IB 
Union Calendar No. 60 
111TH CONGRESS 
1ST SESSION H. R. 1676 
[Report No. 111–117] 
To prevent tobacco smuggling, to ensure the collection of all tobacco taxes, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2009 
Mr. WEINER introduced the following bill; which was referred to the 
Committee on the Judiciary 
MAY 18, 2009 
Additional sponsors: Mr. SMITH of Texas, Mr. COHEN, and Mr. ISSA 
MAY 18, 2009 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 23, 2009] 
A BILL 
To prevent tobacco smuggling, to ensure the collection of 
all tobacco taxes, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Pre-
vent All Cigarette Trafficking Act of 2009’’ or ‘‘PACT Act’’. 
(b) FINDINGS.—Congress finds that— 
(1) the sale of illegal cigarettes and smokeless to-
bacco products significantly reduces Federal, State, 
and local government revenues, with Internet sales 
alone accounting for billions of dollars of lost Federal, 
State, and local tobacco tax revenue each year; 
(2) Hezbollah, Hamas, al Qaeda, and other ter-
rorist organizations have profited from trafficking in 
illegal cigarettes or counterfeit cigarette tax stamps; 
(3) terrorist involvement in illicit cigarette traf-
ficking will continue to grow because of the large 
profits such organizations can earn; 
(4) the sale of illegal cigarettes and smokeless to-
bacco over the Internet, and through mail, fax, or 
phone orders, make it cheaper and easier for children 
to obtain tobacco products; 
(5) the majority of Internet and other remote 
sales of cigarettes and smokeless tobacco are being 
made without adequate precautions to protect against 
sales to children, without the payment of applicable 
taxes, and without complying with the nominal reg-
istration and reporting requirements in existing Fed-
eral law; 
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(6) unfair competition from illegal sales of ciga-
rettes and smokeless tobacco is taking billions of dol-
lars of sales away from law-abiding retailers through-
out the United States; 
(7) with rising State and local tobacco tax rates, 
the incentives for the illegal sale of cigarettes and 
smokeless tobacco have increased; 
(8) the number of active tobacco investigations 
being conducted by the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives rose to 452 in 2005; 
(9) the number of Internet vendors in the United 
States and in foreign countries that sell cigarettes 
and smokeless tobacco to buyers in the United States 
increased from only about 40 in 2000 to more than 
500 in 2005; and 
(10) the intrastate sale of illegal cigarettes and 
smokeless tobacco over the Internet has a substantial 
effect on interstate commerce. 
(c) PURPOSES.—It is the purpose of this Act to— 
(1) require Internet and other remote sellers of 
cigarettes and smokeless tobacco to comply with the 
same laws that apply to law-abiding tobacco retailers; 
(2) create strong disincentives to illegal smug-
gling of tobacco products; 
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(3) provide government enforcement officials 
with more effective enforcement tools to combat to-
bacco smuggling; 
(4) make it more difficult for cigarette and 
smokeless tobacco traffickers to engage in and profit 
from their illegal activities; 
(5) increase collections of Federal, State, and 
local excise taxes on cigarettes and smokeless tobacco; 
and 
(6) prevent and reduce youth access to inexpen-
sive cigarettes and smokeless tobacco through illegal 
Internet or contraband sales. 
SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKE-
LESS TOBACCO TAXES. 
(a) DEFINITIONS.—The Act of October 19, 1949 (15 
U.S.C. 375 et seq.; commonly referred to as the ‘‘Jenkins 
Act’’) (referred to in this Act as the ‘‘Jenkins Act’’), is 
amended by striking the first section and inserting the fol-
lowing: 
‘‘SECTION 1. DEFINITIONS. 
‘‘As used in this Act, the following definitions apply: 
‘‘(1) ATTORNEY GENERAL.—The term ‘attorney 
general’, with respect to a State, means the attorney 
general or other chief law enforcement officer of the 
State, or the designee of that officer. 
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‘‘(2) CIGARETTE.— 
‘‘(A) IN
GENERAL.—For purposes of this 
Act, the term ‘cigarette’ shall— 
‘‘(i) have the same meaning given that 
term in section 2341 of title 18, United 
States Code; and 
‘‘(ii) include ‘roll-your-own tobacco’ 
(as that term is defined in section 5702 of 
the Internal Revenue Code of 1986). 
‘‘(B) EXCEPTION.—For purposes of this Act, 
the term ‘cigarette’ does not include a ‘cigar’, as 
that term is defined in section 5702 of the Inter-
nal Revenue Code of 1986. 
‘‘(3) COMMON CARRIER.—The term ‘common car-
rier’ means any person (other than a local messenger 
service or the United States Postal Service) that holds 
itself out to the general public as a provider for hire 
of the transportation by water, land, or air of mer-
chandise, whether or not the person actually operates 
the vessel, vehicle, or aircraft by which the transpor-
tation is provided, between a port or place and a port 
or place in the United States. 
‘‘(4) CONSUMER.—The term ‘consumer’ means 
any person that purchases cigarettes or smokeless to-
bacco, but does not include any person lawfully oper-
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ating as a manufacturer, distributor, wholesaler, or 
retailer of cigarettes or smokeless tobacco. 
‘‘(5) DELIVERY SALE.—The term ‘delivery sale’ 
means any sale of cigarettes or smokeless tobacco to 
a consumer if— 
‘‘(A) the consumer submits the order for 
such sale by means of a telephone or other meth-
od of voice transmission, the mails, or the Inter-
net or other online service, or the seller is other-
wise not in the physical presence of the buyer 
when the request for purchase or order is made; 
or 
‘‘(B) the cigarettes or smokeless tobacco are 
delivered to the buyer by common carrier, pri-
vate delivery service, or
other method of
re-
mote delivery, or the seller is not in the physical 
presence of the buyer when the buyer obtains pos-
session of the cigarettes or smokeless tobacco. 
‘‘(6) DELIVERY
SELLER.—The term ‘delivery 
seller’ means a person who makes a delivery sale. 
‘‘(7) INDIAN COUNTRY.—The term ‘Indian coun-
try’ means— 
‘‘(A) Indian country as defined in section 
1151 of title 18, United States Code, except that 
within the State of Alaska that term applies only 
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to the Metlakatla Indian Community, Annette 
Island Reserve; and 
‘‘(B) any other land held by the United 
States in trust or restricted status for one or 
more Indian tribes. 
‘‘(8) INDIAN
TRIBE.—The term ‘Indian tribe’, 
‘tribe’, or ‘tribal’ refers to an Indian tribe as defined 
in section 4(e) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(e)) or as 
listed pursuant to section 104 of the Federally Recog-
nized Indian Tribe List Act of 1994 (25 U.S.C. 479a– 
1). 
‘‘(9) INTERSTATE COMMERCE.—The term ‘inter-
state commerce’ means commerce between a State and 
any place outside the State, commerce between a 
State and any Indian country in the State, or com-
merce between points in the same State but through 
any place outside the State or through any Indian 
country. 
‘‘(10) INTO A STATE, PLACE, OR LOCALITY.—A 
sale, shipment, or transfer of cigarettes or smokeless 
tobacco that is made in interstate commerce, as de-
fined herein, shall be deemed to have been made into 
the State, place or locality in which such cigarettes or 
smokeless tobacco are delivered. 
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‘‘(11) PERSON.—The term ‘person’ means an in-
dividual, corporation, company, association, firm, 
partnership, society, State government, local govern-
ment, Indian tribal government, governmental orga-
nization of such government, or joint stock company. 
‘‘(12) STATE.—The term ‘State’ means each of 
the several States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, or any 
territory or possession of the United States. 
