IIB 
111TH CONGRESS 
1ST SESSION H. R. 1676 
IN THE SENATE OF THE UNITED STATES 
JUNE 1, 2009 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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 
‘‘Prevent All Cigarette Trafficking Act of 2009’’ or 
‘‘PACT Act’’. 
(b) FINDINGS.—Congress finds that— 
(1) the sale of illegal cigarettes and smokeless 
tobacco 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 
tobacco over the Internet, and through mail, fax, or 
phone orders, makes it cheaper and easier for chil-
dren 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 ap-
plicable taxes, and without complying with the nomi-
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nal registration and reporting requirements in exist-
ing Federal law; 
(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 
throughout 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 ciga-
rettes 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 substan-
tial 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 retail-
ers; 
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(2) create strong disincentives to illegal smug-
gling of tobacco products; 
(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 to-
bacco; 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: 
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‘‘(1) ATTORNEY GENERAL.—The term ‘Attor-
ney General’ means the Attorney General of the 
United States. 
‘‘(2) ATTORNEY GENERAL.—The term ‘attorney 
general’, with respect to a State, means the attorney 
general or other chief law enforcement officer of the 
State. 
‘‘(3) 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 Internal Revenue Code of 1986. 
‘‘(4) COMMON
CARRIER.—The term ‘common 
carrier’ means any person (other than a local mes-
senger service or the United States Postal Service) 
that holds itself out to the general public as a pro-
vider for hire of the transportation by water, land, 
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tains possession of the cigarettes or smokeless 
tobacco. 
‘‘(7) DELIVERY
SELLER.—The term ‘delivery 
seller’ means a person who makes a delivery sale. 
‘‘(8) INDIAN
COUNTRY.—The term ‘Indian 
country’ means— 
‘‘(A) Indian country as defined in section 
1151 of title 18, United States Code, except 
that within the State of Alaska that term ap-
plies only 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. 
‘‘(9) 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 Rec-
ognized Indian Tribe List Act of 1994 (25 U.S.C. 
479a–1). 
‘‘(10) INTERSTATE
COMMERCE.—The term 
‘interstate commerce’ means commerce between a 
State and any place outside the State, commerce be-
tween a State and any Indian country in the State, 
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or commerce between points in the same State but 
through any place outside the State or through any 
Indian country. 
‘‘(11) 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. 
‘‘(12) PERSON.—The term ‘person’ means an 
individual, corporation, company, association, firm, 
partnership, society, State government, local govern-
ment, Indian tribal government, governmental orga-
nization of such government, or joint stock company. 
‘‘(13) 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. 
‘‘(14) 
SMOKELESS
TOBACCO.—The 
term 
‘smokeless tobacco’ means any finely cut, ground, 
powdered, or leaf tobacco, or other product con-
taining tobacco, that is intended to be placed in the 
oral or nasal cavity or otherwise consumed without 
being combusted. 
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‘‘(15) 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, lo-
cality, or tribe, respectively. 
‘‘(16) 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. 
‘‘(17) USE.—The term ‘use’, in addition to its 
ordinary meaning, means the consumption, storage, 
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 ap-
pears and inserting ‘‘cigarettes or smokeless to-
bacco’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting ‘‘CONTENTS.—’’ after 
‘‘(a)’’; 
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(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 
‘‘with the Attorney General and with the 
tobacco tax administrators 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;’’; 
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(C) in paragraph (2), by striking ‘‘and the 
quantity thereof.’’ and inserting ‘‘the quantity 
thereof, and the name, address, and phone 
number of the person delivering the shipment to 
the recipient on behalf of the delivery seller, 
with all invoice or memoranda information re-
lating 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 
tobacco tax administrators and chief law enforce-
ment officers of the local governments and Indian 
tribes operating within the borders of the State that 
apply their own local or tribal taxes on cigarettes or 
smokeless 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 
follows and inserting a period; and 
(4) by adding at the end the following: 
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‘‘(c) USE OF INFORMATION.—A tobacco tax adminis-
trator or chief law enforcement officer who receives a 
memorandum or invoice under paragraph (2) or (3) of 
subsection (a) shall use such memorandum or invoice sole-
ly for the purposes of the enforcement of this Act and the 
collection of any taxes owed on related sales of cigarettes 
and smokeless tobacco, and shall keep confidential any 
personal information in such memorandum or invoice ex-
cept as required for such purposes.’’. 
