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. 
SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, 
FIREARMS, AND EXPLOSIVES OF RECORDS 
OF CERTAIN CIGARETTE AND SMOKELESS 
TOBACCO 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, To-
bacco, Firearms, and Explosives may, during normal busi-
ness hours, enter the premises of any person described in 
subsection (a) or (b) for the purposes of inspecting— 
‘‘(A) any records or information required to be 
maintained by such person under the provisions of 
law referred to in this chapter; or 
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‘‘(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 compel 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 
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-
dian country; 
(2) any State laws that authorize or otherwise 
pertain to any such intergovernmental arrangements 
or create special rules or procedures for the collec-
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tion of State, local, or tribal taxes on cigarettes or 
smokeless 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 ciga-
rettes and smokeless tobacco by or to Indian tribes, 
tribal members, tribal enterprises, or in Indian coun-
try; 
(4) any Federal law, including Federal common 
law and treaties, regarding State jurisdiction, or 
lack thereof, over any tribe, tribal members, tribal 
enterprises, 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.—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-
dictions, including Indian tribes, through interstate com-
pact or otherwise, that— 
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(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, au-
thorize, deputize, or commission States or local govern-
ments as instrumentalities of the United States. 
(d) ENFORCEMENT WITHIN INDIAN COUNTRY.— 
Nothing in this Act or the amendments made by this Act 
is intended to prohibit, limit, or restrict enforcement by 
the Attorney General of the United States of the provi-
sions herein within Indian country. 
(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. 
SEC. 7. ENHANCED CONTRABAND TOBACCO ENFORCE-
MENT. 
(a) REQUIREMENTS.—The Director of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives shall— 
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(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 on going tobacco diversion investigations in 
the United States, and where applicable with law en-
forcement organizations around the world within the 
Bureau of Alcohol, Tobacco, Firearms, and Explo-
sives, 
(3) establish covert national warehouse for un-
dercover 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, mail 
order or make other non face to face sales. 
(b) AUTHORIZATION OF APPROPRIATIONS.—The is 
authorized to be appropriated to carry out subsection (a) 
$8,500,000 for each of 5 fiscal years. 
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. 
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