‘‘(13) SMOKELESS TOBACCO.—The term ‘smoke-
less tobacco’ means any finely cut, ground, powdered, 
or leaf tobacco, or other product containing tobacco, 
that is intended to be placed in the oral or nasal cav-
ity or otherwise consumed without being combusted. 
‘‘(14) TOBACCO TAX ADMINISTRATOR.—The term 
‘tobacco tax administrator’ means the State, local, or 
tribal official duly authorized to collect the tobacco 
tax or administer the tax law of a State, locality, or 
tribe, respectively. 
‘‘(15) TRIBAL
ENTERPRISE.—The term ‘tribal 
enterprise’ means any business enterprise, incor-
porated or unincorporated under Federal or tribal 
law, of an Indian tribe or group of Indian tribe. 
‘‘(16) USE.—The term ‘use’, in addition to its 
ordinary meaning, means the consumption, storage, 
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handling, or disposal of cigarettes or smokeless to-
bacco.’’. 
(b) REPORTS TO STATE TOBACCO TAX ADMINISTRA-
TORS.—Section 2 of the Jenkins Act (15 U.S.C. 376) is 
amended— 
(1) by striking ‘‘cigarettes’’ each place it appears 
and inserting ‘‘cigarettes or smokeless tobacco’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting ‘‘CONTENTS.—’’ after 
‘‘(a)’’; 
(ii) by striking ‘‘or transfers’’ and in-
serting ‘‘, transfers, or ships’’; 
(iii) by inserting ‘‘, locality, or Indian 
country of an Indian tribe’’ after ‘‘a State’’; 
(iv) by striking ‘‘to other than a dis-
tributor licensed by or located in such 
State,’’; and 
(v) by striking ‘‘or transfer and ship-
ment’’ and inserting ‘‘, transfer, or ship-
ment’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘with the tobacco tax 
administrator of the State’’ and inserting 
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‘‘with the Attorney General of the United 
States and with the tobacco tax administra-
tors of the State and place’’; and 
(ii) by striking ‘‘; and’’ and inserting 
the following: ‘‘, as well as telephone num-
bers for each place of business, a principal 
electronic mail address, any website ad-
dresses, and the name, address, and tele-
phone number of an agent in the State au-
thorized to accept service on behalf of such 
person;’’; 
(C) in paragraph (2), by striking ‘‘and the 
quantity thereof.’’ and inserting ‘‘the quantity 
thereof, and the name, address, and phone num-
ber of the person delivering the shipment to the 
recipient on behalf of the delivery seller, with all 
invoice or memoranda information relating to 
specific customers to be organized by city or 
town and by zip code; and’’; and 
(D) by adding at the end the following: 
‘‘(3) with respect to each memorandum or in-
voice filed with a State under paragraph (2), also file 
copies of such memorandum or invoice with the to-
bacco tax administrators and chief law enforcement 
officers of the local governments and Indian tribes op-
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erating within the borders of the State that apply 
their own local or tribal taxes on cigarettes or smoke-
less tobacco.’’; 
(3) in subsection (b)— 
(A) 
by 
inserting 
‘‘PRESUMPTIVE
EVI-
DENCE.—’’ after ‘‘(b)’’; 
(B) by striking ‘‘(1) that’’ and inserting 
‘‘that’’; and 
(C) by striking ‘‘, and (2)’’ and all that fol-
lows and inserting a period; and 
(4) by adding at the end the following: 
‘‘(c) USE OF INFORMATION.—A tobacco tax adminis-
trator or chief law enforcement officer who receives a memo-
randum or invoice under paragraph (2) or (3) of subsection 
(a) shall use such memorandum or invoice solely for the 
purposes of the enforcement of this Act and the collection 
of any taxes owed on related sales of cigarettes and smoke-
less tobacco, and shall keep confidential any personal infor-
mation in such memorandum or invoice not otherwise re-
quired for such purposes.’’. 
(c) REQUIREMENTS FOR DELIVERY SALES.—The Jen-
kins Act is amended by inserting after section 2 the fol-
lowing: 
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‘‘SEC. 2A. DELIVERY SALES. 
‘‘(a) IN GENERAL.—With respect to delivery sales into 
a specific State and place, each delivery seller shall comply 
with— 
‘‘(1) the shipping requirements set forth in sub-
section (b); 
‘‘(2) the recordkeeping requirements set forth in 
subsection (c); 
‘‘(3) all State, local, tribal, and other laws gen-
erally applicable to sales of cigarettes or smokeless to-
bacco as if such delivery sales occurred entirely with-
in the specific State and place, including laws impos-
ing— 
‘‘(A) excise taxes; 
‘‘(B) licensing and tax-stamping require-
ments; 
‘‘(C) restrictions on sales to minors; and 
‘‘(D) other payment obligations or legal re-
quirements relating to the sale, distribution, or 
delivery of cigarettes or smokeless tobacco; and 
‘‘(4) the tax collection requirements set forth in 
subsection (d). 
‘‘(b) SHIPPING AND PACKAGING.— 
‘‘(1) REQUIRED STATEMENT.—For any shipping 
package containing cigarettes or smokeless tobacco, the 
delivery seller shall include on the bill of lading, if 
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any, and on the outside of the shipping package, on 
the same surface as the delivery address, a clear and 
conspicuous statement providing as follows: ‘CIGA-
RETTES/SMOKELESS 
TOBACCO: 
FEDERAL 
LAW REQUIRES THE PAYMENT OF ALL AP-
PLICABLE EXCISE TAXES, AND COMPLIANCE 
WITH APPLICABLE LICENSING AND TAX– 
STAMPING OBLIGATIONS’. 
‘‘(2) FAILURE TO LABEL.—Any shipping pack-
age described in paragraph (1) that is not labeled in 
accordance with that paragraph shall be treated as 
nondeliverable matter by a common carrier or other 
delivery service, if the common carrier or other deliv-
ery service knows or should know the package con-
tains cigarettes or smokeless tobacco. If a common 
carrier or other delivery service believes a package is 
being submitted for delivery in violation of paragraph 
(1), it may require the person submitting the package 
for delivery to establish that it is not being sent in 
violation of paragraph (1) before accepting the pack-
age for delivery. Nothing in this paragraph shall re-
quire the common carrier or other delivery service to 
open any package to determine its contents. 
‘‘(3) WEIGHT
RESTRICTION.—A delivery seller 
shall not sell, offer for sale, deliver, or cause to be de-
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livered in any single sale or single delivery any ciga-
rettes or smokeless tobacco weighing more than 10 
pounds. 
‘‘(4) AGE VERIFICATION.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, a delivery seller who 
mails or ships tobacco products— 
‘‘(i) shall not sell, deliver, or cause to 
be delivered any tobacco products to a per-
son under the minimum age required for 
the legal sale or purchase of tobacco prod-
ucts, as determined by the applicable law at 
the place of delivery; 
‘‘(ii) shall use a method of mailing or 
shipping that requires— 
‘‘(I) the purchaser placing the de-
livery sale order, or an adult who is at 
least the minimum age required for the 
legal sale or purchase of tobacco prod-
ucts, as determined by the applicable 
law at the place of delivery, to sign to 
accept delivery of the shipping con-
tainer at the delivery address; and 
‘‘(II) the person who signs to ac-
cept delivery of the shipping container 
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to provide proof, in the form of a valid, 
government-issued identification bear-
ing a photograph of the individual, 
that the person is at least the min-
imum age required for the legal sale or 
purchase of tobacco products, as deter-
mined by the applicable law at the 
place of delivery; and 
‘‘(iii) shall not accept a delivery sale 
order from a person without— 
‘‘(I) obtaining the full name, birth 
date, and residential address of that 
person; and 
‘‘(II) verifying the information 
provided in subclause (I), through the 
use of a commercially available data-
base or aggregate of databases, con-
sisting primarily of data from govern-
ment sources, that are regularly used 
by government and businesses for the 
purpose 
of 
age 
and 
identity 
verification and authentication, to en-
sure that the purchaser is at least the 
minimum age required for the legal 
sale or purchase of tobacco products, as 
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determined by the applicable law at 
the place of delivery. 
