“TEXT OF AMENDMENTS” published by Congressional Record on June 4, 2009

Friday, Sep 24, 2021 @ 7:06pm By EP News Wire Reports

Volume 155, No. 83 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S6216-S6228 on June 4, 2009.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1257. Mr. ENSIGN submitted an amendment intended to be proposed to amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. INCREASED CONTRIBUTIONS FROM USERS OF TOBACCO

PRODUCTS UNDER FEDERAL EMPLOYEES HEALTH

BENEFITS PLANS.

(a) In General.--Section 8906 of title 5, United States Code, is amended--

(1) in subsection (b)(1), by inserting ``of this subsection and subsection (j)'' after ``and (4)'';

(2) in subsection (c), by striking ``subsection (b)'' and inserting ``subsections (b) and (j)''; and

(3) by adding at the end the following:

``(j)(1) In this subsection--

``(A) the term `enrollee' means an employee or annuitant enrolled in a health benefits plan under this chapter;

``(B) the term `tobacco product' means--

``(i) any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product); and

``(ii) shall not include an article that is a drug under subsection (g)(1) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), a device under subsection

(h) of that section, or a combination product described in section 503(g) of that Act; and

``(C) the term `user of a tobacco product' means an individual who has used a tobacco product within the last 12 months.

``(2)(A) If an enrollee (or any individual covered by that enrollee if enrollment is for self and family) is a user of a tobacco product, the contribution paid by that enrollee shall be increased by 35 percent.

``(B) If an enrollee (and any individual covered by that enrollee if enrollment is for self and family) is not a user of a tobacco product, the contribution paid by that enrollee shall be reduced by 15 percent.

``(3) The Government contribution paid for each enrollee, as applicable, shall be--

``(A) reduced by the dollar amount of the increase adjusted under paragraph (2)(A); or

``(B) increased by the dollar amount of the reduction adjusted under paragraph (2)(B).

``(4) Any adjustment under this subsection shall be subject to the limitation under subsection (b)(2).''.

(b) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out the amendment made by this section.

(c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to contracts entered into under section 8902 of title 5, United States Code, that take effect with respect to calendar years that begin more than 1 year after that date.

______

SA 1258. Mr. ENSIGN submitted an amendment intended to be proposed to amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in division A, insert the following:

SEC. __. ADJUSTMENT OF THE AMOUNT OF THE MEDICARE PART B

PREMIUM TO REWARD BENEFICIARIES WHO REFRAIN

FROM TOBACCO USE.

Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended--

(1) in subsection (a)(2), by striking ``and (i)'' and inserting ``(i), and (j)''; and

(2) by adding at the end the following new subsection:

``(j)(1) With respect to the monthly premium amount under this section for months after December 2010, the Secretary shall adjust (under procedures established by the Secretary) the amount of such premium for an individual based on whether or not the individual refrains from tobacco use. Such procedures shall include providing an individual whose premium was increased under the preceding sentence for a year with the opportunity to have the amount of such increase for the year refunded in whole or in part if the individual demonstrates to the Secretary that the individual now refrains from tobacco use.

``(2) In making the adjustments under paragraph (1) for a month, the Secretary shall ensure that the total amount of premiums to be paid under this part for the month is equal to the total amount of premiums that would have been paid under this part for the month if no such adjustments had been made, as estimated by the Secretary.''.

______

SA 1259. Mr. BENNETT submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RESTRICTIONS ON TARP EXPENDITURES FOR AUTOMOBILE

MANUFACTURERS; FIDUCIARY DUTY TO TAXPAYERS;

REQUIRED ISSUANCE OF COMMON STOCK TO TAXPAYERS.

(a) Prohibition on Further TARP Funds.--Notwithstanding any provision of the Emergency Economic Stabilization Act of 2008

(Public Law 110-434), or any other provision of law, the Secretary may not expend or obligate any funds made available under that Act on or after the date of enactment of this Act with respect to any designated automobile manufacturer.

(b) Fiduciary Duty to Shareholders.--With respect to any designated automobile manufacturer, the Secretary, and the designee of the Secretary who is responsible for the exercise of shareholder voting rights with respect to a designated automobile manufacturer pursuant to assistance provided under the Emergency Economic Stabilization Act of 2008, shall have a fiduciary duty to the American taxpayer for the maximization of the return on the investment of the taxpayer under that Act, in the same manner, and to the same extent that any director of an issuer of securities has with respect to its shareholders under the securities laws and all applicable provisions of State law.

(c) Civil Actions Authorized.--A person who is aggrieved of a violation of the fiduciary duty established under subsection (b) may bring a civil action in an appropriate United States district court to obtain injunctive or other equitable relief relating to the violation.

(d) Definitions.--As used in this section--

(1) the term ``designated automobile manufacturer'' means an entity organized under the laws of a State, the primary business of which is the manufacture of automobiles, and any affiliate thereof, if such automobile manufacturer--

(A) has received funds under the Emergency Economic Stabilization Act of 2008 (Public Law 110-434), or funds were obligated under that Act, before the date of enactment of this Act; and

(B) has filed for bankruptcy protection under chapter 11 of title 11, United States Code, during the 90-day period preceding the date of enactment of this Act;

(2) the term ``Secretary'' means the Secretary of the Treasury or the designee of the Secretary; and

(3) the terms ``director'', ``issuer'', ``securities'', and

``securities laws'' have the same meanings as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).

______

SA 1260. Mr. ENZI submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--TOBACCO PHASE OUT

SEC. __01. ESTABLISHMENT OF TOBACCO PHASE OUT PROGRAM.

Chapter IX of the Federal Food, Drug, and Cosmetic Act (as added by section 101 and amended by section 301) is further amended by adding at the end the following:

``SEC. 921. ESTABLISHMENT OF TOBACCO PHASE OUT PROGRAM.

``(a) In General.--The Secretary shall establish a program to require annual reductions in the sale of cigarettes.

``(b) Requirement.--

``(1) In general.--Under the program under subsection (a), each tobacco product manufacturer shall annually certify to the Secretary that--

``(A) with respect to cigarettes made by such manufacturer, the total number of such cigarettes sold during the year for which the certification is submitted is 1 percent less than the total number of such cigarettes sold during the preceding year; or

``(B) such manufacturer has purchased an additional cigarette sales allotment from another manufacturer as provided for in subsection (c).

``(2) Initial certification.--With respect to the first year for which a certification is submitted by a tobacco product manufacturer, the 1 percent reduction required under paragraph (1)(A) with respect to the sale of cigarettes shall be determined using the amount of such manufacturer's cigarettes sold in the highest sales year during the preceding 5-year period (as determined by the Secretary).

