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an authorized Indian tribal government official 
to proceed in tribal court, or take other enforce-
ment actions, on the basis of an alleged viola-
tion 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 proceed in State court, or take other enforce-
ment actions, on the basis of an alleged viola-
tion 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 an ap-
propriate United States district court to prevent and re-
strain violations of this Act by any person other than a 
State, local, or tribal government. 
‘‘(e) NOTICE.— 
‘‘(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 action. 
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‘‘(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 lo-
cality or tribe, that commences a civil action under 
this section should inform the Attorney General of 
the action. 
‘‘(f) PUBLIC NOTICE.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
make available to the public, by posting such infor-
mation on the Internet and by other appropriate 
means, information regarding all enforcement ac-
tions brought by the United States, or reported to 
the Attorney General, under this section, including 
information regarding the resolution of such actions 
and how the Attorney General has responded to re-
ferrals of evidence of violations pursuant to sub-
section (c)(2). 
‘‘(2) REPORTS
TO
CONGRESS.—The Attorney 
General shall submit to Congress, one year after the 
date of the enactment of the Prevent All Cigarette 
Trafficking Act of 2009, at the end of each of the 
four succeeding 1-year periods, a report containing 
the information described in paragraph (1).’’. 
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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 and smokeless to-
bacco (as those terms are defined in section 1 of the Act 
of October 19, 1949, commonly referred to as the Jenkins 
Act) are nonmailable and shall not be deposited in or car-
ried 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 be-
lieve contains any cigarettes or smokeless tobacco made 
nonmailable by this subsection. For the purposes of sub-
section (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; or 
‘‘(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: 
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‘‘(1) CIGARS.—Cigars (as that term is defined 
in section 5702(a) of the Internal Revenue Code of 
1986). 
‘‘(2) GEOGRAPHIC EXCEPTION.—Mailings with-
in the State of Alaska or within the State of Hawaii. 
‘‘(3) BUSINESS PURPOSES.—Tobacco products 
mailed only for business purposes between legally 
operating businesses that have all applicable State 
and Federal Government licenses or permits and are 
engaged in tobacco product manufacturing, distribu-
tion, wholesale, export, import, testing, investigation, 
or research, or for regulatory purposes between any 
such businesses and State or Federal Government 
regulatory agencies, pursuant to a final rule that the 
Postal Service shall issue, not later than 180 days 
after the date of the enactment of the Prevent All 
Cigarette Trafficking Act of 2009, which shall estab-
lish the standards and requirements that apply to all 
such mailings, which shall include the following: 
‘‘(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 
agency permitted to make such mailings pursu-
ant to this section and the related final rule. 
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‘‘(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 en-
tity receiving the mailing shall be clearly set 
forth on the package and such information shall 
be kept in Postal Service records and made 
available to the Postal Service, the Attorney 
General, and to persons eligible to bring en-
forcement actions pursuant to section 3(d) of 
the Prevent All Cigarette Trafficking Act of 
2009 for a period of at least three years there-
after. 
‘‘(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 
permitted mailing of otherwise nonmailable to-
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bacco products that may be delivered only to a 
permitted government agency or business and 
may not be delivered to any residence or indi-
vidual person. 
‘‘(F) The mailing shall be delivered only to 
a verified adult employee of the recipient busi-
ness or government agency, who shall be re-
quired to sign for the mailing. 
‘‘(4) CERTAIN INDIVIDUALS.—Tobacco products 
mailed by adult individuals for noncommercial pur-
poses, including the return of a damaged or unac-
ceptable tobacco product to its manufacturer, pursu-
ant to a final rule that the Postal Service shall issue, 
not later than 180 days after the date of the enact-
ment of the Prevent All Cigarette Trafficking Act of 
2009, which shall establish the standards and re-
quirements that apply to all such mailings, which 
shall include 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 identified on the 
return address label of the package and is an 
adult. 
