13 alties under paragraph (1) for a violation of 

14 section 2A(e) only if the violation is committed 

15 knowingly— 

16 ‘‘(i) as consideration for the receipt 

17 of, or as consideration for a promise or 

18 agreement to pay, anything of pecuniary 

19 value; or 

20 ‘‘(ii) for the purpose of assisting a de21 livery seller to violate, or otherwise evading 

22 compliance with, section 2A. 

23 ‘‘(b) CIVIL PENALTIES.— 
39 

†S 1147 ES

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), whoever violates this Act shall be subject 

3 to a civil penalty in an amount not to exceed— 

4 ‘‘(A) in the case of a delivery seller, the 

5 greater of— 

6 ‘‘(i) $5,000 in the case of the first 

7 violation, or $10,000 for any other viola8 tion; or 

9 ‘‘(ii) for any violation, 2 percent of 

10 the gross sales of cigarettes or smokeless 

11 tobacco of the delivery seller during the 1- 

12 year period ending on the date of the viola13 tion. 

14 ‘‘(B) in the case of a common carrier or 

15 other delivery service, $2,500 in the case of a 

16 first violation, or $5,000 for any violation with17 in 1 year of a prior violation. 

18 ‘‘(2) RELATION TO OTHER PENALTIES.—A civil 

19 penalty imposed under paragraph (1) for a violation 

20 of this Act shall be imposed in addition to any crimi21 nal penalty under subsection (a) and any other dam22 ages, equitable relief, or injunctive relief awarded by 

23 the court, including the payment of any unpaid taxes 

24 to the appropriate Federal, State, local, or tribal 

25 governments. 
40 

†S 1147 ES

1 ‘‘(3) EXCEPTIONS.— 

2 ‘‘(A) DELIVERY VIOLATIONS.—An em3 ployee of a common carrier or independent de4 livery service shall be subject to civil penalties 

5 under paragraph (1) for a violation of section 

6 2A(e) only if the violation is committed inten7 tionally— 

8 ‘‘(i) as consideration for the receipt 

9 of, or as consideration for a promise or 

10 agreement to pay, anything of pecuniary 

11 value; or 

12 ‘‘(ii) for the purpose of assisting a de13 livery seller to violate, or otherwise evading 

14 compliance with, section 2A. 

15 ‘‘(B) OTHER LIMITATIONS.—No common 

16 carrier or independent delivery service shall be 

17 subject to civil penalties under paragraph (1) 

18 for a violation of section 2A(e) if— 

19 ‘‘(i) the common carrier or inde20 pendent delivery service has implemented 

21 and enforces effective policies and practices 

22 for complying with that section; or 

23 ‘‘(ii) the violation consists of an em24 ployee of the common carrier or inde25 pendent delivery service who physically re-
41 

†S 1147 ES

1 ceives and processes orders, picks up pack2 ages, processes packages, or makes deliv3 eries, taking actions that are outside the 

4 scope of employment of the employee, or 

5 that violate the implemented and enforced 

6 policies of the common carrier or inde7 pendent delivery service described in clause 

8 (i).’’. 

9 (e) ENFORCEMENT.—The Jenkins Act is amended by 

10 striking section 4 and inserting the following: 

11 ‘‘SEC. 4. ENFORCEMENT. 

12 ‘‘(a) IN GENERAL.—The United States district 

13 courts shall have jurisdiction to prevent and restrain viola14 tions of this Act and to provide other appropriate injunc15 tive or equitable relief, including money damages, for the 

16 violations. 

17 ‘‘(b) AUTHORITY OF THE ATTORNEY GENERAL.— 

18 The Attorney General of the United States shall admin19 ister and enforce this Act. 

20 ‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) STANDING.—A State, through its at23 torney general, or a local government or Indian 

24 tribe that levies a tax subject to section 

25 2A(a)(3), through its chief law enforcement of-
42 

†S 1147 ES

1 ficer, may bring an action in a United States 

2 district court to prevent and restrain violations 

3 of this Act by any person or to obtain any other 

4 appropriate relief from any person for violations 

5 of this Act, including civil penalties, money 

6 damages, and injunctive or other equitable re7 lief. 

8 ‘‘(B) SOVEREIGN IMMUNITY.—Nothing in 

9 this Act shall be deemed to abrogate or con10 stitute a waiver of any sovereign immunity of a 

11 State or local government or Indian tribe 

12 against any unconsented lawsuit under this Act, 

13 or otherwise to restrict, expand, or modify any 

14 sovereign immunity of a State or local govern15 ment or Indian tribe. 