``(c) Additional Cigarette Sales Allotment.--

``(1) In general.--A tobacco product manufacturer (referred to in this subsection as the `contracting manufacturer') to which this section applies may enter into a contract with one or more additional manufacturers (referred to in this subsection as a `decreased sales manufacturer') to purchase from such manufacturers an additional sales allotment.

``(2) Requirement.--A contract entered into under paragraph

(1) shall--

``(A) require the decreased sales manufacturer to provide for a further reduction in the total number of cigarettes sold during the year involved (beyond that required under subsection (b)(1)) by an amount equal to the additional sales allotment provided for in the contract; and

``(B) permit the contracting manufacturer to increase the total number of cigarettes sold during the year involved by an amount equal to the additional sales allotment provided for in the contract.

``(3) Additional sales allotment.--In this subsection, the term `additional sales allotment' means the number of cigarettes by which the decreased sales manufacturer agrees to further reduce its sales during the year involved.

``(d) Enforcement.--

``(1) In general.--A tobacco product manufacturer that fails to comply with the requirement of subsection (b) for any year shall be subject to a penalty in an amount equal to

$2 multiplied by the number of cigarettes by which such manufacturer has failed to comply with such subsection (b). Amounts collected under this paragraph shall be used to carry out paragraph (2).

``(2) Use of amounts.--

``(A) Implementation costs.--Amount collected under paragraph (1) shall be used to reimburse the Secretary for the costs of implementing the program under this section.

``(B) Tobacco use counter-advertising.--

``(i) Establishment of campaign.--The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall carry out a campaign of counter-advertising with respect to tobacco use. The campaign shall consist of the placement of pro-health advertisements regarding tobacco use on television, on radio, in print, on billboards, on movie trailers, on the Internet, and in other media.

``(ii) Funding.--If amounts remain available under paragraph (1) after the Secretary is fully reimbursed as provided for under subparagraph (A), such amounts shall be used to carry out the campaign under clause (i).

``(e) Procedures.--The Secretary shall develop procedures for--

``(1) the submission and verification of certificates under subsection (a);

``(2) the administration and verification of additional cigarette sales allotment contracts under subsection (c); and

``(3) the imposition of penalties under subsection (d).''.

______

SA 1261. Mr. BURR submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

In section 903(a)(2) of the Federal Food Drug, and Cosmetic Act (as added by section 101), strike subparagraph (C).

______

SA 1262. Mr. BURR submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

In section 102(a) of division A, strike paragraph (2) and insert the following:

(2) Advertising in general.--Beginning on the date that is 1 year from date of enactment of this Act, the advertisement of tobacco products, through any form of media, shall be prohibited.

______

SA 1263. Mr. BURR submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

In section 900 of the Federal Food Drug, and Cosmetic Act

(as added by section 101), strike paragraph (16) and insert the following:

``(16) Small tobacco product manufacturer.--The term `small tobacco product manufacturer' means a tobacco product manufacturer whose share, expressed as a percentage, of the total number of individual cigarettes sold in the United States, the District of Columbia, and Puerto Rico during the calendar year at issue, as measured by excise taxes collected by the Federal Government, and, in the case of cigarettes sold in Puerto Rico, by arbitrios de cigarillos collected by the Puerto Rico taxing authority, is less than 10 percent. For purposes of calculating the share under this paragraph, 0.09 ounces of `roll your own' tobacco shall constitute one individual cigarette. With respect to a tobacco product manufacturer that sells tobacco products others than cigarettes and does not also sell cigarettes, the term `small tobacco product manufacturer' means a tobacco product manufacturer that employs fewer than 350 employees.''.

______

SA 1264. Mr. BURR submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

In section 102(a)(2), insert after subparagraph (D) the following:

``(E) strike `and in paragraph (b)(2) of this section' from section 897.14(b)(1), and strike section 897.14(b)(2);''.

______

SA 1265. Mr. ALEXANDER (for himself, Mr. Vitter, Mr. Cornyn, Mr. Isakson, and Mr. Roberts) submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RESTRICTIONS ON TARP EXPENDITURES FOR AUTOMOBILE

MANUFACTURERS; FIDUCIARY DUTY TO TAXPAYERS;

REQUIRED ISSUANCE OF COMMON STOCK TO TAXPAYERS.

(a) Short Title.--This section may be cited as the ``Auto Stock for Every Taxpayer Act''.

(b) Prohibition on Further TARP Funds.--Notwithstanding any provision of the Emergency Economic Stabilization Act of 2008

(c) Fiduciary Duty to Shareholders.--With respect to any designated automobile manufacturer, the Secretary, and the designee of the Secretary who is responsible for the exercise of shareholder voting rights with respect to a designated automobile manufacturer pursuant to assistance provided under the Emergency Economic Stabilization Act of 2008, shall have a fiduciary duty to the American taxpayer for the maximization of the return on the investment of the taxpayer under that Act, in the same manner, and to the same extent that any director of an issuer of securities has with respect to its shareholders under the securities laws and all applicable provisions of State law.

(d) Required Issuance of Common Stock to Eligible Taxpayers.--Not later than 1 year after the emergence of any designated automobile manufacturer from bankruptcy protection described in subsection (f)(1)(B), the Secretary shall issue a certificate of common stock to each eligible taxpayer, which shall represent such taxpayer's share of the aggregate common stock holdings of the United States Government in the designated automobile manufacturer on such date.

(e) Civil Actions Authorized.--A person who is aggrieved of a violation of the fiduciary duty established under subsection (c) may bring a civil action in an appropriate United States district court to obtain injunctive or other equitable relief relating to the violation.

(f) Definitions.--As used in this section--

(A) has received funds under the Emergency Economic Stabilization Act of 2008 (Public Law 110-434), or funds were obligated under that Act, before the date of enactment of this Act; and

(B) has filed for bankruptcy protection under chapter 11 of title 11, United States Code, during the 90-day period preceding the date of enactment of this Act;

(2) the term ``eligible taxpayer'' means any individual taxpayer who filed a Federal taxable return for taxable year 2008 (including any joint return) not later than the due date for such return (including any extension);

(3) the term ``Secretary'' means the Secretary of the Treasury or the designee of the Secretary; and

(4) the terms ``director'', ``issuer'', ``securities'', and

``securities laws'' have the same meanings as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).

______

SA 1266. Mr. ENSIGN submitted an amendment intended to be proposed to amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. HEALTHY BEHAVIOR INCENTIVE PROGRAMS.

