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 
designee thereof), or a local government or Indian 
tribe that levies an excise tax on tobacco products, 
through its chief law enforcement officer (or a des-
ignee thereof), may in a civil action in a United 
States district court obtain appropriate relief with 
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 
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PWALKER on PROD1PC71 with BILLS
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 (or a designee thereof), may pro-
vide evidence of a violation of paragraph (1) for 
commercial, business or money-making 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 of the United 
States or a United States attorney, who shall take 
appropriate actions to enforce the provisions of this 
subsection. 
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(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-
acted by such State requiring funds to be placed into a 
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qualified escrow account under specified conditions, or any 
regulations promulgated pursuant to such statute. 
(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 the 
United States district courts to prevent and restrain 
violations of subsection (a) by any person (or by any 
person controlling such 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 willfully and 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 
Model Statute (as defined in the Master Settlement 
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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 of the United States 
may administer and enforce subsection (a). 
(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 
otherwise not in the physical presence of the 
buyer when the request for purchase or order is 
made; or 
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