(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 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 by use of a common carrier, private 
delivery service, or the mails, or the seller is not 
in the physical presence of the buyer when the 
buyer obtains possession of the cigarettes or 
smokeless tobacco. 
(2) IMPORTER.—The term ‘‘importer’’ means 
each of the following: 
(A) SHIPPING OR CONSIGNING.—Any per-
son in the United States to whom nontaxpaid 
tobacco products manufactured in a foreign 
country, Puerto Rico, the Virgin Islands, or a 
possession of the United States are shipped or 
consigned. 
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(B) MANUFACTURING WAREHOUSES.—Any 
person who removes cigars or cigarettes for sale 
or consumption in the United States from a 
customs-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 
agreement executed November 23, 1998, between 
the attorneys general of 46 States, the District of 
Columbia, the Commonwealth of Puerto Rico, and 4 
territories of the United States and certain tobacco 
manufacturers. 
(4) MODEL STATUTE; QUALIFYING STATUTE.— 
The terms ‘‘Model Statute’’ and ‘‘Qualifying Stat-
ute’’ 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 
meaning given that term in section II(uu) of the 
Master Settlement Agreement. 
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SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, 
FIREARMS, AND EXPLOSIVES OF RECORDS 
OF CERTAIN CIGARETTE AND SMOKELESS 
TOBACCO SELLERS. 
(a) IN GENERAL.—Any officer of the Bureau of Alco-
hol, Tobacco, Firearms, and Explosives may, during nor-
mal business hours, enter the premises of any person de-
scribed in subsection (b) for the purposes of inspecting— 
(1) any records or information required to be 
maintained by such person under the provisions of 
law referred to in subsection (d); or 
(2) any cigarettes or smokeless tobacco kept or 
stored by such person at such premises. 
(b) COVERED PERSONS.—Subsection (a) applies to 
any person who engages in a delivery sale, and who ships, 
sells, distributes, or receives any quantity in excess of 
10,000 cigarettes, or any quantity in excess of 500 single- 
unit consumer-sized cans or packages of smokeless to-
bacco, within a single month. 
(c) RELIEF.— 
(1) IN GENERAL.—The district courts of the 
United States shall have the authority in a civil ac-
tion under this subsection to compel inspections au-
thorized by subsection (a). 
(2) VIOLATIONS.—Whoever violates subsection 
(a) or an order issued pursuant to paragraph (1) 
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shall be subject to a civil penalty in an amount not 
to exceed $10,000 for each violation. 
(d) COVERED PROVISIONS OF LAW.—The provisions 
of law referred to in this subsection are— 
(1) the Act of October 19, 1949 (15 U.S.C. 
375; commonly referred to as the ‘‘Jenkins Act’’); 
(2) chapter 114 of title 18, United States Code; 
and 
(3) this Act. 
(e) DELIVERY SALE DEFINED.—In this section, the 
term ‘‘delivery sale’’ has the meaning given that term in 
2343(e) of title 18, United States Code, as amended by 
this Act. 
SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES AND 
TRIBAL 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 inter-
governmental 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 In-
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dian country (as that term is defined in section 
1151 of title 18, United States Code); 
(2) any State laws that authorize or otherwise 
pertain to any such intergovernmental arrangements 
or create special rules or procedures for the collec-
tion of State, local, or tribal taxes on cigarettes or 
smokeless tobacco sold in Indian country; 
(3) any limitations under existing Federal 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 ciga-
rettes and smokeless tobacco by or to Indian tribes 
or tribal members or in Indian country; 
(4) any existing Federal law, including Federal 
common law and treaties, regarding State jurisdic-
tion, or lack thereof, over any tribe, tribal members, 
or tribal reservations; and 
(5) any existing State or local government au-
thority to bring enforcement actions against persons 
located in Indian country. 
(b) COORDINATION OF LAW ENFORCEMENT.—Noth-
ing 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 juris-
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