(a) Medicaid State Plan Amendment.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended--

(1) in subsection (a)--

(A) in paragraph (72), by striking ``and'' at the end;

(B) in paragraph (73), by striking the period at the end and inserting ``; and''; and

``(74) provide that, not later than October 1, 2011, the State shall provide assurances to the Secretary that the State has in effect a program described in subsection (gg) to reward and encourage individuals determined to be eligible for medical assistance under the plan to reduce or eliminate their use of tobacco products.''; and

(2) by adding at the end the following new subsection:

``(gg)(1) For purposes of subsection (a)(74), a program described in this subsection is a program under which the State--

``(A) provides incentives to reward individuals determined to be eligible for medical assistance under the State plan who agree to participate in the program and successfully refrain from tobacco use;

``(B) notwithstanding any other provision of this title, may elect with respect to individuals determined to be eligible for medical assistance under the State plan who have attained age 19 but not attained age 65, to condition the individual's enrollment in the State plan on participating in the program;

``(C) notwithstanding any other provision of this title, may elect to vary the amount, duration, or scope of the medical assistance provided under the State plan, or to impose cost-sharing without regard to sections 1916 or 1916A, in such manner as the State determines is likely to be effective in reducing the use of tobacco products by individuals eligible for medical assistance under the State plan; and

``(D) agrees to provide the Secretary with such information as the Secretary requires for purposes of producing the State rankings required under paragraph (2).

``(2) Not later than December 31, 2012, the Secretary shall rank the States with respect to their efforts to reduce the use of tobacco products among individuals who have been determined to be eligible for medical assistance under State plans under this title and among individuals who have been determined to be eligible for child health assistance or other health benefits under a State child health plan under title XXI.''.

(b) Application to the State Children's Health Insurance Program.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended--

(1) by redesignating subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively; and

(2) by inserting after subparagraph (C) the following new subparagraph:

``(D) Section 1902(a)(74) (relating to an incentive program for the reduction or elimination of the use of tobacco products).''.

(1) In general.--Except as provided in paragraph (2), the amendments made by this section take effect on October 1, 2009.

(2) Extension of effective date for state law amendment.--In the case of a State plan under title XIX or a State child health plan under XXI of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

______

SA 1267. Mr. CHAMBLISS (for himself and Mr. Roberts) submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 907 of the Federal Food, Drug, and Cosmetic Act (as added by section 101(b)(3) of title I of division A), add the following:

``(f) Pesticides.--Nothing in this section affects the authority of the Administrator of the Environmental Protection Agency to regulate pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).''.

______

SA 1268. Mr. CHAMBLISS (for himself and Mr. Roberts) submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the end of chapter IX of the Federal Food, Drug, and Cosmetic Act (as added by section 101(b)(3) of title I of division A), add the following:

``SEC. 920. PESTICIDES.

``Nothing in this chapter affects the authority of the Administrator of the Environmental Protection Agency to regulate pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).''.

______

SA 1269. Mr. BAYH (for himself, Ms. Murkowski, Mr. Burris, Mr. Lieberman, Mr. Warner, Mr. Webb, Mr. Nelson of Nebraska, and Mr. Begich) submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

DIVISION_--NURSE FACULTY LOAN REPAYMENT PROGRAM

SEC. 1. SHORT TITLE.

This division may be cited as the ``Nurses' Higher Education and Loan Repayment Act of 2009''.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The Health Resources and Services Administration estimates there is currently a shortage of more than 200,000 registered nurses nationwide and projects the shortage will grow to more than 1,000,000 nurses by 2020, 36 percent less than needed to meet demand for nursing care.

(2) The shortage of qualified nursing faculty is the primary factor driving the inability of nursing schools to graduate more registered nurses to meet the Nation's growing workforce demand.

(3) There continues to be strong interest on the part of young Americans to enter the nursing field. The National League for Nursing estimates that 88,000 qualified applications, or 1 out of every 3 submitted to basic registered nurse programs in 2006, were rejected due to lack of capacity.

(4) The American Association of Colleges of Nursing (in this section referred to as the ``AACN'') estimates that 49,948 applicants were turned away specifically from baccalaureate and graduate schools of nursing in 2008 and over 70 percent of the schools responding to the AACN survey reported a lack of nurse faculty as the number 1 reason for turning away qualified applicants. Likewise, nearly 70 percent of the associate's degree registered nurse programs responding to the most recent American Association of Community Colleges Nursing Survey reported a lack of faculty to teach as the number 1 reason for turning away qualified applicants.

(5) Large numbers of faculty members at schools of nursing in the United States are nearing retirement. According to the AACN, the average age of a nurse faculty member is 55 years old and the average age at retirement is 62.

(6) The current nationwide nurse faculty vacancy rate is estimated to be as high as 7.6 percent, including 814 vacant positions at schools of nursing offering baccalaureate and advanced degrees and, in 2006, as many as 880 in associate's degree programs.

(7) Market forces have created disincentives for individuals qualified to become nurse educators from pursing this career. The average annual salary for an associate professor of nursing with a master's degree is nearly 20 percent less than the average salary for a nurse practitioner with a master's degree, according to the 2007 salary survey by the journal ADVANCE for Nurse Practitioners.

(8) The most recent Health Resources and Services Administration survey data indicates that from a total of more than 2,000,000 registered nurses, only 143,113 registered nurses with a bachelor's degree and only 51,318 registered nurses with an associate's degree have continued their education to earn a master's degree in the science of nursing, the minimum credential necessary to teach in all types of registered nurse programs. The majority of these graduates do not become nurse educators.

(9) Current Federal incentive programs to encourage nurses to become educators are inadequate and inaccessible for many interested nurses.

(10) A broad incentive program must be available to willing and qualified nurses that will provide financial support and encourage them to pursue and maintain a career in nursing education.

SEC. 3. NURSE FACULTY LOAN REPAYMENT PROGRAM.

Part E of title VIII of the Public Health Service Act (42 U.S.C. 297a et seq.) is amended by inserting after section 846A the following new section:

``SEC. 846B. NURSE FACULTY LOAN REPAYMENT PROGRAM.

``(a) Establishment.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with eligible individuals for the repayment of education loans, in accordance with this section, to increase the number of qualified nursing faculty.

``(b) Agreements.--Each agreement entered into under subsection (a) shall require that the eligible individual shall serve as a full-time member of the faculty of an accredited school of nursing for a total period, in the aggregate, of at least 4 years during the 6-year period beginning on the later of--

``(1) the date on which the individual receives a master's or doctorate nursing degree from an accredited school of nursing; or

``(2) the date on which the individual enters into an agreement under subsection (a).