16 ‘‘(2) PROVISION OF INFORMATION.—A State, 

17 through its attorney general, or a local government 

18 or Indian tribe that levies a tax subject to section 

19 2A(a)(3), through its chief law enforcement officer, 

20 may provide evidence of a violation of this Act by 

21 any person not subject to State, local, or tribal gov22 ernment enforcement actions for violations of this 

23 Act to the Attorney General of the United States or 

24 a United States attorney, who shall take appropriate 

25 actions to enforce this Act. 
43 

†S 1147 ES

1 ‘‘(3) USE OF PENALTIES COLLECTED.— 

2 ‘‘(A) IN GENERAL.—There is established a 

3 separate account in the Treasury known as the 

4 ‘PACT Anti-Trafficking Fund’. Notwith5 standing any other provision of law and subject 

6 to subparagraph (B), an amount equal to 50 

7 percent of any criminal and civil penalties col8 lected by the Federal Government in enforcing 

9 this Act shall be transferred into the PACT 

10 Anti-Trafficking Fund and shall be available to 

11 the Attorney General of the United States for 

12 purposes of enforcing this Act and other laws 

13 relating to contraband tobacco products. 

14 ‘‘(B) ALLOCATION OF FUNDS.—Of the 

15 amount available to the Attorney General of the 

16 United States under subparagraph (A), not less 

17 than 50 percent shall be made available only to 

18 the agencies and offices within the Department 

19 of Justice that were responsible for the enforce20 ment actions in which the penalties concerned 

21 were imposed or for any underlying investiga22 tions. 

23 ‘‘(4) NONEXCLUSIVITY OF REMEDY.— 

24 ‘‘(A) IN GENERAL.—The remedies avail25 able under this section and section 3 are in ad-
44 

†S 1147 ES

1 dition to any other remedies available under 

2 Federal, State, local, tribal, or other law. 

3 ‘‘(B) STATE COURT PROCEEDINGS.—Noth4 ing in this Act shall be construed to expand, re5 strict, or otherwise modify any right of an au6 thorized State official to proceed in State court, 

7 or take other enforcement actions, on the basis 

8 of an alleged violation of State or other law. 

9 ‘‘(C) TRIBAL COURT PROCEEDINGS.— 

10 Nothing in this Act shall be construed to ex11 pand, restrict, or otherwise modify any right of 

12 an authorized Indian tribal government official 

13 to proceed in tribal court, or take other enforce14 ment actions, on the basis of an alleged viola15 tion of tribal law. 

16 ‘‘(D) LOCAL GOVERNMENT ENFORCE17 MENT.—Nothing in this Act shall be construed 

18 to expand, restrict, or otherwise modify any 

19 right of an authorized local government official 

20 to proceed in State court, or take other enforce21 ment actions, on the basis of an alleged viola22 tion of local or other law. 

23 ‘‘(d) PERSONS DEALING IN TOBACCO PRODUCTS.— 

24 Any person who holds a permit under section 5712 of the 

25 Internal Revenue Code of 1986 (regarding permitting of 
45 

†S 1147 ES

1 manufacturers and importers of tobacco products and ex2 port warehouse proprietors) may bring an action in an ap3 propriate United States district court to prevent and re4 strain violations of this Act by any person other than a 

5 State, local, or tribal government. 

6 ‘‘(e) NOTICE.— 

7 ‘‘(1) PERSONS DEALING IN TOBACCO PROD8 UCTS.—Any person who commences a civil action 

9 under subsection (d) shall inform the Attorney Gen10 eral of the United States of the action. 

11 ‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It 

12 is the sense of Congress that the attorney general of 

13 any State, or chief law enforcement officer of any lo14 cality or tribe, that commences a civil action under 

15 this section should inform the Attorney General of 

16 the United States of the action. 

17 ‘‘(f) PUBLIC NOTICE.— 

18 ‘‘(1) IN GENERAL.—The Attorney General of 

19 the United States shall make available to the public, 

20 by posting information on the Internet and by other 

21 appropriate means, information regarding all en22 forcement actions brought by the United States, or 

23 reported to the Attorney General of the United 

24 States, under this section, including information re25 garding the resolution of the enforcement actions 
46 

†S 1147 ES

1 and how the Attorney General of the United States 

2 has responded to referrals of evidence of violations 

3 pursuant to subsection (c)(2). 

