HR 1676 RFS 
dictions, including Indian tribes, through interstate com-
pact or otherwise, 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 shall be construed to authorize, deputize, or 
commission States or local governments as instrumental-
ities of the United States. 
(d) ENFORCEMENT WITHIN INDIAN COUNTRY.— 
Nothing in this Act or the amendments made by this Act 
shall prohibit, limit, or restrict enforcement by the Attor-
ney General of the provisions herein within Indian coun-
try. 
(e) AMBIGUITY.—Any ambiguity between the lan-
guage of this section or its application and any other pro-
vision of this Act shall be resolved in favor of this section. 
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SEC. 7. ENHANCED CONTRABAND TOBACCO ENFORCE-
MENT. 
(a) REQUIREMENTS.—The Director of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives shall— 
(1) create 6 regional contraband tobacco traf-
ficking teams over a 3-year period in New York 
City, Washington DC, Detroit, Los Angeles, Seattle, 
and Miami, 
(2) create a new Tobacco Intelligence Center to 
oversee investigations and monitor and coordinate 
ongoing investigations and to serve as a nerve center 
for all ongoing tobacco diversion investigations with-
in the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives, in the United States and, where applica-
ble, with law enforcement organizations around the 
world, 
(3) establish a covert national warehouse for 
undercover operations, and 
(4) create a computer database that will track 
and analyze information from retail sellers of to-
bacco products that sell through the Internet or by 
mail order or make other non-face-to-face sales. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out subsection (a) 
$8,500,000 for each of the 5 fiscal years beginning with 
fiscal year 2010. 
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SEC. 8. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act shall take effect on the date that is 90 days 
after the date of enactment of this Act. 
(b) BATFE AUTHORITY.—Section 5 shall take effect 
on the date of enactment of this Act. 
SEC. 9. SEVERABILITY. 
If any provision of this Act, or any amendment made 
by this Act, or the application thereof to any person or 
circumstance, is held invalid, the remainder of the Act and 
the application of the Act to any other person or cir-
cumstance shall not be affected thereby. 
SEC. 10. SENSE OF CONGRESS CONCERNING THE PRECE-
DENTIAL EFFECT OF THIS ACT. 
It is the sense of Congress that unique harms are 
associated with online cigarette sales, including problems 
with verifying the ages of consumers in the digital market 
and the long-term health problems associated with the use 
of certain tobacco products. This Act was enacted recog-
nizing the longstanding interest of Congress in urging 
compliance with States’ laws regulating remote sales of 
certain tobacco products to citizens of those States, includ-
ing the passage of the Jenkins Act over 50 years ago, 
which established reporting requirements for out-of-State 
companies that sell certain tobacco products to citizens of 
the taxing States, and which gave authority to the Depart-
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ment of Justice and the Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives to enforce the Jenkins Act. In light 
of the unique harms and circumstances surrounding the 
online sale of certain tobacco products, this Act is in-
tended to help collect cigarette excise taxes, to stop to-
bacco sales to underage youth, and to help the States en-
force their laws that target the online sales of certain to-
bacco products only. This Act is in no way meant to create 
a precedent regarding the collection of State sales or use 
taxes by, or the validity of efforts to impose other types 
of taxes on, out-of-State entities that do not have a phys-
ical presence within the taxing State. 
Passed the House of Representatives May 21, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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