``(c) Agreement Provisions.--Agreements entered into pursuant to subsection (a) shall be entered into on such terms and conditions as the Secretary may determine, except that--

``(1) not more than 300 days after the date on which the 6-year period described under subsection (b) begins, but in no case before the individual starts as a full-time member of the faculty of an accredited school of nursing, the Secretary shall begin making payments, for and on behalf of that individual, on the outstanding principal of, and interest on, any loan the individual obtained to pay for such degree;

``(2) for an individual who has completed a master's degree in nursing--

``(A) payments may not exceed $10,000 per calendar year; and

``(B) total payments may not exceed $40,000; and

``(3) for an individual who has completed a doctorate degree in nursing--

``(A) payments may not exceed $20,000 per calendar year; and

``(B) total payments may not exceed $80,000.

``(d) Breach of Agreement.--

``(1) In general.--In the case of any agreement made under subsection (a), the individual is liable to the Federal Government for the total amount paid by the Secretary under such agreement, and for interest on such amount at the maximum legal prevailing rate, if the individual fails to meet the agreement terms required under subsection (b).

``(2) Waiver or suspension of liability.--In the case of an individual making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or suspension of liability under such paragraph if compliance by the individual with the agreement involved is impossible or would involve extreme hardship to the individual or if enforcement of the agreement with respect to the individual would be unconscionable.

``(3) Date certain for recovery.--Subject to paragraph (2), any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the 3-year period beginning on the date the United States becomes so entitled.

``(4) Availability.--Amounts recovered under paragraph (1) shall be available to the Secretary for making loan repayments under this section and shall remain available for such purpose until expended.

``(e) Eligible Individual Defined.--For purposes of this section, the term `eligible individual' means an individual who--

``(1) is a United States citizen, national, or lawful permanent resident;

``(2) holds an unencumbered license as a registered nurse; and

``(3) has either already completed a master's or doctorate nursing program at an accredited school of nursing or is currently enrolled on a full-time or part-time basis in such a program.

``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2010 through 2014 to carry out this Act. Such sums shall remain available until expended.

``(g) Sunset.--The provisions of this section shall terminate on December 31, 2020.''.

______

SA 1270. Mr. CORKER submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REIMBURSEMENT OF AUTOMOBILE DISTRIBUTORS.

(a) In General.--Notwithstanding any other provision of law, any funds provided by the United States Government, or any agency, department, or subdivision thereof, to an automobile manufacturer or a distributor thereof as credit, loans, financing, advances, or by any other agreement in connection with such automobile manufacturer's or distributor's proceeding as a debtor under title 11, United States Code, shall be conditioned upon use of such funds to fully reimburse all dealers of such automobile manufacturer or manufacturer's distributor for--

(1) the cost incurred by such dealers in acquisition of all parts and inventory in the dealer's possession as of the date on which the proceeding under title 11, United States Code, by or against the automobile manufacturer or manufacturer's distributor is commenced, on the same basis as if the dealers were terminating pursuant to existing franchise agreements or dealer agreements; and

(2) all other obligations owed by such automobile manufacturer or manufacturer's distributor under any other agreement between the dealers and the automobile manufacturer or manufacturer's distributor, including, without limitation, franchise agreement or dealer agreements.

(b) Inclusion in Terms.--Any note, security agreement, loan agreement, or other agreement between an automobile manufacturer or manufacturer's distributor and the Government

(or any agency, department, or subdivision thereof) shall expressly provide for the use of such funds as required by this section. A bankruptcy court may not authorize the automobile manufacturer or manufacturer's distributor to obtain credit under section 364 of title 11, United States Code, unless the credit agreement or agreements expressly provided for the use of funds as required by this section.

(c) Effectiveness of Rejection.--Notwithstanding any other provision of law, any rejection by an automobile manufacturer or manufacturer's distributor that is a debtor in a proceeding under title 11, United States Code, of a franchise agreement or dealer agreement pursuant to section 365 of that title, shall not be effective until at least 180 days after the date on which such rejection is otherwise approved by a bankruptcy court.

______

SA 1271. Mr. KOHL (for himself, Ms. Snowe, and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division A, add the following:

TITLE __--PREVENT ALL CIGARETTE TRAFFICKING ACT

SEC. __01. SHORT TITLE; PURPOSES.

(a) Short Title.--This title may be cited as the ``Prevent All Cigarette Trafficking Act of 2009'' or ``PACT Act''.

(b) Purposes.--It is the purpose of this title 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 retailers;

(2) create strong disincentives to illegal smuggling of tobacco products;

(3) provide government enforcement officials with more effective enforcement tools to combat tobacco 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 tobacco; and

(6) prevent and reduce youth access to inexpensive cigarettes and smokeless tobacco through illegal Internet or contraband sales.

SEC. __02. COLLECTION OF STATE CIGARETTE AND SMOKELESS

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 title as the ``Jenkins Act''), is amended by striking the first section and inserting the following:

``SECTION 1. DEFINITIONS; RULE OF CONSTRUCTION.

``(a) Definitions.--As used in this Act, the following definitions apply:

``(1) Attorney general.--The term `attorney general', with respect to a State, means the attorney general or other chief law enforcement officer of the State.

``(2) Cigarette.--

``(A) In general.--The term `cigarette'--

``(i) has the meaning given that term in section 2341 of title 18, United States Code; and

``(ii) includes roll-your-own tobacco (as defined in section 5702 of the Internal Revenue Code of 1986).

``(B) Exception.--The term `cigarette' does not include a cigar (as defined in section 5702 of the Internal Revenue Code of 1986).

``(3) Common carrier.--The term `common carrier' means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise (regardless of whether the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided) between a port or place and a port or place in the United States.

``(4) Consumer.--The term `consumer'--

``(A) means any person that purchases cigarettes or smokeless tobacco; and

``(B) does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco.

``(5) 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 the 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 to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco.

``(6) Delivery seller.--The term `delivery seller' means a person who makes a delivery sale.

``(7) Indian country.--The term `Indian country'--

``(A) has the meaning given that term in section 1151 of title 18, United States Code, except that within the State of Alaska that term applies only to the Metlakatla Indian Community, Annette Island Reserve; and

``(B) includes any other land held by the United States in trust or restricted status for one or more Indian tribes.

``(8) 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 Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).

``(9) Interstate commerce.--The term `interstate commerce' means commerce between a State and any place outside the State, commerce between a State and any Indian country in the State, or commerce between points in the same State but through any place outside the State or through any Indian country.

``(10) Person.--The term `person' means an individual, corporation, company, association, firm, partnership, society, State government, local government, Indian tribal government, governmental organization of such a government, or joint stock company.

``(11) 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.

``(12) Smokeless tobacco.--The term `smokeless tobacco' means any finely cut, ground, powdered, or leaf tobacco, or other product containing tobacco, that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted.