(c) REQUIREMENTS
FOR DELIVERY SALES.—The 
Jenkins Act is amended by inserting after section 2 the 
following: 
‘‘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 
tobacco as if such delivery sales occurred entirely 
within the specific State and place, including laws 
imposing— 
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‘‘(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 ship-
ping package containing cigarettes or smokeless to-
bacco, the delivery seller shall include on the bill of 
lading, if any, and on the outside of the shipping 
package, on the same surface as the delivery ad-
dress, a clear and conspicuous statement providing 
as 
follows: 
‘CIGARETTES/SMOKELESS 
TO-
BACCO: FEDERAL LAW REQUIRES THE PAY-
MENT OF ALL APPLICABLE EXCISE TAXES, 
AND COMPLIANCE WITH APPLICABLE LI-
CENSING 
AND 
TAX–STAMPING 
OBLIGA-
TIONS’. 
‘‘(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 
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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 para-
graph (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 package for delivery. Nothing in this paragraph 
shall require the common carrier or other delivery 
service to open any package to determine its con-
tents. 
‘‘(3) WEIGHT RESTRICTION.—A delivery seller 
shall not sell, offer for sale, deliver, or cause to be 
delivered in any single sale or single delivery any 
cigarettes or smokeless tobacco weighing more than 
10 pounds. 
‘‘(4) AGE VERIFICATION.— 
‘‘(A) IN GENERAL.—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-
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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 
delivery sale order, or an adult who is 
at least the minimum age required for 
the legal sale or purchase of tobacco 
products, as determined by the appli-
cable law at the place of delivery, to 
sign to accept delivery of the shipping 
container at the delivery address; and 
‘‘(II) the person who signs to ac-
cept delivery of the shipping container 
to provide proof, in the form of a 
valid, government-issued identification 
bearing a photograph of the indi-
vidual, that the person is at least the 
minimum age required for the legal 
sale or purchase of tobacco products, 
as determined by the applicable law at 
the place of delivery; and 
‘‘(iii) shall not accept a delivery sale 
order from a person without— 
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‘‘(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 determined by the applicable law at 
the place of delivery. 
‘‘(B) LIMITATION.—No database being 
used for age and identity verification under 
subparagraph (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.— 
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‘‘(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), orga-
nized by the State, and within such State, by the 
city or town and by zip code, into which such deliv-
ery sale is so made. 
‘‘(2) RECORD RETENTION.—Records of a deliv-
ery 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 to-
bacco, to the attorneys general of the States, to the 
chief law enforcement officers of such local govern-
ments and Indian tribes, and to the Attorney Gen-
eral 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 
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other delivery service, any cigarettes or smokeless to-
bacco 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 
delivered has been paid to the State; 
‘‘(B) any cigarette or smokeless tobacco 
excise tax that is imposed by the local govern-
ment 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. 
‘‘(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 re-
quires or otherwise provides that delivery sellers col-
lect 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. 
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‘‘(e) LIST OF UNREGISTERED OR NONCOMPLIANT 
DELIVERY 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 shall compile a list 
of delivery sellers of cigarettes or smokeless to-
bacco that have not registered with the Attor-
ney 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 
consumers in interstate commerce, in-
cluding the United States Postal Serv-
ice; and 
‘‘(III) any other persons who the 
Attorney General believes can promote 
the effective enforcement of this Act; 
and 
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‘‘(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 shall include, for 
each delivery seller on the list described in sub-
paragraph (A)— 
‘‘(i) all names the delivery seller uses 
or has used in the transaction of its busi-
ness or on packages delivered to cus-
tomers; 
‘‘(ii) all addresses from which the de-
livery seller does or has done business, or 
ships or has shipped cigarettes or smoke-
less tobacco; 
‘‘(iii) the website addresses, primary 
e-mail address, and phone number of the 
delivery seller; and 
‘‘(iv) any other information that the 
Attorney General determines would facili-
tate compliance with this subsection by re-
cipients of the list. 
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‘‘(C) UPDATING.—The Attorney General 
shall update and distribute the list at least once 
every 4 months, and may distribute the list and 
any updates by regular mail, electronic mail, or 
any other reasonable means, or by providing re-
cipients with access to the list through a non-
public website that the Attorney General regu-
larly updates. 