4 ‘‘(2) REPORTS TO CONGRESS.—Not later than 

5 1 year after the date of enactment of the Prevent All 

6 Cigarette Trafficking Act of 2009, and every year 

7 thereafter until the date that is 5 years after such 

8 date of enactment, the Attorney General of the 

9 United States shall submit to Congress a report con10 taining the information described in paragraph 

11 (1).’’. 

12 SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TO13 BACCO AS NONMAILABLE MATTER. 

14 (a) IN GENERAL.—Chapter 83 of title 18, United 

15 States Code, is amended by inserting after section 1716D 

16 the following: 

17 ‘‘§ 1716E. Tobacco products as nonmailable 

18 ‘‘(a) PROHIBITION.— 

19 ‘‘(1) IN GENERAL.—All cigarettes and smoke20 less tobacco (as those terms are defined in section 

21 1 of the Act of October 19, 1949, commonly referred 

22 to as the Jenkins Act) are nonmailable and shall not 

23 be deposited in or carried through the mails. The 

24 United States Postal Service shall not accept for de25 livery or transmit through the mails any package 
47 

†S 1147 ES

1 that it knows or has reasonable cause to believe con2 tains any cigarettes or smokeless tobacco made non3 mailable by this paragraph. 

4 ‘‘(2) REASONABLE CAUSE.—For the purposes 

5 of this subsection reasonable cause includes— 

6 ‘‘(A) a statement on a publicly available 

7 website, or an advertisement, by any person 

8 that the person will mail matter which is non9 mailable under this section in return for pay10 ment; or 

11 ‘‘(B) the fact that the person is on the list 

12 created under section 2A(e) of the Jenkins Act. 

13 ‘‘(b) EXCEPTIONS.— 

14 ‘‘(1) CIGARS.—Subsection (a) shall not apply to 

15 cigars (as defined in section 5702(a) of the Internal 

16 Revenue Code of 1986). 

17 ‘‘(2) GEOGRAPHIC EXCEPTION.—Subsection (a) 

18 shall not apply to mailings within the State of Alas19 ka or within the State of Hawaii. 

20 ‘‘(3) BUSINESS PURPOSES.— 

21 ‘‘(A) IN GENERAL.—Subsection (a) shall 

22 not apply to tobacco products mailed only— 

23 ‘‘(i) for business purposes between le24 gally operating businesses that have all ap25 plicable State and Federal Government li-
48 

†S 1147 ES

1 censes or permits and are engaged in to2 bacco product manufacturing, distribution, 

3 wholesale, export, import, testing, inves4 tigation, or research; or 

5 ‘‘(ii) for regulatory purposes between 

6 any business described in clause (i) and an 

7 agency of the Federal Government or a 

8 State government. 

9 ‘‘(B) RULES.— 

10 ‘‘(i) IN GENERAL.—Not later than 

11 180 days after the date of enactment of 

12 the Prevent All Cigarette Trafficking Act 

13 of 2009, the Postmaster General shall 

14 issue a final rule which shall establish the 

15 standards and requirements that apply to 

16 all mailings described in subparagraph (A). 

17 ‘‘(ii) CONTENTS.—The final rule 

18 issued under clause (i) shall require— 

19 ‘‘(I) the United States Postal 

20 Service to verify that any person sub21 mitting an otherwise nonmailable to22 bacco product into the mails as au23 thorized under this paragraph is a 

24 business or government agency per-
49 

†S 1147 ES

1 mitted to make a mailing under this 

2 paragraph; 

3 ‘‘(II) the United States Postal 

4 Service to ensure that any recipient of 

5 an otherwise nonmailable tobacco 

6 product sent through the mails under 

7 this paragraph is a business or gov8 ernment agency that may lawfully re9 ceive the product; 

10 ‘‘(III) that any mailing described 

11 in subparagraph (A) shall be sent 

12 through the systems of the United 

13 States Postal Service that provide for 

14 the tracking and confirmation of the 

15 delivery; 

16 ‘‘(IV) that the identity of the 

17 business or government entity submit18 ting the mailing containing otherwise 

19 nonmailable tobacco products for de20 livery and the identity of the business 

21 or government entity receiving the 

22 mailing are clearly set forth on the 

23 package; 

24 ‘‘(V) the United States Postal 

25 Service to maintain identifying infor-
50 

†S 1147 ES

1 mation described in subclause (IV) 