``(13) 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, locality, or tribe, respectively.

``(14) Use.--The term `use' includes the consumption, storage, handling, or disposal of cigarettes or smokeless tobacco.

``(b) Rule of Construction.--For purposes of this Act, a sale, shipment, or transfer of cigarettes or smokeless tobacco that is made in interstate commerce, as defined herein, shall be deemed to have been made into the State, place, or locality in which such cigarettes or smokeless tobacco are delivered.''.

(b) Reports to State Tobacco Tax Administrators.--Section 2 of the Jenkins Act (15 U.S.C. 376) is amended--

(1) by striking ``cigarettes'' each place it appears and inserting ``cigarettes or smokeless tobacco'';

(2) in subsection (a)--

(A) in the matter preceding paragraph (1)--

(i) by inserting ``Contents.--'' after ``(a)'';

(ii) by striking ``or transfers'' and inserting ``, transfers, or ships'';

(iii) by inserting ``, locality, or Indian country of an Indian tribe'' after ``a State'';

(iv) by striking ``to other than a distributor licensed by or located in such State,''; and

(v) by striking ``or transfer and shipment'' and inserting

``, transfer, or shipment'';

(B) in paragraph (1)--

(i) by striking ``with the tobacco tax administrator of the State'' and inserting ``with the Attorney General of the United States and with the tobacco tax administrators of the State and place''; and

(ii) by striking ``; and'' and inserting the following: ``, as well as telephone numbers for each place of business, a principal electronic mail address, any website addresses, and the name, address, and telephone number of an agent in the State authorized to accept service on behalf of the person;'';

(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 relating 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 invoice filed with a State under paragraph (2), also file copies of the memorandum or invoice with the tobacco tax administrators and chief law enforcement 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 Evidence.--'' after ``(b)'';

(B) by striking ``(1) that'' and inserting ``that''; and

(4) by adding at the end the following:

``(c) Use of Information.--A tobacco tax administrator or chief law enforcement officer who receives a memorandum or invoice under paragraph (2) or (3) of subsection (a) shall use the memorandum or invoice 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 confidential any personal information in the memorandum or invoice except as required for such purposes.''.

``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 subsection

(b);

``(2) the recordkeeping requirements set forth in subsection (c);

``(3) all State, local, tribal, and other laws generally applicable to sales of cigarettes or smokeless tobacco as if the delivery sales occurred entirely within the specific State and place, including laws imposing--

``(A) excise taxes;

``(B) licensing and tax-stamping requirements;

``(C) restrictions on sales to minors; and

``(D) other payment obligations or legal requirements 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 shipping package containing cigarettes or smokeless tobacco, 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 address, a clear and conspicuous statement providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING OBLIGATIONS'.

``(2) Failure to label.--Any shipping package described in paragraph (1) that is not labeled in accordance with that paragraph shall be treated as nondeliverable matter by a common carrier or other delivery service, if the common carrier or other delivery service knows or should know the package contains cigarettes or smokeless tobacco. If a common carrier or other delivery service believes a package is being submitted for delivery in violation of paragraph (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 contents.

``(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 person under the minimum age required for the legal sale or purchase of tobacco products, 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 applicable 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 accept delivery of the shipping container to provide proof, in the form of a valid, government-issued identification bearing a photograph of the individual, 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--

``(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 database or aggregate of databases, consisting primarily of data from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and authentication, to ensure 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.--

``(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), organized by the State, and within the State, by the city or town and by zip code, into which the delivery sale is so made.

``(2) Record retention.--Records of a delivery sale shall be kept as described in paragraph (1) until the end of the 4th full calendar year that begins after the date of the delivery sale.

``(3) Access for officials.--Records kept under paragraph

(1) shall be made available to tobacco tax administrators of the States, to local governments and Indian tribes that apply local or tribal taxes on cigarettes or smokeless tobacco, to the attorneys general of the States, to the chief law enforcement officers of the local governments and Indian tribes, and to the Attorney General of the United States 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 paragraph (2), no delivery seller may sell or deliver to any consumer, or tender to any common carrier or other delivery service, any cigarettes or smokeless tobacco pursuant to a delivery sale unless, in advance of the sale, delivery, or tender--

``(A) any cigarette or smokeless tobacco excise 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 government 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 the 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 requires or otherwise provides that delivery sellers collect 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.

``(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 of the United States shall compile a list of delivery sellers of cigarettes or smokeless tobacco that have not registered with the Attorney General of the United States 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, including the United States Postal Service; and

``(III) any other person that the Attorney General of the United States determines can promote the effective enforcement of this Act; and

``(ii) publicize and make the list available to any other person engaged in the business of interstate deliveries or who delivers cigarettes or smokeless tobacco in or into any State.

``(B) List contents.--To the extent known, the Attorney General of the United States shall include, for each delivery seller on the list described in subparagraph (A)--

``(i) all names the delivery seller uses or has used in the transaction of its business or on packages delivered to customers;

``(ii) all addresses from which the delivery seller does or has done business, or ships or has shipped cigarettes or smokeless 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 of the United States determines would facilitate compliance with this subsection by recipients of the list.

``(C) Updating.--The Attorney General of the United States shall update and distribute the list described in subparagraph (A) 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 recipients with access to the list through a nonpublic website that the Attorney General of the United States regularly updates.

``(D) State, local, or tribal additions.--The Attorney General of the United States shall include in the list described in subparagraph (A) any noncomplying delivery sellers identified by any State, local, or tribal government under paragraph (6), and shall distribute the list to the attorney general or chief law enforcement official and the tax administrator of any government submitting any such information, and to any common carriers or other persons who deliver small packages to consumers identified by any government pursuant to paragraph (6).

``(E) Accuracy and completeness of list of noncomplying delivery sellers.--In preparing and revising the list described in subparagraph (A), the Attorney General of the United States shall--

``(i) use reasonable procedures to ensure maximum possible accuracy and completeness of the records and information relied on for the purpose of determining that a delivery seller is not in compliance with this Act;

``(ii) not later than 14 days before including a delivery seller on the list, make a reasonable attempt to send notice to the delivery seller by letter, electronic mail, or other means that the delivery seller is being placed on the list, which shall cite the relevant provisions of this Act and the specific reasons for which the delivery seller is being placed on the list;

``(iii) provide an opportunity to the delivery seller to challenge placement on the list;

``(iv) investigate each challenge described in clause (iii) by contacting the relevant Federal, State, tribal, and local law enforcement officials, and provide the specific findings and results of the investigation to the delivery seller not later than 30 days after the date on which the challenge is made; and

``(v) if the Attorney General of the United States determines that the basis for including a delivery seller on the list is inaccurate, based on incomplete information, or cannot be verified, promptly remove the delivery seller from the list as appropriate and notify each appropriate Federal, State, tribal, and local authority of the determination.