‘‘(D) STATE, LOCAL, OR
TRIBAL
ADDI-
TIONS.—The Attorney General shall include in 
the list under subparagraph (A) any noncom-
plying delivery sellers identified by any State, 
local, or tribal government under paragraph 
(5), and shall distribute the list to the attorney 
general or chief law enforcement official and 
the tax administrator of any government sub-
mitting any such information, and to any com-
mon carriers or other persons who deliver small 
packages to consumers identified by any gov-
ernment pursuant to paragraph (5). 
‘‘(E) ACCURACY AND COMPLETENESS OF 
LIST OF NONCOMPLYING DELIVERY SELLERS.— 
In preparing and revising the list required by 
subparagraph (A), the Attorney General shall— 
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‘‘(i) use reasonable procedures to en-
sure maximum possible accuracy and com-
pleteness of the records and information 
relied 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 such list, 
make a reasonable attempt to send notice 
to the delivery seller by letter, electronic 
mail, or other means that the delivery sell-
er is being placed on such list, with that 
notice citing the relevant provisions of this 
Act and the specific 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, 
tribal, and local law enforcement officials, 
and provide the specific findings and re-
sults of such investigation to such delivery 
seller not later than 30 days after the chal-
lenge is made; and 
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‘‘(v) upon finding that any placement 
is inaccurate, incomplete, or cannot be 
verified, promptly delete such delivery sell-
er 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 
confidential, 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. Noth-
ing in this section shall prohibit a common car-
rier, the United States Postal Service, or any 
other person receiving the list from discussing 
with a listed delivery seller the delivery seller’s 
inclusion on the list and the resulting effects on 
any services requested by such listed delivery 
seller. 
‘‘(2) PROHIBITION ON DELIVERY.— 
‘‘(A) IN GENERAL.—Commencing on the 
date that is 60 days after the date of the initial 
distribution or availability of the list under 
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paragraph (1)(A), no person who receives the 
list under paragraph (1), and no person who 
delivers cigarettes or smokeless tobacco to con-
sumers, shall knowingly complete, cause to be 
completed, or complete its portion of a delivery 
of any package 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 smoke-
less tobacco; 
‘‘(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 
tobacco. 
‘‘(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 
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paragraph (1), all recipients and all common 
carriers or other persons that deliver cigarettes 
or smokeless tobacco to consumers shall be sub-
ject to subparagraph (A) in regard to such cor-
rections 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 to-
bacco product deliveries to consumers or, if any 
such settlement agreement to which the com-
mon carrier was a party is terminated or other-
wise becomes inactive, is administering and en-
forcing, on a nationwide basis, policies and 
practices that are at least as stringent as any 
such agreement. For the purposes of this sec-
tion, ‘settlement agreement’ shall be defined to 
include the Assurance of Discontinuance en-
tered into by the Attorney General of New York 
and DHL Holdings USA, Inc. and DHL Ex-
press (USA), Inc. on or about July 1, 2005, the 
Assurance of Discontinuance entered into by 
the Attorney General of New York and United 
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Parcel Service, Inc. on or about October 21, 
2005, and the Assurance of Compliance entered 
into by the Attorney General of New York and 
Federal 
Express 
Corporation 
and 
FedEx 
Ground Package Systems, Inc. on or about 
February 3, 2006, so long as each is honored 
nationwide to block illegal deliveries of ciga-
rettes or smokeless tobacco to consumers, and 
also includes any other active agreement be-
tween a common carrier and the States that op-
erates 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 rea-
son to believe that the person ordering the de-
livery is on a list distributed under paragraph 
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(1), and that clauses (i), (ii), and (iii) of para-
graph (2)(a) do not apply— 
‘‘(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 com-
pleted; and 
‘‘(II) if the package is not deliv-
erable, any reasonable additional fee 
or charge levied by the common car-
rier or other delivery service to cover 
its extra costs and inconvenience and 
to serve as a disincentive against such 
noncomplying delivery orders; and 
‘‘(ii) if the package is determined not 
to be deliverable, the common carrier or 
other delivery service shall offer to provide 
the package and its contents to a Federal, 
State, or local law enforcement agency. 