2 during the 3-year period beginning on 

3 the date of the mailing and make the 

4 information available to the Postal 

5 Service, the Attorney General of the 

6 United States, and to persons eligible 

7 to bring enforcement actions under 

8 section 3(d) of the Prevent All Ciga9 rette Trafficking Act of 2009; 

10 ‘‘(VI) that any mailing described 

11 in subparagraph (A) be marked with 

12 a United States Postal Service label 

13 or marking that makes it clear to em14 ployees of the United States Postal 

15 Service that it is a permitted mailing 

16 of otherwise nonmailable tobacco 

17 products that may be delivered only to 

18 a permitted government agency or 

19 business and may not be delivered to 

20 any residence or individual person; 

21 and 

22 ‘‘(VII) that any mailing described 

23 in subparagraph (A) be delivered only 

24 to a verified employee of the recipient 

25 business or government agency, who is 
51 

†S 1147 ES

1 not a minor and who shall be required 

2 to sign for the mailing. 

3 ‘‘(C) DEFINITION.—In this paragraph, the 

4 term ‘minor’ means an individual who is less 

5 than the minimum age required for the legal 

6 sale or purchase of tobacco products as deter7 mined by applicable law at the place the indi8 vidual is located. 

9 ‘‘(4) CERTAIN INDIVIDUALS.— 

10 ‘‘(A) IN GENERAL.—Subsection (a) shall 

11 not apply to tobacco products mailed by individ12 uals who are not minors for noncommercial 

13 purposes, including the return of a damaged or 

14 unacceptable tobacco product to the manufac15 turer. 

16 ‘‘(B) RULES.— 

17 ‘‘(i) IN GENERAL.—Not later than 

18 180 days after the date of enactment of 

19 the Prevent All Cigarette Trafficking Act 

20 of 2009, the Postmaster General shall 

21 issue a final rule which shall establish the 

22 standards and requirements that apply to 

23 all mailings described in subparagraph (A). 

24 ‘‘(ii) CONTENTS.—The final rule 

25 issued under clause (i) shall require— 
52 

†S 1147 ES

1 ‘‘(I) the United States Postal 

2 Service to verify that any person sub3 mitting an otherwise nonmailable to4 bacco product into the mails as au5 thorized under this paragraph is the 

6 individual identified on the return ad7 dress label of the package and is not 

8 a minor; 

9 ‘‘(II) for a mailing to an indi10 vidual, the United States Postal Serv11 ice to require the person submitting 

12 the otherwise nonmailable tobacco 

13 product into the mails as authorized 

14 by this paragraph to affirm that the 

15 recipient is not a minor; 

16 ‘‘(III) that any package mailed 

17 under this paragraph shall weigh not 

18 more than 10 ounces; 

19 ‘‘(IV) that any mailing described 

20 in subparagraph (A) shall be sent 

21 through the systems of the United 

22 States Postal Service that provide for 

23 the tracking and confirmation of the 

24 delivery; 
53 

†S 1147 ES

1 ‘‘(V) that a mailing described in 

2 subparagraph (A) shall not be deliv3 ered or placed in the possession of any 

4 individual who has not been verified 

5 as not being a minor; 

6 ‘‘(VI) for a mailing described in 

7 subparagraph (A) to an individual, 

8 that the United States Postal Service 

9 shall deliver the package only to a re10 cipient who is verified not to be a 

11 minor at the recipient address or 

12 transfer it for delivery to an Air/Army 

13 Postal Office or Fleet Postal Office 

14 number designated in the recipient 

15 address; and 

16 ‘‘(VII) that no person may ini17 tiate more than 10 mailings described 

18 in subparagraph (A) during any 30- 

19 day period. 

20 ‘‘(C) DEFINITION.—In this paragraph, the 

21 term ‘minor’ means an individual who is less 

22 than the minimum age required for the legal 

23 sale or purchase of tobacco products as deter24 mined by applicable law at the place the indi25 vidual is located. 
54 

†S 1147 ES

1 ‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER

2 TESTING BY MANUFACTURERS.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), subsection (a) shall not preclude a 

5 legally operating cigarette manufacturer or a le6 gally authorized agent of a legally operating 

7 cigarette manufacturer from using the United 

8 States Postal Service to mail cigarettes to 

9 verified adult smoker solely for consumer test10 ing purposes, if— 

11 ‘‘(i) the cigarette manufacturer has a 

12 permit, in good standing, issued under sec13 tion 5713 of the Internal Revenue Code of 