‘‘(B) LIMITATION.—No database being used 
for age and identity verification under subpara-
graph (A)(iii) shall be in the possession or under 
the control of the delivery seller, or be subject to 
any changes or supplementation by the delivery 
seller. 
‘‘(c) RECORDS.— 
‘‘(1) IN
GENERAL.—Each delivery seller shall 
keep a record of any delivery sale, including all of the 
information described in section 2(a)(2), organized by 
the State, and within such State, by the city or town 
and by zip code, into which such delivery sale is so 
made. 
‘‘(2) RECORD RETENTION.—Records of a delivery 
sale shall be kept as described in paragraph (1) in the 
year in which the delivery sale is made and for the 
next 4 years. 
‘‘(3) ACCESS
FOR
OFFICIALS.—Records kept 
under paragraph (1) shall be made available to to-
bacco tax administrators of the States, to local gov-
ernments and Indian tribes that apply their own 
local or tribal taxes on cigarettes or smokeless tobacco, 
to the attorneys general of the States, to the chief law 
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enforcement officers of such local governments and In-
dian tribes, and to the Attorney General of the United 
States in order to ensure the compliance of persons 
making delivery sales with the requirements of this 
Act. 
‘‘(d) DELIVERY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no delivery seller may sell or deliver to any 
consumer, or tender to any common carrier or other 
delivery service, any cigarettes or smokeless tobacco 
pursuant to a delivery sale unless, in advance of the 
sale, delivery, or tender— 
‘‘(A) any cigarette or smokeless tobacco ex-
cise tax that is imposed by the State in which 
the cigarettes or smokeless tobacco are to be deliv-
ered has been paid to the State; 
‘‘(B) any cigarette or smokeless tobacco ex-
cise tax that is imposed by the local government 
of the place in which the cigarettes or smokeless 
tobacco are to be delivered has been paid to the 
local government; and 
‘‘(C) any required stamps or other indicia 
that such excise tax has been paid are properly 
affixed or applied to the cigarettes or smokeless 
tobacco. 
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‘‘(2) EXCEPTION.—Paragraph (1) does not apply 
to a delivery sale of smokeless tobacco if the law of the 
State or local government of the place where the 
smokeless tobacco is to be delivered requires or other-
wise provides that delivery sellers collect the excise tax 
from the consumer and remit the excise tax to the 
State or local government, and the delivery seller 
complies with the requirement. 
‘‘(e) LIST OF UNREGISTERED OR NONCOMPLIANT DE-
LIVERY SELLERS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) INITIAL LIST.—Not later than 90 days 
after this subsection goes into effect under the 
Prevent All Cigarette Trafficking Act of 2009, 
the Attorney General of the United States shall 
compile a list of delivery sellers of cigarettes or 
smokeless tobacco that have not registered with 
the Attorney General, pursuant to section 2(a) or 
that are otherwise not in compliance with this 
Act, and— 
‘‘(i) distribute the list to— 
‘‘(I) the attorney general and tax 
administrator of every State; 
‘‘(II) common carriers and other 
persons that deliver small packages to 
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consumers in interstate commerce, in-
cluding the United States Postal Serv-
ice; and 
‘‘(III) at the discretion of the At-
torney General of the United States, to 
any other persons; and 
‘‘(ii) publicize and make the list avail-
able to any other person engaged in the 
business of interstate deliveries or who de-
livers cigarettes or smokeless tobacco in or 
into any State. 
‘‘(B) 
LIST
CONTENTS.—To 
the 
extent 
known, the Attorney General of the United States 
shall include, for each delivery seller on the list 
described in subparagraph (A)— 
‘‘(i) all names the delivery seller uses 
in the transaction of its business or on 
packages delivered to customers; 
‘‘(ii) all addresses from which the de-
livery seller does business or ships cigarettes 
or smokeless tobacco; 
‘‘(iii) the website addresses, primary e- 
mail address, and phone number of the de-
livery seller; and 
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‘‘(iv) any other information that the 
Attorney General determines would facili-
tate compliance with this subsection by re-
cipients of the list. 
‘‘(C) UPDATING.—The Attorney General of 
the United States shall update and distribute the 
list at least once every 4 months, and may dis-
tribute the list and any updates by regular mail, 
electronic mail, or any other reasonable means, 
or by providing recipients with access to the list 
through a nonpublic website that the Attorney 
General of the United States regularly updates. 
‘‘(D) STATE, LOCAL, OR
TRIBAL
ADDI-
TIONS.—The Attorney General of the United 
States shall include in the list under subpara-
graph (A) any noncomplying delivery sellers 
identified by any State, local, or tribal govern-
ment under paragraph (5), and shall distribute 
the list to the attorney general or chief law en-
forcement official and the tax administrator of 
any government submitting any such informa-
tion and to any common carriers or other per-
sons who deliver small packages to consumers 
identified by any government pursuant to para-
graph (5). 
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‘‘(E) ACCURACY
AND
COMPLETENESS
OF 
LIST OF NONCOMPLYING DELIVERY SELLERS.—In 
preparing and revising the list required by sub-
paragraph (A), the Attorney General shall— 
‘‘(i) use reasonable procedures to en-
sure maximum possible accuracy and com-
pleteness of the records and information re-
lied on for the purpose of determining that 
such delivery seller is noncomplying; 
‘‘(ii) not later than 14 days prior to 
including any delivery seller on the list 
under paragraph (1), make a reasonable at-
tempt to send notice to the delivery seller by 
letter, electronic mail, or other means that 
the delivery seller is being placed on such 
list or update, with that notice citing the 
relevant provisions of this Act and the spe-
cific reasons for being placed on such list; 
‘‘(iii) provide an opportunity to such 
delivery seller to challenge placement on 
such list; 
‘‘(iv) investigate each such challenge by 
contacting the relevant Federal, State, trib-
al, and local law enforcement officials, and 
provide the specific findings and results of 
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such investigation to such delivery seller not 
later than 30 days after the challenge is 
made; and 
‘‘(v) upon finding that any placement 
is inaccurate, incomplete, or cannot be 
verified, promptly delete such delivery seller 
from the list as appropriate and notify each 
appropriate Federal, State, tribal, and local 
authority of such finding. 
‘‘(F) CONFIDENTIALITY.—The list distrib-
uted pursuant to subparagraph (A) shall be con-
fidential, and any person receiving the list shall 
maintain the confidentiality of the list but may 
deliver the list, for enforcement purposes, to any 
government official or to any common carrier or 
other person that delivers tobacco products or 
small packages to consumers. Nothing in this sec-
tion shall prohibit a common carrier, the United 
States Postal Service, or any other person receiv-
ing the list from discussing with the listed deliv-
ery sellers the delivery sellers’ inclusion on the 
list and the resulting effects on any services re-
quested by such listed delivery seller. 
‘‘(2) PROHIBITION ON DELIVERY.— 
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‘‘(A) IN
GENERAL.—Commencing on the 
date that is 60 days after the date of the initial 
distribution or availability of the list under 
paragraph (1)(A), no person who receives the list 
under paragraph (1), and no person who delivers 
cigarettes or smokeless tobacco to consumers, 
shall knowingly complete, cause to be completed, 
or complete its portion of a delivery of any pack-
age for any person whose name and address are 
on the list, unless— 
‘‘(i) the person making the delivery 
knows or believes in good faith that the item 
does not include cigarettes or smokeless to-
bacco; 
‘‘(ii) the delivery is made to a person 
lawfully engaged in the business of manu-
facturing, distributing, or selling cigarettes 
or smokeless tobacco; or 
‘‘(iii) the package being delivered 
weighs more than 100 pounds and the per-
son making the delivery does not know or 
have reasonable cause to believe that the 
package contains cigarettes or smokeless to-
bacco. 