‘‘(B) RECORDS.—A common carrier or 
other delivery service shall maintain, for a pe-
riod of 5 years, any records kept in the ordi-
nary course of business relating to any deliv-
eries interrupted pursuant to this paragraph 
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and provide that information, upon request, to 
the Attorney General or to the attorney general 
or chief law enforcement official or tax adminis-
trator 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 
enforcement of this Act and the collection of 
any taxes owed on related sales of cigarettes 
and smokeless tobacco, and shall keep confiden-
tial any personal information in such records 
not otherwise required for such purposes. 
‘‘(4) PREEMPTION.— 
‘‘(A) IN
GENERAL.—No State, local, or 
tribal government, nor any political authority of 
2 or more State, local, or tribal governments, 
may enact or enforce any law or regulation re-
lating to delivery sales that restricts deliveries 
of cigarettes or smokeless tobacco to consumers 
by common carriers or other delivery services 
on behalf of delivery sellers by— 
‘‘(i) requiring that the common carrier 
or other delivery service verify the age or 
identity of the consumer accepting the de-
livery by requiring the person who signs to 
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accept 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 
person is at least the minimum age re-
quired for the legal sale or purchase of to-
bacco 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 sig-
nature from the consumer accepting the 
delivery; 
‘‘(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, no-
tice, or markings; or 
‘‘(v) prohibiting common carriers or 
other delivery services from making deliv-
eries on the basis of whether the delivery 
seller is or is not identified on any list of 
delivery sellers maintained and distributed 
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by any entity other than the Federal Gov-
ernment. 
‘‘(B) RELATIONSHIP TO OTHER LAWS.— 
Except as provided in subparagraph (C), noth-
ing in this paragraph shall be construed to nul-
lify, 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 
is described in section 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 2009, the amendments made 
by that Act, or in any other Federal statute 
shall be construed to preempt, supersede, or 
otherwise limit or restrict State laws prohibiting 
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the delivery 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 prohib-
iting the delivery of cigarettes or other tobacco 
products to individual consumers or personal 
residences without proof that the common car-
rier is not exempt under paragraph (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 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, 
locality, or tribal land involved, but has 
failed to register with or make reports to 
the respective tax administrator as re-
quired by this Act, or that has been found 
in a legal proceeding to have otherwise 
failed to comply with this Act; and 
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‘‘(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 land. 
‘‘(B) UPDATES.—Any government pro-
viding a list to the Attorney General under sub-
paragraph (A) shall also provide updates and 
corrections every 4 months until such time as 
such government notifies the Attorney General 
in writing that such government no longer de-
sires to submit such information to supplement 
the list maintained and distributed by the At-
torney General under paragraph (1). 
‘‘(C) REMOVAL
AFTER
WITHDRAWAL.— 
Upon receiving written notice that a govern-
ment no longer desires to submit information 
under subparagraph (A), the Attorney General 
shall remove from the list compiled under para-
graph (1) any persons that are on the list solely 
because of such government’s prior submissions 
of its list of noncomplying delivery sellers of 
cigarettes or smokeless tobacco or its subse-
quent updates and corrections. 
‘‘(6) 
DEADLINE
TO
INCORPORATE
ADDI-
TIONS.—The Attorney General shall— 
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‘‘(A) include any delivery seller identified 
and submitted by a State, local, or tribal gov-
ernment under paragraph (5) in any list or up-
date 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; 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 a 
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 shall 
make a reasonable attempt to send notice to the de-
livery 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 provi-
sions of this Act. 
‘‘(8) LIMITATIONS.— 
‘‘(A) IN GENERAL.—Any common carrier 
or other person making a delivery subject to 
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this subsection shall not be required or other-
wise obligated to— 
‘‘(i) determine whether any list dis-
tributed or made available under para-
graph (1) is complete, accurate, or up-to- 
date; 
‘‘(ii) determine whether a person or-
dering a delivery is in compliance with this 
Act; or 
‘‘(iii) open or inspect, pursuant to this 
Act, any package being delivered to deter-
mine its contents. 
‘‘(B) ALTERNATE
NAMES.—Any common 
carrier or other person making a delivery sub-
ject to this subsection shall not be required to 
make any inquiries or otherwise determine 
whether a person ordering a delivery is a deliv-
ery seller on the list under paragraph (1) who 
is using a different name or address in order to 
evade the related delivery restrictions, but shall 
not knowingly deliver any packages to con-
sumers for any such delivery seller who the 
common carrier or other delivery service knows 
is a delivery seller who is on the list under 
paragraph (1) but is using a different name or 
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address to evade the delivery restrictions of 
paragraph (2). 