14 1986; 

15 ‘‘(ii) the package of cigarettes mailed 

16 under this paragraph contains not more 

17 than 12 packs of cigarettes (240 ciga18 rettes); 

19 ‘‘(iii) the recipient does not receive 

20 more than 1 package of cigarettes from 

21 any 1 cigarette manufacturer under this 

22 paragraph during any 30-day period; 

23 ‘‘(iv) all taxes on the cigarettes mailed 

24 under this paragraph levied by the State 

25 and locality of delivery are paid to the 
55 

†S 1147 ES

1 State and locality before delivery, and tax 

2 stamps or other tax-payment indicia are 

3 affixed to the cigarettes as required by law; 

4 and 

5 ‘‘(v)(I) the recipient has not made any 

6 payments of any kind in exchange for re7 ceiving the cigarettes; 

8 ‘‘(II) the recipient is paid a fee by the 

9 manufacturer or agent of the manufacturer 

10 for participation in consumer product 

11 tests; and 

12 ‘‘(III) the recipient, in connection 

13 with the tests, evaluates the cigarettes and 

14 provides feedback to the manufacturer or 

15 agent. 

16 ‘‘(B) LIMITATIONS.—Subparagraph (A) 

17 shall not— 

18 ‘‘(i) permit a mailing of cigarettes to 

19 an individual located in any State that pro20 hibits the delivery or shipment of ciga21 rettes to individuals in the State, or pre22 empt, limit, or otherwise affect any related 

23 State laws; or 

24 ‘‘(ii) permit a manufacturer, directly 

25 or through a legally authorized agent, to 
56 

†S 1147 ES

1 mail cigarettes in any calendar year in a 

2 total amount greater than 1 percent of the 

3 total cigarette sales of the manufacturer in 

4 the United States during the calendar year 

5 before the date of the mailing. 

6 ‘‘(C) RULES.— 

7 ‘‘(i) IN GENERAL.—Not later than 

8 180 days after the date of enactment of 

9 the Prevent All Cigarette Trafficking Act 

10 of 2009, the Postmaster General shall 

11 issue a final rule which shall establish the 

12 standards and requirements that apply to 

13 all mailings described in subparagraph (A). 

14 ‘‘(ii) CONTENTS.—The final rule 

15 issued under clause (i) shall require— 

16 ‘‘(I) the United States Postal 

17 Service to verify that any person sub18 mitting a tobacco product into the 

19 mails under this paragraph is a le20 gally operating cigarette manufacturer 

21 permitted to make a mailing under 

22 this paragraph, or an agent legally 

23 authorized by the legally operating 

24 cigarette manufacturer to submit the 
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1 tobacco product into the mails on be2 half of the manufacturer; 

3 ‘‘(II) the legally operating ciga4 rette manufacturer submitting the 

5 cigarettes into the mails under this 

6 paragraph to affirm that— 

7 ‘‘(aa) the manufacturer or 

8 the legally authorized agent of 

9 the manufacturer has verified 

10 that the recipient is an adult es11 tablished smoker; 

12 ‘‘(bb) the recipient has not 

13 made any payment for the ciga14 rettes; 

15 ‘‘(cc) the recipient has 

16 signed a written statement that 

17 is in effect indicating that the re18 cipient wishes to receive the mail19 ings; and 

20 ‘‘(dd) the manufacturer or 

21 the legally authorized agent of 

22 the manufacturer has offered the 

23 opportunity for the recipient to 

24 withdraw the written statement 

25 described in item (cc) not less 
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1 frequently than once in every 3- 

2 month period; 

3 ‘‘(III) the legally operating ciga4 rette manufacturer or the legally au5 thorized agent of the manufacturer 

6 submitting the cigarettes into the 

7 mails under this paragraph to affirm 

8 that any package mailed under this 

9 paragraph contains not more than 12 

10 packs of cigarettes (240 cigarettes) on 

11 which all taxes levied on the cigarettes 

12 by the State and locality of delivery 

13 have been paid and all related State 

14 tax stamps or other tax-payment indi15 cia have been applied; 

16 ‘‘(IV) that any mailing described 

17 in subparagraph (A) shall be sent 

18 through the systems of the United 

19 States Postal Service that provide for 

20 the tracking and confirmation of the 

21 delivery; 