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‘‘(B) IMPLEMENTATION
OF
UPDATES.— 
Commencing on the date that is 30 days after 
the date of the distribution or availability of any 
updates or corrections to the list under para-
graph (1), all recipients and all common carriers 
or other persons that deliver cigarettes or smoke-
less tobacco to consumers shall be subject to sub-
paragraph (A) in regard to such corrections or 
updates. 
‘‘(C) 
EXEMPTIONS.—Subparagraphs 
(A) 
and (B), subsection (b)(2), and any other re-
quirements or restrictions placed directly on 
common carriers elsewhere in this subsection, 
shall not apply to a common carrier that is sub-
ject to a settlement agreement relating to tobacco 
product deliveries to consumers or, if any such 
settlement agreement to which the common car-
rier was a party is terminated or otherwise be-
comes inactive, is administering and enforcing, 
on a nationwide basis, policies and practices 
that are at least as stringent as any such agree-
ment. For the purposes of this section, ‘settlement 
agreement’ shall be defined to include the Assur-
ance of Discontinuance entered into by the Attor-
ney General of New York and DHL Holdings 
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USA, Inc. and DHL Express (USA), Inc. on or 
about July 1, 2005, the Assurance of Discontinu-
ance entered into by the Attorney General of New 
York and United Parcel Service, Inc. on or about 
October 21, 2005, and the Assurance of Compli-
ance entered into by the Attorney General of New 
York and Federal Express Corporation and Fed 
Ex Ground package Systems, Inc. on or about 
February 3, 2006, so long as each is honored na-
tionwide to block illegal deliveries of cigarettes or 
smokeless tobacco to consumers, and also includes 
any other active agreement between a common 
carrier and the States that operates nationwide 
to ensure that no deliveries of cigarettes and 
smokeless tobacco shall be made to consumers for 
illegally operating Internet or mail-order sellers 
and that any such deliveries to consumers shall 
not be made to minors or without payment to 
the States and localities where the consumers are 
located of all taxes on the tobacco products. 
‘‘(3) SHIPMENTS FROM PERSONS ON LIST.— 
‘‘(A) IN
GENERAL.—In the event that a 
common carrier or other delivery service delays 
or interrupts the delivery of a package it has in 
its possession because it determines or has reason 
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to believe that the person ordering the delivery is 
on a list distributed under paragraph (1)— 
‘‘(i) the person ordering the delivery 
shall be obligated to pay— 
‘‘(I) the common carrier or other 
delivery service as if the delivery of the 
package had been timely completed; 
and 
‘‘(II) if the package is not deliver-
able, any reasonable additional fee or 
charge levied by the common carrier or 
other delivery service to cover its extra 
costs and inconvenience and to serve as 
a disincentive against such noncom-
plying delivery orders; and 
‘‘(ii) if the package is determined not 
to be deliverable, the common carrier or 
other delivery service shall, in its discretion, 
either provide the package and its contents 
to a Federal, State, or local law enforcement 
agency or destroy the package and its con-
tents. 
‘‘(B) RECORDS.—A common carrier or 
other delivery service shall maintain, for a pe-
riod of 5 years, any records kept in the ordinary 
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course of business relating to any deliveries in-
terrupted pursuant to this paragraph and pro-
vide that information, upon request, to the Attor-
ney General of the United States or to the attor-
ney general or chief law enforcement official or 
tax administrator of any State, local, or tribal 
government. 
‘‘(C) CONFIDENTIALITY.—Any person re-
ceiving records under subparagraph (B) shall use 
such records solely for the purposes of the en-
forcement of this Act and the collection of any 
taxes owed on related sales of cigarettes and 
smokeless tobacco, and the person receiving 
records under subparagraph (B) shall keep con-
fidential any personal information in such 
records not otherwise required for such purposes. 
‘‘(4) PREEMPTION.— 
‘‘(A) IN GENERAL.—No State, local, or trib-
al government, nor any political authority of 2 
or more State, local, or tribal governments, may 
enact or enforce any law or regulation relating 
to delivery sales that restricts deliveries of ciga-
rettes or smokeless tobacco to consumers by com-
mon carriers or other delivery services on behalf 
of delivery sellers by— 
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‘‘(i) requiring that the common carrier 
or other delivery service verify the age or 
identity of the consumer accepting the deliv-
ery by requiring the person who signs to ac-
cept delivery of the shipping container to 
provide proof, in the form of a valid, gov-
ernment-issued identification bearing a 
photograph of the individual, that such per-
son is at least the minimum age required 
for the legal sale or purchase of tobacco 
products, as determined by either State or 
local law at the place of delivery; 
‘‘(ii) requiring that the common car-
rier or other delivery service obtain a signa-
ture from the consumer accepting the deliv-
ery; 
‘‘(iii) requiring that the common car-
rier or other delivery service verify that all 
applicable taxes have been paid; 
‘‘(iv) requiring that packages delivered 
by the common carrier or other delivery 
service contain any particular labels, notice, 
or markings; or 
‘‘(v) prohibiting common carriers or 
other delivery services from making deliv-
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eries on the basis of whether the delivery 
seller is or is not identified on any list of 
delivery sellers maintained and distributed 
by any entity other than the Federal Gov-
ernment. 
‘‘(B) RELATIONSHIP TO OTHER LAWS.—Ex-
cept as provided in subparagraph (C), nothing 
in this paragraph shall be construed to prohibit, 
expand, restrict, or otherwise amend or modify— 
‘‘(i) section 14501(c)(1) or 41713(b)(4) 
of title 49, United States Code; 
‘‘(ii) any other restrictions in Federal 
law on the ability of State, local, or tribal 
governments to regulate common carriers; 
or 
‘‘(iii) any provision of State, local, or 
tribal law regulating common carriers that 
falls within the provisions of sections 
14501(c)(2) or 41713(b)(4)(B) of title 49 of 
the United States Code. 
‘‘(C) STATE LAWS PROHIBITING DELIVERY 
SALES.—Nothing in the Prevent All Cigarette 
Trafficking Act of 2008, the amendments made 
by that Act, or in any other Federal statute shall 
be construed to preempt, supersede, or otherwise 
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limit or restrict State laws prohibiting the deliv-
ery sale, or the shipment or delivery pursuant to 
a delivery sale, of cigarettes or other tobacco 
products to individual consumers or personal 
residences except that no State may enforce 
against a common carrier a law prohibiting the 
delivery of cigarettes or other tobacco products to 
individual consumers or personal residences 
without proof that the common carrier was not 
entitled to an exemption referred to in para-
graph (2)(C) of this subsection. 
‘‘(5) STATE, LOCAL, AND TRIBAL ADDITIONS.— 
‘‘(A) IN
GENERAL.—Any State, local, or 
tribal government shall provide the Attorney 
General of the United States with— 
‘‘(i) 
all 
known 
names, 
addresses, 
website addresses, and other primary con-
tact information of any delivery seller that 
offers for sale or makes sales of cigarettes or 
smokeless tobacco in or into the State, local-
ity, or tribal land but has failed to register 
with or make reports to the respective tax 
administrator, as required by this Act, or 
that has been found in a legal proceeding to 
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have otherwise failed to comply with this 
Act; and 
‘‘(ii) a list of common carriers and 
other persons who make deliveries of ciga-
rettes or smokeless tobacco in or into the 
State, locality, or tribal lands. 