‘‘(C) PENALTIES.—Any common carrier or 
person in the business of delivering packages on 
behalf of other persons shall not be subject to 
any penalty under section 14101(a) of title 49, 
United States Code, or any other provision of 
law for— 
‘‘(i) not making any specific delivery, 
or any deliveries at all, on behalf of any 
person on the list under paragraph (1); 
‘‘(ii) refusing, as a matter of regular 
practice and procedure, to make any deliv-
eries, or any deliveries in certain States, of 
any cigarettes or smokeless tobacco for any 
person or for any person not in the busi-
ness of manufacturing, distributing, or 
selling cigarettes or smokeless tobacco; or 
‘‘(iii) delaying or not making a deliv-
ery for any person because of reasonable 
efforts to comply with this Act. 
‘‘(D) OTHER LIMITS.—Section 2 and sub-
sections (a), (b), (c), and (d) of this section 
shall not be interpreted to impose any respon-
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sibilities, requirements, or liability on common 
carriers. 
‘‘(f) PRESUMPTION.—For purposes of this Act, a de-
livery 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 pursu-
ant 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 knowingly 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 govern-
ment. 
‘‘(B) DELIVERY VIOLATIONS.—A common 
carrier or independent delivery service, or em-
ployee of a common carrier or independent de-
livery service, shall be subject to criminal pen-
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alties under paragraph (1) for a violation of 
section 2A(e) only if the violation is committed 
knowingly— 
‘‘(i) as consideration for the receipt 
of, or as consideration for a promise or 
agreement 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 
violation, or $10,000 for any other viola-
tion; 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 imposed under paragraph (1) for a violation 
of this Act shall be imposed in addition to any crimi-
nal penalty under subsection (a) and any other dam-
ages, equitable relief, or injunctive relief awarded by 
the court, including the payment of any unpaid taxes 
to the appropriate Federal, State, local, or tribal 
governments. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) DELIVERY
VIOLATIONS.—An em-
ployee of a common carrier or independent de-
livery 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 
agreement 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) the violation consists of an em-
ployee of the common carrier or inde-
pendent delivery service who physically re-
ceives and processes orders, picks up pack-
ages, processes packages, or makes deliv-
eries, taking actions that are outside the 
scope of employment of the employee, or 
that violate the implemented and enforced 
policies of the common carrier or inde-
pendent 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 viola-
tions of this Act and to provide other appropriate injunc-
tive or equitable relief, including money damages, for such 
violations. 
‘‘(b) AUTHORITY OF THE ATTORNEY GENERAL.— 
The Attorney General 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 local government or Indian 
tribe that levies a tax subject to section 
2A(a)(3), through its chief law enforcement of-
ficer, may bring an action in a United States 
district court to prevent and restrain violations 
of this Act by any person or to obtain any other 
appropriate relief from any person for violations 
of this Act, including civil penalties, money 
damages, and injunctive or other equitable re-
lief. 
‘‘(B) SOVEREIGN IMMUNITY.—Nothing in 
this Act shall be deemed to abrogate or con-
stitute a waiver of any sovereign immunity of a 
State or local government or Indian tribe 
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against any unconsented lawsuit under this Act, 
or otherwise to restrict, expand, or modify any 
sovereign immunity of a State or local govern-
ment 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, 
may provide evidence of a violation of this Act by 
any person not subject to State, local, or tribal gov-
ernment enforcement actions for violations of this 
Act to the Attorney General or a United States at-
torney, 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’. 
Notwith-
standing any other provision of law and subject 
to subparagraph (B), an amount equal to 50 
percent of any criminal and civil penalties col-
lected by the United States Government in en-
forcing the provisions of this Act shall be trans-
ferred into the PACT Anti-Trafficking Fund 
and shall be available to the Attorney General 
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for purposes of enforcing the provisions of this 
Act and other laws relating to contraband to-
bacco 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 responsible 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 avail-
able under this section and section 3 are in ad-
dition 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. 
‘‘(C) 
TRIBAL
COURT
PROCEEDINGS.— 
Nothing in this Act shall be construed to ex-
pand, restrict, or otherwise modify any right of 
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