22 ‘‘(V) the United States Postal 

23 Service to maintain records relating to 

24 a mailing described in subparagraph 

25 (A) during the 3-year period begin-
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1 ning on the date of the mailing and 

2 make the information available to per3 sons enforcing this section; 

4 ‘‘(VI) that any mailing described 

5 in subparagraph (A) be marked with 

6 a United States Postal Service label 

7 or marking that makes it clear to em8 ployees of the United States Postal 

9 Service that it is a permitted mailing 

10 of otherwise nonmailable tobacco 

11 products that may be delivered only to 

12 the named recipient after verifying 

13 that the recipient is an adult; and 

14 ‘‘(VII) the United States Postal 

15 Service shall deliver a mailing de16 scribed in subparagraph (A) only to 

17 the named recipient and only after 

18 verifying that the recipient is an 

19 adult. 

20 ‘‘(D) DEFINITIONS.—In this paragraph— 

21 ‘‘(i) the term ‘adult’ means an indi22 vidual who is not less than 21 years of age; 

23 and 

24 ‘‘(ii) the term ‘consumer testing’ 

25 means testing limited to formal data collec-
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1 tion and analysis for the specific purpose 

2 of evaluating the product for quality assur3 ance and benchmarking purposes of ciga4 rette brands or sub-brands among existing 

5 adult smokers. 

6 ‘‘(6) FEDERAL GOVERNMENT AGENCIES.—An 

7 agency of the Federal Government involved in the 

8 consumer testing of tobacco products solely for pub9 lic health purposes may mail cigarettes under the 

10 same requirements, restrictions, and rules and pro11 cedures that apply to consumer testing mailings of 

12 cigarettes by manufacturers under paragraph (5), 

13 except that the agency shall not be required to pay 

14 the recipients for participating in the consumer test15 ing. 

16 ‘‘(c) SEIZURE AND FORFEITURE.—Any cigarettes or 

17 smokeless tobacco made nonmailable by this subsection 

18 that are deposited in the mails shall be subject to seizure 

19 and forfeiture, pursuant to the procedures set forth in 

20 chapter 46 of this title. Any tobacco products seized and 

21 forfeited under this subsection shall be destroyed or re22 tained by the Federal Government for the detection or 

23 prosecution of crimes or related investigations and then 

24 destroyed. 
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1 ‘‘(d) ADDITIONAL PENALTIES.—In addition to any 

2 other fines and penalties under this title for violations of 

3 this section, any person violating this section shall be sub4 ject to an additional civil penalty in the amount equal to 

5 10 times the retail value of the nonmailable cigarettes or 

6 smokeless tobacco, including all Federal, State, and local 

7 taxes. 

8 ‘‘(e) CRIMINAL PENALTY.—Whoever knowingly de9 posits for mailing or delivery, or knowingly causes to be 

10 delivered by mail, according to the direction thereon, or 

11 at any place at which it is directed to be delivered by the 

12 person to whom it is addressed, anything that is non13 mailable matter under this section shall be fined under 

14 this title, imprisoned not more than 1 year, or both. 

15 ‘‘(f) USE OF PENALTIES.—There is established a sep16 arate account in the Treasury, to be known as the ‘PACT 

17 Postal Service Fund’. Notwithstanding any other provi18 sion of law, an amount equal to 50 percent of any criminal 

19 fines, civil penalties, or other monetary penalties collected 

20 by the Federal Government in enforcing this section shall 

21 be transferred into the PACT Postal Service Fund and 

22 shall be available to the Postmaster General for the pur23 pose of enforcing this subsection. 

24 ‘‘(g) COORDINATION OF EFFORTS.—The Postmaster 

25 General shall cooperate and coordinate efforts to enforce 
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1 this section with related enforcement activities of any 

2 other Federal agency or agency of any State, local, or trib3 al government, whenever appropriate. 

4 ‘‘(h) ACTIONS BY STATE, LOCAL, OR TRIBAL GOV5 ERNMENTS RELATING TO CERTAIN TOBACCO PROD6 UCTS.— 

7 ‘‘(1) IN GENERAL.—A State, through its attor8 ney general, or a local government or Indian tribe 

9 that levies an excise tax on tobacco products, 

10 through its chief law enforcement officer, may in a 

11 civil action in a United States district court obtain 

12 appropriate relief with respect to a violation of this 

13 section. Appropriate relief includes injunctive and 

14 equitable relief and damages equal to the amount of 

15 unpaid taxes on tobacco products mailed in violation 

16 of this section to addressees in that State, locality, 

17 or tribal land. 