‘‘(B) 
UPDATES.—Any 
government 
pro-
viding a list to the Attorney General of the 
United States under subparagraph (A) shall also 
provide updates and corrections every 4 months 
until such time as such government notifies the 
Attorney General of the United States in writing 
that such government no longer desires to submit 
such information to supplement the list main-
tained and distributed by the Attorney General 
of the United States under paragraph (1). 
‘‘(C) 
REMOVAL
AFTER
WITHDRAWAL.— 
Upon receiving written notice that a government 
no longer desires to submit information under 
subparagraph (A), the Attorney General of the 
United States shall remove from the list under 
paragraph (1) any persons that are on the list 
solely because of such government’s prior submis-
sions of its list of noncomplying delivery sellers 
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of cigarettes or smokeless tobacco or its subse-
quent updates and corrections. 
‘‘(6) DEADLINE TO INCORPORATE ADDITIONS.— 
The Attorney General of the United States shall— 
‘‘(A) include any delivery seller identified 
and submitted by a State, local, or tribal govern-
ment under paragraph (5) in any list or update 
that is distributed or made available under 
paragraph (1) on or after the date that is 30 
days after the date on which the information is 
received by the Attorney General of the United 
States; and 
‘‘(B) distribute any such list or update to 
any common carrier or other person who makes 
deliveries of cigarettes or smokeless tobacco that 
has been identified and submitted by another 
government, pursuant to paragraph (5). 
‘‘(7) NOTICE TO DELIVERY SELLERS.—Not later 
than 14 days prior to including any delivery seller on 
the initial list distributed or made available under 
paragraph (1), or on any subsequent list or update 
for the first time, the Attorney General of the United 
States shall make a reasonable attempt to send notice 
to the delivery seller by letter, electronic mail, or other 
means that the delivery seller is being placed on such 
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‘‘(D) OTHER LIMITS.—Section 2 and sub-
sections (a), (b), (c), and (d) of this section shall 
not be interpreted to impose any responsibilities, 
requirements, or liability on common carriers. 
‘‘(f) PRESUMPTION.—For purposes of this Act, a deliv-
ery sale shall be deemed to have occurred in the State and 
place where the buyer obtains personal possession of the 
cigarettes or smokeless tobacco, and a delivery pursuant to 
a delivery sale is deemed to have been initiated or ordered 
by the delivery seller.’’. 
(d) PENALTIES.—The Jenkins Act is amended by 
striking section 3 and inserting the following: 
‘‘SEC. 3. PENALTIES. 
‘‘(a) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), whoever violates any provision of this Act 
shall be guilty of a felony and shall be imprisoned not 
more than 3 years, fined under title 18, United States 
Code, or both. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) GOVERNMENTS.—Paragraph (1) shall 
not apply to a State, local, or tribal government. 
‘‘(B) DELIVERY
VIOLATIONS.—A common 
carrier or independent delivery service, or em-
ployee of a common carrier or independent deliv-
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ery service, shall be subject to criminal penalties 
under paragraph (1) for a violation of section 
2A(e) only if the violation is committed inten-
tionally— 
‘‘(i) as consideration for the receipt of, 
or as consideration for a promise or agree-
ment to pay, anything of pecuniary value; 
or 
‘‘(ii) for the purpose of assisting a de-
livery seller to violate, or otherwise evading 
compliance with, section 2A. 
‘‘(b) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), whoever violates any provision of this Act 
shall be subject to a civil penalty in an amount not 
to exceed— 
‘‘(A) in the case of a delivery seller, the 
greater of— 
‘‘(i) $5,000 in the case of the first vio-
lation, or $10,000 for any other violation; 
or 
‘‘(ii) for any violation, 2 percent of the 
gross sales of cigarettes or smokeless tobacco 
of such person during the 1-year period 
ending on the date of the violation. 
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‘‘(B) in the case of a common carrier or 
other delivery service, $2,500 in the case of a 
first violation, or $5,000 for any violation with-
in 1 year of a prior violation. 
‘‘(2) RELATION TO OTHER PENALTIES.—A civil 
penalty under paragraph (1) for a violation of this 
Act shall be imposed in addition to any criminal 
penalty under subsection (a) and any other damages, 
equitable relief, or injunctive relief awarded by the 
court, including the payment of any unpaid taxes to 
the appropriate Federal, State, local, or tribal govern-
ments. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) DELIVERY VIOLATIONS.—An employee 
of a common carrier or independent delivery 
service shall be subject to civil penalties under 
paragraph (1) for a violation of section 2A(e) 
only if the violation is committed inten-
tionally— 
‘‘(i) as consideration for the receipt of, 
or as consideration for a promise or agree-
ment to pay, anything of pecuniary value; 
or 
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‘‘(ii) for the purpose of assisting a de-
livery seller to violate, or otherwise evading 
compliance with, section 2A. 
‘‘(B) OTHER
LIMITATIONS.—No common 
carrier or independent delivery service shall be 
subject to civil penalties under paragraph (1) for 
a violation of section 2A(e) if— 
‘‘(i) the common carrier or inde-
pendent delivery service has implemented 
and enforces effective policies and practices 
for complying with that section; or 
‘‘(ii) an employee of the common car-
rier or independent delivery service who 
physically receives and processes orders, 
picks up packages, processes packages, or 
makes deliveries, takes actions that are out-
side the scope of employment of the em-
ployee in the course of the violation, or that 
violate the implemented and enforced poli-
cies of the common carrier or independent 
delivery service described in clause (i).’’. 
(e) ENFORCEMENT.—The Jenkins Act is amended by 
striking section 4 and inserting the following: 
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‘‘SEC. 4. ENFORCEMENT. 
‘‘(a) IN GENERAL.—The United States district courts 
shall have jurisdiction to prevent and restrain violations 
of this Act and to provide other appropriate injunctive or 
equitable relief, including money damages, for such viola-
tions. 
‘‘(b) AUTHORITY OF THE ATTORNEY GENERAL.—The 
Attorney General of the United States shall administer and 
enforce the provisions of this Act. 
‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) STANDING.—A State, through its at-
torney general (or a designee thereof), or a local 
government or Indian tribe that levies a tax sub-
ject to section 2A(a)(3), through its chief law en-
forcement officer (or a designee thereof), may 
bring an action in a United States district court 
to prevent and restrain violations of this Act by 
any person (or by any person controlling such 
person) or to obtain any other appropriate relief 
from any person (or from any person controlling 
such person) for violations of this Act, including 
civil penalties, money damages, and injunctive 
or other equitable relief. 
‘‘(B) SOVEREIGN
IMMUNITY.—Nothing in 
this Act shall be deemed to abrogate or constitute 
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a waiver of any sovereign immunity of a State 
or local government or Indian tribe against any 
unconsented lawsuit under this Act, or otherwise 
to restrict, expand, or modify any sovereign im-
munity of a State or local government or Indian 
tribe. 
‘‘(2) PROVISION
OF
INFORMATION.—A State, 
through its attorney general, or a local government or 
Indian tribe that levies a tax subject to section 
2A(a)(3), through its chief law enforcement officer (or 
a designee thereof), may provide evidence of a viola-
tion of this Act by any person not subject to State, 
local, or tribal government enforcement actions for 
violations of this Act to the Attorney General of the 
United States or a United States attorney, who shall 
take appropriate actions to enforce the provisions of 
this Act. 
‘‘(3) USE OF PENALTIES COLLECTED.— 
‘‘(A) IN GENERAL.—There is established a 
separate account in the Treasury known as the 
‘PACT Anti-Trafficking Fund’. Notwithstanding 
any other provision of law and subject to sub-
paragraph (B), an amount equal to 50 percent 
of any criminal and civil penalties collected by 
the United States Government in enforcing the 
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provisions of this Act shall be transferred into 
the PACT Anti-Trafficking Fund and shall be 
available to the Attorney General of the United 
States for purposes of enforcing the provisions of 
this Act and other laws relating to contraband 
tobacco products. 