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‘‘(B) For a mailing to an individual, the 
Postal Service shall require the person submit-
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 mailing 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 who 
is not a verified adult. For a mailing to an indi-
vidual, the Postal Service shall deliver the pack-
age 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.—Subject to para-
graph (8), nothing in this Act shall preclude a le-
gally operating cigarette manufacturer operating on 
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its own or through its legally authorized agent from 
using the Postal Service to mail cigarettes to verified 
adult smokers solely for consumer 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 paragraph shall contain no more 
than 12 packs of cigarettes (240 cigarettes); 
‘‘(C) no individual shall receive more than 
1 package of cigarettes per manufacturer pur-
suant to this paragraph in any 30-day period; 
‘‘(D) all taxes on the cigarettes levied by 
the State and locality of delivery have been paid 
to the State and locality prior to delivery, and 
tax stamps or other tax-payment indicia have 
been affixed to the cigarettes as required by 
law; 
‘‘(E)(i) the recipient has not made any 
payments of any kind in exchange for receiving 
the cigarettes; 
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‘‘(ii) the recipient is paid a fee by the man-
ufacturer or manufacturer’s agent for participa-
tion in consumer product tests; and 
‘‘(iii) the recipient, in connection with the 
tests, evaluates the cigarettes and provides 
feedback to the manufacturer or agent; 
‘‘(F) the mailing is made pursuant to a 
final rule that the Postal Service shall issue, 
not later than 180 days after the date of the 
enactment of the Prevent All Cigarette Traf-
ficking Act of 2009, which shall establish stand-
ards and requirements that apply to all such 
mailings, which shall include the following: 
‘‘(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 permitted to 
make such mailings pursuant to this para-
graph, or an agent legally authorized by 
the manufacturer to submit the tobacco 
product into the mails on the manufactur-
er’s behalf. 
‘‘(ii) The Postal Service shall require 
the manufacturer submitting the cigarettes 
into the mails pursuant to this paragraph 
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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 
cigarettes, has formally stated in writing 
that he or she wishes to receive such mail-
ings, and has not withdrawn that agree-
ment despite being offered the opportunity 
to do so by the manufacturer or its legally 
authorized 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 
mails pursuant to this paragraph to affirm 
that the package contains no more than 12 
packs of cigarettes (240 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 ap-
plied. 
‘‘(iv) The mailings shall be sent 
through the Postal Service’s systems that 
provide for the tracking and confirmation 
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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 thereafter. 
‘‘(v) The mailing 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. 
‘‘(6) DEFINITION
OF
CONSUMER
TESTING.— 
For purposes of this Act, the term ‘consumer test-
ing’ means testing limited to formal data collection 
and analysis for the specific purpose of evaluating 
the product for quality assurance and benchmarking 
purposes of cigarette brands or sub-brands among 
existing adult smokers. 
‘‘(7) DEFINITION OF ADULT.—For purposes of 
paragraph (5), the term ‘adult’ means an individual 
of at least 21 years of age. For purposes of para-
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graphs (3) and (4), the term ‘adult’ means an indi-
vidual of at least the minimum age required for the 
legal sale or purchase of tobacco products as deter-
mined by applicable law at the place the individual 
is located. 
‘‘(8) LIMITATIONS.—Paragraph (5) shall not— 
‘‘(A) permit a mailing of cigarettes to an 
individual located in any State that prohibits 
the delivery or shipment of cigarettes to individ-
uals in the State, or preempt, limit, or other-
wise affect any related State laws; or 
‘‘(B) permit a manufacturer, directly or 
through a legally authorized agent, to mail ciga-
rettes in any calendar years in a cumulative 
amount greater than one percent of its total 
cigarette sales in the United States in the pre-
vious calendar year. 