``(F) Confidentiality.--The list described in subparagraph

(A) shall be confidential, and any person receiving the list shall maintain the confidentiality of the list and 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. Nothing in this section shall prohibit a common carrier, the United States Postal Service, or any other person receiving the list from discussing with a listed delivery seller the inclusion of the delivery seller on the list and the resulting effects on any services requested by the 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 described in paragraph (1)(A), no person who receives the list under paragraph (1), and no person who delivers cigarettes or smokeless tobacco to consumers, 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 smokeless tobacco;

``(ii) the delivery is made to a person lawfully engaged in the business of manufacturing, distributing, or selling cigarettes or smokeless tobacco; or

``(iii) the package being delivered weighs more than 100 pounds and the person 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 described in paragraph (1)(A), all recipients and all common carriers or other persons that deliver cigarettes or smokeless tobacco to consumers shall be subject to subparagraph (A) in regard to the corrections or updates.

``(3) Exemptions.--

``(A) In general.--Subsection (b)(2) and any requirements or restrictions placed directly on common carriers under this subsection, including subparagraphs (A) and (B) of paragraph

(2), shall not apply to a common carrier that--

``(i) is subject to a settlement agreement described in subparagraph (B); or

``(ii) if a settlement agreement described in subparagraph

(B) to which the common carrier is a party is terminated or otherwise becomes inactive, is administering and enforcing policies and practices throughout the United States that are at least as stringent as any such agreement.

``(B) Settlement agreement.--A settlement agreement described in this subparagraph--

``(i) is a settlement agreement relating to tobacco product deliveries to consumers; and

``(ii) includes--

``(I) the Assurance of Discontinuance entered into by the Attorney General of New York and DHL Holdings USA, Inc. and DHL Express (USA), Inc. on or about July 1, 2005, the Assurance of Discontinuance entered into by the Attorney General of New York and United 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, if each of those agreements is honored throughout the United States to block illegal deliveries of cigarettes or smokeless tobacco to consumers; and

``(II) any other active agreement between a common carrier and a State that operates throughout the United States to ensure that no deliveries of cigarettes or smokeless tobacco shall be made to consumers or 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.

``(4) Shipments from persons on list.--

``(A) In general.--If a common carrier or other delivery service delays or interrupts the delivery of a package in the possession of the common carrier or delivery service because the common carrier or delivery service determines or has reason to believe that the person ordering the delivery is on a list described in paragraph (1)(A) and that clauses (i),

(ii), and (iii) of paragraph (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 completed; and

``(II) if the package is not deliverable, any reasonable additional fee or charge levied by the common carrier or other delivery service to cover any 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 period of 5 years, any records kept in the ordinary course of business relating to any delivery interrupted under this paragraph and provide that information, upon request, to the Attorney General of the United States or to the attorney general or chief law enforcement official or tax administrator of any State, local, or tribal government.

``(C) Confidentiality.--Any person receiving records under subparagraph (B) shall--

``(i) use the 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

``(ii) keep confidential any personal information in the records not otherwise required for such purposes.

``(5) 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 relating 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 delivery by requiring the person who signs to accept delivery of the shipping container to provide proof, in the form of a valid, government-issued identification bearing a photograph of the individual, that the person is at least the minimum age required for the legal sale or purchase of tobacco products, as determined by either State or local law at the place of delivery;

``(ii) requiring that the common carrier or other delivery service obtain a signature from the consumer accepting the delivery;

``(iii) requiring that the common carrier 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, notice, or markings; or

``(v) prohibiting common carriers or other delivery services from making deliveries on the basis of whether the delivery seller is or is not identified on any list of delivery sellers maintained and distributed by any entity other than the Federal Government.

``(B) Relationship to other laws.--Except as provided in subparagraph (C), nothing in this paragraph shall be construed to nullify, 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.--

``(i) In general.--Except as provided in clause (ii), 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 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.

``(ii) Exemptions.--No State may enforce against a common carrier a law prohibiting the delivery of cigarettes or other tobacco products to individual consumers or personal residences without proof that the common carrier is not exempt under paragraph (3) of this subsection.

``(6) State, local, and tribal additions.--

``(A) In general.--Any State, local, or tribal government shall provide the Attorney General of the United States with--

``(i) all known names, addresses, website addresses, and other primary contact information of any delivery seller that--

``(I) offers for sale or makes sales of cigarettes or smokeless tobacco in or into the State, locality, or tribal land; and

``(II) has failed to register with or make reports to the respective tax administrator as required by this Act, or that has been found in a legal proceeding to have otherwise failed to comply with this Act; and

``(ii) a list of common carriers and other persons who make deliveries of cigarettes or smokeless tobacco in or into the State, locality, or tribal land.

``(B) Updates.--Any government providing a list to the Attorney General of the United States under subparagraph (A) shall also provide updates and corrections every 4 months until such time as the government notifies the Attorney General of the United States in writing that the government no longer desires to submit information to supplement the list described in paragraph (1)(A).

``(C) Removal after withdrawal.--Upon receiving written notice that a government no longer desires to submit information under subparagraph (A), the Attorney General of the United States shall remove from the list described in paragraph (1)(A) any persons that are on the list solely because of the prior submissions of the government of the list of the government of noncomplying delivery sellers of cigarettes or smokeless tobacco or a subsequent update or correction by the government.

``(7) Deadline to incorporate additions.--The Attorney General of the United States shall--

``(A) include any delivery seller identified and submitted by a State, local, or tribal government under paragraph (6) in any list or update 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 of the United States; and

``(B) distribute any list or update described in subparagraph (A) 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 (6).

``(8) Notice to delivery sellers.--Not later than 14 days before including any delivery seller on the initial list described in paragraph (1)(A), or on an update to the list for the first time, the Attorney General of the United States shall make a reasonable attempt to send notice to the delivery seller by letter, electronic mail, or other means that the delivery seller is being placed on the list or update, with that notice citing the relevant provisions of this Act.

``(9) Limitations.--

``(A) In general.--Any common carrier or other person making a delivery subject to this subsection shall not be required or otherwise obligated to--

``(i) determine whether any list distributed or made available under paragraph (1) is complete, accurate, or up-to-date;

``(ii) determine whether a person ordering a delivery is in compliance with this Act; or

``(iii) open or inspect, pursuant to this Act, any package being delivered to determine its contents.