‘‘(B) ALLOCATION
OF
FUNDS.—Of the 
amount available to the Attorney General under 
subparagraph (A), not less than 50 percent shall 
be made available only to the agencies and offices 
within the Department of Justice that were re-
sponsible for the enforcement actions in which 
the penalties concerned were imposed or for any 
underlying investigations. 
‘‘(4) NONEXCLUSIVITY OF REMEDY.— 
‘‘(A) IN GENERAL.—The remedies available 
under this section and section 3 are in addition 
to any other remedies available under Federal, 
State, local, tribal, or other law. 
‘‘(B) STATE COURT PROCEEDINGS.—Noth-
ing in this Act shall be construed to expand, re-
strict, or otherwise modify any right of an au-
thorized State official to proceed in State court, 
or take other enforcement actions, on the basis of 
an alleged violation of State or other law. 
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‘‘(C) TRIBAL COURT PROCEEDINGS.—Noth-
ing in this Act shall be construed to expand, re-
strict, or otherwise modify any right of an au-
thorized Indian tribal government official to pro-
ceed in tribal court, or take other enforcement 
actions, on the basis of an alleged violation of 
tribal law. 
‘‘(D) 
LOCAL
GOVERNMENT
ENFORCE-
MENT.—Nothing in this Act shall be construed to 
expand, restrict, or otherwise modify any right 
of an authorized local government official to pro-
ceed in State court, or take other enforcement ac-
tions, on the basis of an alleged violation of local 
or other law. 
‘‘(d) PERSONS DEALING IN TOBACCO PRODUCTS.— 
Any person who holds a permit under section 5712 of the 
Internal Revenue Code of 1986 (regarding permitting of 
manufacturers and importers of tobacco products and ex-
port warehouse proprietors) may bring an action in a 
United States district court to prevent and restrain viola-
tions of this Act by any person (or by any person control-
ling such person) other than a State, local, or tribal govern-
ment. 
‘‘(e) NOTICE.— 
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‘‘(1) PERSONS
DEALING
IN
TOBACCO
PROD-
UCTS.—Any person who commences a civil action 
under subsection (d) shall inform the Attorney Gen-
eral of the United States of the action. 
‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It is 
the sense of Congress that the attorney general of any 
State, or chief law enforcement officer of any locality 
or tribe, that commences a civil action under this sec-
tion should inform the Attorney General of the United 
States of the action. 
‘‘(f) PUBLIC NOTICE.— 
‘‘(1) IN GENERAL.—The Attorney General of the 
United States shall make available to the public, by 
posting such information on the Internet and by other 
appropriate means, information regarding all en-
forcement actions undertaken by the Attorney General 
or United States attorneys, or reported to the Attor-
ney General, under this section, including informa-
tion regarding the resolution of such actions and how 
the Attorney General and the United States attorney 
have responded to referrals of evidence of violations 
pursuant to subsection (c)(2). 
‘‘(2) REPORTS
TO
CONGRESS.—The Attorney 
General shall submit to Congress each year a report 
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containing the information described in paragraph 
(1).’’. 
SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TO-
BACCO 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.—All cigarettes (as that term is de-
fined in section 1 of the Act of October 19, 1949, commonly 
referred to as the Jenkins Act) and smokeless tobacco (as 
that term is 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 
subsection. For the purposes of subsection (a) reasonable 
cause includes— 
‘‘(1) a statement on a publicly available website, 
or an advertisement, by any person that such person 
will mail matter which is nonmailable under this sec-
tion in return for payment; and 
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‘‘(2) the placement of the person on the list cre-
ated under section 2A(e) of the Jenkins Act. 
‘‘(b) EXCEPTIONS.—This section shall not apply to the 
following: 
‘‘(1) CIGARS.—Cigars (as that term is defined in 
section 5702(a) of the Internal Revenue Code of 
1986). 
‘‘(2) GEOGRAPHIC EXCEPTION.—Mailings within 
the State of Alaska or within the State of Hawaii. 
‘‘(3) BUSINESS
PURPOSES.—Tobacco products 
mailed only for business purposes between legally op-
erating businesses that have all applicable State and 
Federal Government licenses or permits and are en-
gaged in tobacco product manufacturing, distribution, 
wholesale, export, import, testing, investigation, or re-
search, or for regulatory purposes between any such 
businesses and State or Federal Government regu-
latory agencies, if the Postal Service issues a final 
rule establishing the standards and requirements that 
apply to all such mailings and which includes the fol-
lowing: 
‘‘(A) The Postal Service shall verify that 
any person submitting an otherwise nonmailable 
tobacco product into the mails as authorized by 
this paragraph is a business or government 
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agency permitted to make such mailings pursu-
ant to this section and the related final rule. 
‘‘(B) The Postal Service shall ensure that 
any recipient of an otherwise nonmailable to-
bacco product sent through the mails pursuant to 
this paragraph is a business or government 
agency that may lawfully receive such product. 
‘‘(C) The mailings shall be sent through the 
Postal Service’s systems that provide for the 
tracking and confirmation of the delivery. 
‘‘(D) The identities of the business or gov-
ernment entity submitting the mailing con-
taining otherwise nonmailable tobacco products 
for delivery and the business or government enti-
ty receiving the mailing shall be clearly set forth 
on the package and such information shall be 
kept in Postal Service records and made avail-
able to the Postal Service, the Attorney General, 
and to persons eligible to bring enforcement ac-
tions pursuant to section 3(d) of the Prevent All 
Cigarette Trafficking Act of 2008 for a period of 
at least three years. 
‘‘(E) The mailings shall be marked with a 
Postal Service label or marking that makes it 
clear to Postal Service employees that it is a per-
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mitted mailing of otherwise nonmailable tobacco 
products that may be delivered only to a per-
mitted government agency or business and may 
not be delivered to any residence or individual 
person. 
‘‘(F) The mailings shall be delivered only to 
verified adult employees of the recipient busi-
nesses or government agencies who shall be re-
quired to sign for the mailing. 
‘‘(4) CERTAIN INDIVIDUALS.—Tobacco products 
mailed by individual adult people for noncommercial, 
nonbusiness and non-money making purposes, includ-
ing the return of a damaged or unacceptable tobacco 
product to its manufacturer, if the Postal Service 
issues a final rule establishing the standards and re-
quirements that applies to all such mailings and 
which includes the following: 
‘‘(A) The Postal Service shall verify that 
any person submitting an otherwise nonmailable 
tobacco product into the mails as authorized by 
this section is the individual person identified on 
the return address label of the package and is an 
adult. 
‘‘(B) For mailings to individual persons the 
Postal Service shall require the person submit-
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ting the otherwise nonmailable tobacco product 
into the mails as authorized by this subsection to 
affirm that the recipient is an adult. 
‘‘(C) The package shall not weigh more than 
10 ounces. 
‘‘(D) The mailings shall be sent through the 
Postal Service’s systems that provide for the 
tracking and confirmation of the delivery. 
‘‘(E) No package shall be delivered or placed 
in the possession of any individual person who 
is not a verified adult. For mailings to indi-
vidual persons, the Postal Service shall deliver 
the package only to the verified adult recipient 
at the recipient address or transfer it for delivery 
to an Air/Army Postal Office (APO) or Fleet 
Postal Office (FPO) number designated in the 
recipient address. 
‘‘(F) No person shall initiate more than ten 
such mailings in any thirty-day period. 
‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER 
TESTING BY MANUFACTURERS.—Nothing in this Act 
shall preclude a legally operating cigarette manufac-
turer operating on its own or through its legally au-
thorized agent from using the Postal Service to mail 
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cigarettes to verified adult smokers solely for con-
sumer testing purposes, provided that— 
‘‘(A) the cigarette manufacturer has a fed-
eral permit, in good standing, pursuant to sec-
tion 5713 of the Internal Revenue Code of 1986; 
‘‘(B) any package of cigarettes mailed pur-
suant to this exception shall contain no more 
than one carton of cigarettes (200 cigarettes); 
‘‘(C) no individual shall receive more than 
1 package of cigarettes per manufacturer pursu-
ant to this exception in any 30-day period; 
‘‘(D) all taxes as required by law on the 
cigarettes levied by the State and locality of de-
livery have been paid to the State and locality 
prior to delivery, and tax stamps or other tax- 
payment indicia have been affixed to the ciga-
rettes as required by law; 
‘‘(E) the recipient has not made any pay-
ments of any kind in exchange for receiving the 
cigarettes; 
‘‘(F) the mailings are made pursuant to a 
final rule that the Postal Service shall issue to 
establish standards and requirements that apply 
to all such mailings and that include the fol-
lowing: 
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‘‘(i) The Postal Service shall verify 
that any person submitting a tobacco prod-
uct into the mails pursuant to this para-
graph is a manufacturer or an agent legally 
authorized by the manufacturer to submit 
the tobacco product into the mails on the 
manufacturer’s behalf permitted to make 
such mailings pursuant to this paragraph. 
‘‘(ii) The Postal Service shall require 
the manufacturer submitting the cigarettes 
into the mails pursuant to this paragraph 
to affirm that the manufacturer or its le-
gally authorized agent has verified that the 
recipient is an adult established smoker who 
has not made any payment for the ciga-
rettes, has formally stated in writing that 
he or she wishes to receive such mailings, 
and has not withdrawn that agreement de-
spite being offered the opportunity to do so 
by the manufacturer or its legally author-
ized agent at least once in every 3-month 
period. 
‘‘(iii) The Postal Service shall require 
the manufacturer or its legally authorized 
agent submitting the cigarettes into the 
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mails pursuant to this paragraph to affirm 
that the package contains no more than a 
single carton (200) cigarettes on which all 
taxes levied on the cigarettes by the State 
and locality of delivery have been paid and 
all related State tax stamps or other tax- 
payment indicia have been applied. 
‘‘(iv) The mailings shall be sent 
through the Postal Service’s systems that 
provide for the tracking and confirmation of 
the delivery and all related records shall be 
kept in Postal Service records and made 
available to persons enforcing this section 
for a period of at least 3 years. 
‘‘(v) The mailings shall be marked 
with a Postal Service label or marking that 
makes it clear to Postal Service employees 
that it is a permitted mailing of otherwise 
nonmailable tobacco products that may be 
delivered only to the named recipient after 
verifying that the recipient is an adult. 
‘‘(vi) The Postal Service shall deliver 
the mailing only to the named recipient 
and only after verifying that the recipient 
is an adult. 
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‘‘(6) DEFINITION OF ADULT.—For the purposes 
of paragraphs (3), (4), and (5), the term ‘adult’ 
means an individual person of at least 21 years of 
age. 
‘‘(c) SEIZURE AND FORFEITURE.—Any cigarettes or 
smokeless tobacco made nonmailable by this subsection that 
are deposited in the mails shall be subject to seizure and 
forfeiture, pursuant to the procedures set forth in chapter 
46 of this title. Any tobacco products so seized and forfeited 
shall either be destroyed or retained by Government officials 
for the detection or prosecution of crimes or related inves-
tigations and then destroyed. 
‘‘(d) ADDITIONAL PENALTIES.—In addition to any 
other fines and penalties imposed by this chapter for viola-
tions of this section, any person violating this section shall 
be subject to an additional civil penalty in the amount of 
10 times the retail value of the nonmailable cigarettes or 
smokeless tobacco, including all Federal, State, and local 
taxes. 
‘‘(e) CRIMINAL PENALTY.—Whoever knowingly depos-
its for mailing or delivery, or knowingly causes to be deliv-
ered by mail, according to the direction thereon, or at any 
place at which it is directed to be delivered by the person 
to whom it is addressed, anything that this section declares 
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to be nonmailable matter shall be fined under this title, im-
prisoned not more than 1 year, or both. 
‘‘(f) DEFINITION.—As used in this section, the term 
‘State’ has the meaning given that term in section 1716(k). 
‘‘(g) USE OF PENALTIES.—There is established a sepa-
rate account in the Treasury of the United States, to be 
known as the ‘PACT Postal Service Fund’. Notwithstanding 
any other provision of law, an amount equal to 50 percent 
of any criminal and civil fines or monetary penalties col-
lected by the United States Government in enforcing the 
provisions of this subsection shall be transferred into the 
PACT Postal Service Fund and shall be available to the 
Postmaster General for the purpose of enforcing the provi-
sions of this subsection. 
‘‘(h) COORDINATION OF EFFORTS.—In the enforcement 
of this section, the Postal Service shall cooperate and coordi-
nate its efforts with related enforcement activities of any 
other Federal agency or of any State, local, or tribal govern-
ment, whenever appropriate.’’. 
(b) ACTIONS BY STATE, LOCAL OR TRIBAL GOVERN-
MENTS RELATING TO CERTAIN TOBACCO PRODUCTS.— 
(1) A State, through its attorney general (or a 
designee thereof), or a local government or Indian 
tribe that levies an excise tax on tobacco products, 
through its chief law enforcement officer (or a des-
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ignee thereof), may in a civil action in a United 
States district court obtain appropriate relief with re-
spect to a violation of section 1716E of title 18, 
United States Code. Appropriate relief includes in-
junctive and equitable relief and damages equal to the 
amount of unpaid taxes on tobacco products mailed 
in violation of that section to addressees in that State. 
(2) Nothing in this section shall be deemed to ab-
rogate or constitute a waiver of any sovereign immu-
nity of a State or local government or Indian tribe 
against any unconsented lawsuit under paragraph 
(1), or otherwise to restrict, expand, or modify any 
sovereign immunity of a State or local government or 
Indian tribe. 
(3) Nothing in this section shall be construed to 
prohibit an authorized State official from proceeding 
in State court on the basis of an alleged violation of 
any general civil or criminal statute of such State. 
(4) A State, through its attorney general, or a 
local government or Indian tribe that levies an excise 
tax on tobacco products, through its chief law enforce-
ment officer (or a designee thereof), may provide evi-
dence of a violation of paragraph (1) for commercial, 
business or money-making purposes by any person 
not subject to State, local, or tribal government en-
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forcement actions for violations of paragraph (1) to 
the Attorney General of the United States or a United 
States attorney, who shall take appropriate actions to 
enforce the provisions of this subsection. 
(5) The remedies available under this subsection 
are in addition to any other remedies available under 
Federal, State, local, tribal, or other law. Nothing in 
this subsection shall be construed to expand, restrict, 
or otherwise modify any right of an authorized State, 
local, or tribal government official to proceed in a 
State, tribal, or other appropriate court, or take other 
enforcement actions, on the basis of an alleged viola-
tion of State, local, tribal, or other law. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 83 of title 18 is amended by adding 
after the item relating to section 1716D the following new 
item: 
‘‘1716E. Tobacco products as nonmailable.’’. 
SEC. 4. COMPLIANCE WITH MODEL STATUTE OR QUALI-
FYING STATUTE. 