‘‘(9) UNITED
STATES
GOVERNMENT
AGEN-
CIES.—Agencies of the United States Government 
involved in the consumer testing of tobacco products 
solely for public health purposes may make mailings 
pursuant to the same requirements, restrictions, and 
Postal Service rules and procedures that apply to 
consumer testing mailings of cigarettes by manufac-
turers under paragraph (5), except that no such 
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agency shall be required to pay the recipients for 
participating in the consumer testing. 
‘‘(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 Gov-
ernment officials for the detection or prosecution of crimes 
or related investigations and then destroyed. 
‘‘(d) ADDITIONAL PENALTIES.—In addition to any 
other fines and penalties imposed by this Act for violations 
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 de-
posits for mailing or delivery, or knowingly causes to be 
delivered 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 to be nonmailable matter shall be fined under this 
title, imprisoned not more than 1 year, or both. 
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‘‘(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 
separate account in the Treasury of the United States, 
to be known as the ‘PACT Postal Service Fund’. Notwith-
standing any other provision of law, an amount equal to 
50 percent of any criminal and civil fines or monetary pen-
alties collected by the United States Government in en-
forcing the provisions of this subsection shall be trans-
ferred into the PACT Postal Service Fund and shall be 
available to the Postmaster General for the purpose of en-
forcing the provisions of this subsection. 
‘‘(h) COORDINATION OF EFFORTS.—In the enforce-
ment of this section, the Postal Service shall cooperate and 
coordinate its efforts with related enforcement activities 
of any other Federal agency or of any State, local, or trib-
al government, 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 
local government or Indian tribe that levies an excise 
tax on tobacco products, through its chief law en-
forcement officer, may in a civil action in a United 
States district court obtain appropriate relief with 
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respect 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 
abrogate or constitute a waiver of any sovereign im-
munity of a State or local government or Indian 
tribe against any unconsented lawsuit under para-
graph (1), or otherwise to restrict, expand, or mod-
ify any sovereign immunity of a State or local gov-
ernment 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 en-
forcement officer, may provide evidence of a viola-
tion of paragraph (1) for commercial purposes by 
any person not subject to State, local, or tribal gov-
ernment enforcement actions for violations of para-
graph (1) to the Attorney General, who shall take 
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appropriate actions to enforce the provisions of this 
subsection. 
(5) The remedies available under this sub-
section are in addition to any other remedies avail-
able under Federal, State, local, tribal, or other law. 
Nothing in this subsection shall be construed to ex-
pand, 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 violation 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 fol-
lowing 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 
Product Manufacturer that is not in full compliance with 
the terms of the Model Statute or Qualifying Statute en-
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acted by such State requiring funds to be placed into a 
qualified escrow account under specified conditions, and 
with any regulations promulgated pursuant to such stat-
ute. 
(b) JURISDICTION TO PREVENT AND RESTRAIN VIO-
LATIONS.— 
(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 an ap-
propriate United States district court to prevent and 
restrain violations of subsection (a) by any 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 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 
Federal law shall be held or construed to prohibit or 
preempt the Master Settlement Agreement, the 
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Model Statute (as defined in the Master Settlement 
Agreement), any legislation amending or complemen-
tary 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 
authorized 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
GEN-
ERAL.—The Attorney General may bring an action 
in an appropriate United States district court to 
prevent and restrain violations of subsection (a) by 
any person. 
(c) DEFINITIONS.—In this section the following defi-
nitions 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 
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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 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 pos-
session 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. 
(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. 
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(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. 
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— 
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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 compel inspections authorized by paragraph (1). 
‘‘(3) Whoever denies access to an officer under para-
graph (1), or who fails to comply with an order issued 
under paragraph (2), shall be subject to a civil penalty 
in an amount not to exceed $10,000.’’. 
SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES AND 
TRIBAL MATTERS. 
(a) IN GENERAL.—Nothing in this Act or the amend-
ments made by this Act shall be construed to amend, mod-
ify, or otherwise affect— 
(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; 
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HR 1676 RFS 
(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 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-
VerDate Nov 24 2008 
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