``(B) Alternate names.--Any common carrier or other person making a delivery subject to this subsection--

``(i) shall not be required to make any inquiries or otherwise determine whether a person ordering a delivery is a delivery seller on the list described in paragraph (1)(A) who is using a different name or address in order to evade the related delivery restrictions; and

``(ii) shall not knowingly deliver any packages to consumers for any delivery seller on the list described in paragraph (1)(A) who the common carrier or other delivery service knows is a delivery seller who is on the list and is using a different name or 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 described in paragraph (1)(A);

``(ii) refusing, as a matter of regular practice and procedure, to make any deliveries, or any deliveries in certain States, of any cigarettes or smokeless tobacco for any person or for any person not in the business of manufacturing, distributing, or selling cigarettes or smokeless tobacco; or

``(iii) delaying or not making a delivery for any person because of reasonable efforts to comply with this Act.

``(D) Other limits.--Section 2 and subsections (a), (b),

(c), and (d) of this section shall not be interpreted to impose any responsibilities, requirements, or liability on common carriers.

``(f) Presumption.--For purposes of this Act, a delivery 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 pursuant 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 paragraph (2), whoever knowingly violates this Act shall be imprisoned for 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 government.

``(B) Delivery violations.--A common carrier or independent delivery service, or employee of a common carrier or independent delivery service, shall be subject to criminal penalties 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 delivery seller to violate, or otherwise evading compliance with, section 2A.

``(b) Civil Penalties.--

``(1) In general.--Except as provided in paragraph (3), whoever violates 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 violation; or

``(ii) for any violation, 2 percent of the gross sales of cigarettes or smokeless tobacco of the delivery seller during the 1-year period ending on the date of the violation.

``(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 within 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 criminal penalty under subsection

(a) and any other damages, 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 employee of a common carrier or independent delivery service shall be subject to civil penalties under paragraph (1) for a violation of section 2A(e) only if the violation is committed intentionally--

``(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 delivery 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 independent delivery service has implemented and enforces effective policies and practices for complying with that section; or

``(ii) the violation consists of an employee of the common carrier or independent delivery service who physically receives and processes orders, picks up packages, processes packages, or makes deliveries, 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 independent delivery service described in clause

(i).''.

(e) Enforcement.--The Jenkins Act is amended by striking section 4 and inserting the following:

``SEC. 4. ENFORCEMENT.

``(a) In General.--The United States district courts shall have jurisdiction to prevent and restrain violations of this Act and to provide other appropriate injunctive or equitable relief, including money damages, for the violations.

``(b) Authority of the Attorney General.--The Attorney General of the United States shall administer and enforce this Act.

``(c) State, Local, and Tribal Enforcement.--

``(1) In general.--

``(A) Standing.--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 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 relief.

``(B) Sovereign immunity.--Nothing in this Act shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government or Indian tribe against any unconsented lawsuit under this Act, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government 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 government enforcement actions for violations of this Act to the Attorney General of the United States or a United States attorney, who shall take appropriate actions to enforce 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'. Notwithstanding any other provision of law and subject to subparagraph (B), an amount equal to 50 percent of any criminal and civil penalties collected by the Federal Government in enforcing this Act shall be transferred into the PACT Anti-Trafficking Fund and shall be available to the Attorney General of the United States for purposes of enforcing this Act and other laws relating to contraband tobacco products.

``(B) Allocation of funds.--Of the amount available to the Attorney General of the United States 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 available under this section and section 3 are in addition to any other remedies available under Federal, State, local, tribal, or other law.

``(B) State court proceedings.--Nothing in this Act shall be construed to expand, restrict, or otherwise modify any right of an authorized 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 expand, restrict, or otherwise modify any right of an authorized Indian tribal government official to proceed in tribal court, or take other enforcement actions, on the basis of an alleged violation of tribal law.

``(D) Local government enforcement.--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 enforcement actions, on the basis of an alleged violation 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 export warehouse proprietors) may bring an action in an appropriate United States district court to prevent and restrain violations of this Act by any person other than a State, local, or tribal government.

``(e) Notice.--

``(1) Persons dealing in tobacco products.--Any person who commences a civil action under subsection (d) shall inform the Attorney General of the United States of the action.

``(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 locality or tribe, that commences a civil action under this section should inform the Attorney General of the United States of the action.

``(f) Public Notice.--

``(1) In general.--The Attorney General of the United States shall make available to the public, by posting information on the Internet and by other appropriate means, information regarding all enforcement actions brought by the United States, or reported to the Attorney General of the United States, under this section, including information regarding the resolution of the enforcement actions and how the Attorney General of the United States has responded to referrals of evidence of violations pursuant to subsection

(c)(2).

``(2) Reports to congress.--Not later than 1 year after the date of enactment of the Prevent All Cigarette Trafficking Act of 2009, and every year thereafter until the date that is 5 years after such date of enactment, the Attorney General of the United States shall submit to Congress a report containing the information described in paragraph (1).''.

SEC. __03. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS

NONMAILABLE MATTER.

(a) In General.--Chapter 83 of title 18, United States Code, is amended by inserting after section 1716D the following:

``Sec. 1716E. Tobacco products as nonmailable

``(a) Prohibition.--

``(1) In general.--All cigarettes and smokeless tobacco (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 carried 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 believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph.

``(2) Reasonable cause.--For the purposes of this subsection reasonable cause includes--

``(A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or

``(B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act.

``(b) Exceptions.--

``(1) Cigars.--Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986).

``(2) Geographic exception.--Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii.

``(3) Business purposes.--

``(A) In general.--Subsection (a) shall not apply to tobacco products mailed only--

``(i) 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, distribution, wholesale, export, import, testing, investigation, or research; or

``(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government.

``(B) Rules.--

``(i) In general.--Not later than 180 days after the date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue a final rule which shall establish the standards and requirements that apply to all mailings described in subparagraph (A).

``(ii) Contents.--The final rule issued under clause (i) shall require--

``(I) the United States Postal Service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is a business or government agency permitted to make a mailing under this paragraph;

``(II) the United States Postal Service to ensure that any recipient of an otherwise nonmailable tobacco product sent through the mails under this paragraph is a business or government agency that may lawfully receive the product;

``(III) that any mailing described in subparagraph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery;

``(IV) that the identity of the business or government entity submitting the mailing containing otherwise nonmailable tobacco products for delivery and the identity of the business or government entity receiving the mailing are clearly set forth on the package;

``(V) the United States Postal Service to maintain identifying information described in subclause (IV) during the 3-year period beginning on the date of the mailing and make the information available to the Postal Service, the Attorney General of the United States, and to persons eligible to bring enforcement actions under section 3(d) of the Prevent All Cigarette Trafficking Act of 2009;

``(VI) that any mailing described in subparagraph (A) be marked with a United States Postal Service label or marking that makes it clear to employees of the United States Postal Service that it is a permitted mailing of otherwise nonmailable tobacco products that may be delivered only to a permitted government agency or business and may not be delivered to any residence or individual person; and

``(VII) that any mailing described in subparagraph (A) be delivered only to a verified employee of the recipient business or government agency, who is not a minor and who shall be required to sign for the mailing.