(a) IN GENERAL.—A Tobacco Product Manufacturer 
or importer may not sell in, deliver to, or place for delivery 
sale, or cause to be sold in, delivered to, or placed for deliv-
ery sale in a State that is a party to the Master Settlement 
Agreement, any cigarette manufactured by a Tobacco Prod-
uct Manufacturer that is not in full compliance with the 
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terms of the Model Statute or Qualifying Statute enacted 
by such State requiring funds to be placed into a qualified 
escrow account under specified conditions, or any regula-
tions promulgated pursuant to such statute. 
(b) JURISDICTION TO PREVENT AND RESTRAIN VIOLA-
TIONS.— 
(1) IN
GENERAL.—The United States district 
courts shall have jurisdiction to prevent and restrain 
violations of subsection (a) in accordance with this 
subsection. 
(2) INITIATION OF ACTION.—A State, through its 
attorney general, may bring an action in the United 
States district courts to prevent and restrain viola-
tions of subsection (a) by any person (or by any per-
son controlling such person). 
(3) ATTORNEY
FEES.—In any action under 
paragraph (2), a State, through its attorney general, 
shall be entitled to reasonable attorney fees from a 
person found to have willfully and knowingly violated 
subsection (a). 
(4) NONEXCLUSIVITY OF REMEDIES.—The rem-
edy available under paragraph (2) is in addition to 
any other remedies available under Federal, State, or 
other law. No provision of this Act or any other Fed-
eral law shall be held or construed to prohibit or pre-
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empt the Master Settlement Agreement, the Model 
Statute (as defined in the Master Settlement Agree-
ment), any legislation amending or complementary to 
the Model Statute in effect as of June 1, 2006, or any 
legislation substantially similar to such existing, 
amending, or complementary legislation hereinafter 
enacted. 
(5) OTHER ENFORCEMENT ACTIONS.—Nothing in 
this subsection shall be construed to prohibit an au-
thorized State official from proceeding in State court 
or taking other enforcement actions on the basis of an 
alleged violation of State or other law. 
(6) AUTHORITY OF THE ATTORNEY GENERAL.— 
The Attorney General of the United States may ad-
minister and enforce subsection (a). 
(c) DEFINITIONS.—In this section the following defini-
tions apply: 
(1) DELIVERY SALE.—The term ‘‘delivery sale’’ 
means any sale of cigarettes or smokeless tobacco to 
a consumer if— 
(A) the consumer submits the order for such 
sale by means of a telephone or other method of 
voice transmission, the mails, or the Internet or 
other online service, or the seller is otherwise not 
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in the physical presence of the buyer when the 
request for purchase or order is made; or 
(B) the cigarettes or smokeless tobacco are 
delivered to the buyer by common carrier, pri-
vate delivery service, or other method of remote 
delivery, or the seller is not in the physical pres-
ence of the buyer when the buyer obtains posses-
sion of the cigarettes or smokeless tobacco. 
(2) IMPORTER.—The term ‘‘importer’’ means 
each of the following: 
(A) SHIPPING OR CONSIGNING.—Any person 
in the United States to whom nontaxpaid to-
bacco products manufactured in a foreign coun-
try, Puerto Rico, the Virgin Islands, or a posses-
sion of the United States are shipped or con-
signed. 
(B) MANUFACTURING
WAREHOUSES.—Any 
person who removes cigars or cigarettes for sale 
or consumption in the United States from a cus-
toms-bonded manufacturing warehouse. 
(C) UNLAWFUL
IMPORTING.—Any person 
who smuggles or otherwise unlawfully brings to-
bacco products into the United States. 
(3) MASTER
SETTLEMENT
AGREEMENT.—The 
term ‘‘Master Settlement Agreement’’ means the 
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agreement executed November 23, 1998, between the 
attorneys general of 46 States, the District of Colum-
bia, the Commonwealth of Puerto Rico, and 4 terri-
tories of the United States and certain tobacco manu-
facturers. 
(4) MODEL STATUTE; QUALIFYING STATUTE.— 
The terms ‘‘Model Statute’’ and ‘‘Qualifying Statute’’ 
means a statute as defined in section IX(d)(2)(e) of 
the Master Settlement Agreement. 
(5) TOBACCO
PRODUCT
MANUFACTURER.—The 
term ‘‘Tobacco Product Manufacturer’’ has the mean-
ing given that term in section II(uu) of the Master 
Settlement Agreement. 
SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, 
FIREARMS, AND EXPLOSIVES OF RECORDS OF 
CERTAIN CIGARETTE AND SMOKELESS TO-
BACCO SELLERS; CIVIL PENALTY. 
Section 2343(c) of title 18, United States Code, is 
amended to read as follows: 
‘‘(c)(1) Any officer of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives may, during normal business 
hours, enter the premises of any person described in sub-
section (a) or (b) for the purposes of inspecting— 
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‘‘(A) any records or information required to be 
maintained by such person under the provisions of 
law referred to in this chapter; or 
‘‘(B) any cigarettes or smokeless tobacco kept or 
stored by such person at such premises. 
‘‘(2) The district courts of the United States shall have 
the authority in a civil action under this subsection to com-
pel inspections authorized by paragraph (1). 
‘‘(3) Whoever violates paragraph (1), or an order 
issued under paragraph (2), shall be subject to a civil pen-
alty in an amount not to exceed $10,000 for each viola-
tion.’’. 
SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIB-
AL MATTERS. 
(a) IN GENERAL.—Nothing in this Act or the amend-
ments made by this Act is intended nor shall be construed 
to affect, amend, or modify— 
(1) any agreements, compacts, or other intergov-
ernmental arrangements between any State or local 
government and any government of an Indian tribe 
(as that term is defined in section 4(e) of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450b(e)) relating to the collection of taxes on 
cigarettes or smokeless tobacco sold in Indian country; 
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(2) any State laws that authorize or otherwise 
pertain to any such intergovernmental arrangements 
or create special rules or procedures for the collection 
of State, local, or tribal taxes on cigarettes or smoke-
less tobacco sold in Indian country; 
(3) any limitations under Federal or State law, 
including Federal common law and treaties, on State, 
local, and tribal tax and regulatory authority with 
respect to the sale, use, or distribution of cigarettes 
and smokeless tobacco by or to Indian tribes, tribal 
members, tribal enterprises, or in Indian country; 
(4) any Federal law, including Federal common 
law and treaties, regarding State jurisdiction, or lack 
thereof, over any tribe, tribal members, tribal enter-
prises, tribal reservations, or other lands held by the 
United States in trust for one or more Indian tribes; 
and 
(5) any State or local government authority to 
bring enforcement actions against persons located in 
Indian country. 
(b) COORDINATION OF LAW ENFORCEMENT.—Nothing 
in this Act or the amendments made by this Act shall be 
construed to inhibit or otherwise affect any coordinated law 
enforcement effort by 1 or more States or other jurisdictions, 
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including Indian tribes, through interstate compact or oth-
erwise, that— 
(1) provides for the administration of tobacco 
product laws or laws pertaining to interstate sales or 
other sales of tobacco products; 
(2) provides for the seizure of tobacco products or 
other property related to a violation of such laws; or 
(3) establishes cooperative programs for the ad-
ministration of such laws. 
(c) TREATMENT
OF STATE
AND LOCAL GOVERN-
MENTS.—Nothing in this Act or the amendments made by 
this Act is intended, and shall not be construed to, author-
ize, deputize, or commission States or local governments as 
instrumentalities of the United States. 
(d) ENFORCEMENT WITHIN INDIAN COUNTRY.—Noth-
ing in this Act or the amendments made by this Act is in-
tended to prohibit, limit, or restrict enforcement by the At-
torney General of the United States of the provisions herein 
within Indian country. 
(e) AMBIGUITY.—Any ambiguity between the language 
of this section or its application and any other provision 
of this Act shall be resolved in favor of this section. 
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