18 ‘‘(2) SOVEREIGN IMMUNITY.—Nothing in this 

19 subsection shall be deemed to abrogate or constitute 

20 a waiver of any sovereign immunity of a State or 

21 local government or Indian tribe against any 

22 unconsented lawsuit under paragraph (1), or other23 wise to restrict, expand, or modify any sovereign im24 munity of a State or local government or Indian 

25 tribe. 
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1 ‘‘(3) ATTORNEY GENERAL REFERRAL.—A 

2 State, through its attorney general, or a local gov3 ernment or Indian tribe that levies an excise tax on 

4 tobacco products, through its chief law enforcement 

5 officer, may provide evidence of a violation of this 

6 section for commercial purposes by any person not 

7 subject to State, local, or tribal government enforce8 ment actions for violations of this section to the At9 torney General of the United States, who shall take 

10 appropriate actions to enforce this section. 

11 ‘‘(4) NONEXCLUSIVITY OF REMEDIES.—The 

12 remedies available under this subsection are in addi13 tion to any other remedies available under Federal, 

14 State, local, tribal, or other law. Nothing in this sub15 section shall be construed to expand, restrict, or oth16 erwise modify any right of an authorized State, 

17 local, or tribal government official to proceed in a 

18 State, tribal, or other appropriate court, or take 

19 other enforcement actions, on the basis of an alleged 

20 violation of State, local, tribal, or other law. 

21 ‘‘(5) OTHER ENFORCEMENT ACTIONS.—Noth22 ing in this subsection shall be construed to prohibit 

23 an authorized State official from proceeding in State 

24 court on the basis of an alleged violation of any gen25 eral civil or criminal statute of the State. 
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1 ‘‘(i) DEFINITION.—In this section, the term ‘State’ 

2 has the meaning given that term in section 1716(k).’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 83 of title 18 is amended by inserting after 

5 the item relating to section 1716D the following: 

‘‘1716E. Tobacco products as nonmailable.’’. 

6 SEC. 4. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, 

7 FIREARMS, AND EXPLOSIVES OF RECORDS 

8 OF CERTAIN CIGARETTE AND SMOKELESS 

9 TOBACCO SELLERS; CIVIL PENALTY. 

10 Section 2343(c) of title 18, United States Code, is 

11 amended to read as follows: 

12 ‘‘(c)(1) Any officer of the Bureau of Alcohol, To13 bacco, Firearms, and Explosives may, during normal busi14 ness hours, enter the premises of any person described in 

15 subsection (a) or (b) for the purposes of inspecting— 

16 ‘‘(A) any records or information required to be 

17 maintained by the person under this chapter; or 

18 ‘‘(B) any cigarettes or smokeless tobacco kept 

19 or stored by the person at the premises. 

20 ‘‘(2) The district courts of the United States shall 

21 have the authority in a civil action under this subsection 

22 to compel inspections authorized by paragraph (1). 

23 ‘‘(3) Whoever denies access to an officer under para24 graph (1), or who fails to comply with an order issued 
65 

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1 under paragraph (2), shall be subject to a civil penalty 

2 in an amount not to exceed $10,000.’’. 

3 SEC. 5. EXCLUSIONS REGARDING INDIAN TRIBES AND 

4 TRIBAL MATTERS. 

5 (a) IN GENERAL.—Nothing in this Act or the amend6 ments made by this Act shall be construed to amend, mod7 ify, or otherwise affect— 

8 (1) any agreements, compacts, or other inter9 governmental arrangements between any State or 

10 local government and any government of an Indian 

11 tribe (as that term is defined in section 4(e) of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 450b(e)) relating to the collection of 

14 taxes on cigarettes or smokeless tobacco sold in In15 dian country; 

16 (2) any State laws that authorize or otherwise 

17 pertain to any such intergovernmental arrangements 

18 or create special rules or procedures for the collec19 tion of State, local, or tribal taxes on cigarettes or 

20 smokeless tobacco sold in Indian country; 

21 (3) any limitations under Federal or State law, 

22 including Federal common law and treaties, on 

23 State, local, and tribal tax and regulatory authority 

24 with respect to the sale, use, or distribution of ciga25 rettes and smokeless tobacco by or to Indian tribes, 
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1 tribal members, tribal enterprises, or in Indian coun2 try; 

3 (4) any Federal law, including Federal common 

4 law and treaties, regarding State jurisdiction, or 

5 lack thereof, over any tribe, tribal members, tribal 

6 enterprises, tribal reservations, or other lands held 

7 by the United States in trust for one or more Indian 

8 tribes; or 

9 (5) any State or local government authority to 

10 bring enforcement actions against persons located in 

11 Indian country. 

12 (b) COORDINATION OF LAW ENFORCEMENT.—Noth13 ing in this Act or the amendments made by this Act shall 

14 be construed to inhibit or otherwise affect any coordinated 

15 law enforcement effort by 1 or more States or other juris16 dictions, including Indian tribes, through interstate com17 pact or otherwise, that— 

18 (1) provides for the administration of tobacco 

19 product laws or laws pertaining to interstate sales or 

20 other sales of tobacco products; 

21 (2) provides for the seizure of tobacco products 

22 or other property related to a violation of such laws; 

23 or 

24 (3) establishes cooperative programs for the ad25 ministration of such laws. 
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1 (c) TREATMENT OF STATE AND LOCAL GOVERN2 MENTS.—Nothing in this Act or the amendments made 

3 by this Act shall be construed to authorize, deputize, or 

4 commission States or local governments as instrumental5 ities of the United States. 

6 (d) ENFORCEMENT WITHIN INDIAN COUNTRY.— 

7 Nothing in this Act or the amendments made by this Act 

8 shall prohibit, limit, or restrict enforcement by the Attor9 ney General of the United States of this Act or an amend10 ment made by this Act within Indian country. 

11 (e) AMBIGUITY.—Any ambiguity between the lan12 guage of this section or its application and any other pro13 vision of this Act shall be resolved in favor of this section. 

14 (f) DEFINITIONS.—In this section— 

15 (1) the term ‘‘Indian country’’ has the meaning 

16 given that term in section 1 of the Jenkins Act, as 

17 amended by this Act; and 

18 (2) the term ‘‘tribal enterprise’’ means any 

19 business enterprise, regardless of whether incor20 porated or unincorporated under Federal or tribal 

21 law, of an Indian tribe or group of Indian tribes. 

22 SEC. 6. EFFECTIVE DATE. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (b), this Act shall take effect on the date that is 90 days 

25 after the date of enactment of this Act. 
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1 (b) BATFE AUTHORITY.—The amendments made by 

2 section 4 shall take effect on the date of enactment of this 

3 Act. 

4 SEC. 7. SEVERABILITY. 

5 If any provision of this Act, or any amendment made 

6 by this Act, or the application thereof to any person or 

7 circumstance, is held invalid, the remainder of the Act and 

8 the application of the Act to any other person or cir9 cumstance shall not be affected thereby. 

10 SEC. 8. SENSE OF CONGRESS CONCERNING THE PRECE11 DENTIAL EFFECT OF THIS ACT. 

12 It is the sense of Congress that unique harms are 

13 associated with online cigarette sales, including problems 

14 with verifying the ages of consumers in the digital market 

15 and the long-term health problems associated with the use 

16 of certain tobacco products. This Act was enacted recog17 nizing the longstanding interest of Congress in urging 

18 compliance with States’ laws regulating remote sales of 

19 certain tobacco products to citizens of those States, includ20 ing the passage of the Jenkins Act over 50 years ago, 

21 which established reporting requirements for out-of-State 

22 companies that sell certain tobacco products to citizens of 

23 the taxing States, and which gave authority to the Depart24 ment of Justice and the Bureau of Alcohol, Tobacco, Fire25 arms, and Explosives to enforce the Jenkins Act. In light 
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1 of the unique harms and circumstances surrounding the 

2 online sale of certain tobacco products, this Act is in3 tended to help collect cigarette excise taxes, to stop to4 bacco sales to underage youth, and to help the States en5 force their laws that target the online sales of certain to6 bacco products only. This Act is in no way meant to create 

7 a precedent regarding the collection of State sales or use 

8 taxes by, or the validity of efforts to impose other types 

9 of taxes on, out-of-State entities that do not have a phys10 ical presence within the taxing State. 

Passed the Senate March 11, 2010. 

Attest: 

Secretary. 
111TH CONGRESS 

2D SESSION S. 1147 

AN ACT 

To prevent tobacco smuggling, to ensure the collection of all tobacco taxes, and for other purposes.