``(C) Definition.--In this paragraph, the term `minor' means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located.

``(4) Certain individuals.--

``(A) In general.--Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer.

``(B) Rules.--

``(ii) Contents.--The final rule issued under clause (i) shall require--

``(I) the United States Postal Service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is the individual identified on the return address label of the package and is not a minor;

``(II) for a mailing to an individual, the United States Postal Service to require the person submitting the otherwise nonmailable tobacco product into the mails as authorized by this paragraph to affirm that the recipient is not a minor;

``(III) that any package mailed under this paragraph shall weigh not more than 10 ounces;

``(IV) that any mailing described in subparagraph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery;

``(V) that a mailing described in subparagraph (A) shall not be delivered or placed in the possession of any individual who has not been verified as not being a minor;

``(VI) for a mailing described in subparagraph (A) to an individual, that the United States Postal Service shall deliver the package only to a recipient who is verified not to be a minor at the recipient address or transfer it for delivery to an Air/Army Postal Office or Fleet Postal Office number designated in the recipient address; and

``(VII) that no person may initiate more than 10 mailings described in subparagraph (A) during any 30-day period.

``(5) Exception for mailings for consumer testing by manufacturers.--

``(A) In general.--Subject to subparagraph (B), subsection

(a) shall not preclude a legally operating cigarette manufacturer or a legally authorized agent of a legally operating cigarette manufacturer from using the United States Postal Service to mail cigarettes to verified adult smoker solely for consumer testing purposes, if--

``(i) the cigarette manufacturer has a permit, in good standing, issued under section 5713 of the Internal Revenue Code of 1986;

``(ii) the package of cigarettes mailed under this paragraph contains not more than 12 packs of cigarettes (240 cigarettes);

``(iii) the recipient does not receive more than 1 package of cigarettes from any 1 cigarette manufacturer under this paragraph during any 30-day period;

``(iv) all taxes on the cigarettes mailed under this paragraph levied by the State and locality of delivery are paid to the State and locality before delivery, and tax stamps or other tax-payment indicia are affixed to the cigarettes as required by law; and

``(v)(I) the recipient has not made any payments of any kind in exchange for receiving the cigarettes;

``(II) the recipient is paid a fee by the manufacturer or agent of the manufacturer for participation in consumer product tests; and

``(III) the recipient, in connection with the tests, evaluates the cigarettes and provides feedback to the manufacturer or agent.

``(B) Limitations.--Subparagraph (A) shall not--

``(i) permit a mailing of cigarettes to an individual located in any State that prohibits the delivery or shipment of cigarettes to individuals in the State, or preempt, limit, or otherwise affect any related State laws; or

``(ii) permit a manufacturer, directly or through a legally authorized agent, to mail cigarettes in any calendar year in a total amount greater than 1 percent of the total cigarette sales of the manufacturer in the United States during the calendar year before the date of the mailing.

``(C) Rules.--

``(ii) Contents.--The final rule issued under clause (i) shall require--

``(I) the United States Postal Service to verify that any person submitting a tobacco product into the mails under this paragraph is a legally operating cigarette manufacturer permitted to make a mailing under this paragraph, or an agent legally authorized by the legally operating cigarette manufacturer to submit the tobacco product into the mails on behalf of the manufacturer;

``(II) the legally operating cigarette manufacturer submitting the cigarettes into the mails under this paragraph to affirm that--

``(aa) the manufacturer or the legally authorized agent of the manufacturer has verified that the recipient is an adult established smoker;

``(bb) the recipient has not made any payment for the cigarettes;

``(cc) the recipient has signed a written statement that is in effect indicating that the recipient wishes to receive the mailings; and

``(dd) the manufacturer or the legally authorized agent of the manufacturer has offered the opportunity for the recipient to withdraw the written statement described in item

(cc) not less frequently than once in every 3-month period;

``(III) the legally operating cigarette manufacturer or the legally authorized agent of the manufacturer submitting the cigarettes into the mails under this paragraph to affirm that any package mailed under this paragraph contains not 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 applied;

``(IV) that any mailing described in subparagraph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery;

``(V) the United States Postal Service to maintain records relating to a mailing described in subparagraph (A) during the 3-year period beginning on the date of the mailing and make the information available to persons enforcing this section;

``(VI) that any mailing described in subparagraph (A) be marked with a United States Postal Service label or marking that makes it clear to employees of the United States Postal Service 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; and

``(VII) the United States Postal Service shall deliver a mailing described in subparagraph (A) only to the named recipient and only after verifying that the recipient is an adult.

``(D) Definitions.--In this paragraph--

``(i) the term `adult' means an individual who is not less than 21 years of age; and

``(ii) the term `consumer testing' 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.

``(6) Federal government agencies.--An agency of the Federal Government involved in the consumer testing of tobacco products solely for public health purposes may mail cigarettes under the same requirements, restrictions, and rules and procedures that apply to consumer testing mailings of cigarettes by manufacturers under paragraph (5), except that the agency shall not 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 seized and forfeited under this subsection shall be destroyed or retained by the Federal Government for the detection or prosecution of crimes or related investigations and then destroyed.

``(d) Additional Penalties.--In addition to any other fines and penalties under this title for violations of this section, any person violating this section shall be subject to an additional civil penalty in the amount equal to 10 times the retail value of the nonmailable cigarettes or smokeless tobacco, including all Federal, State, and local taxes.

``(e) Criminal Penalty.--Whoever knowingly deposits 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 is nonmailable matter under this section shall be fined under this title, imprisoned not more than 1 year, or both.

``(f) Use of Penalties.--There is established a separate account in the Treasury, to be known as the `PACT Postal Service Fund'. Notwithstanding any other provision of law, an amount equal to 50 percent of any criminal fines, civil penalties, or other monetary penalties collected by the Federal Government in enforcing this section shall be transferred into the PACT Postal Service Fund and shall be available to the Postmaster General for the purpose of enforcing this subsection.

``(g) Coordination of Efforts.--The Postmaster General shall cooperate and coordinate efforts to enforce this section with related enforcement activities of any other Federal agency or agency of any State, local, or tribal government, whenever appropriate.

``(h) Actions by State, Local, or Tribal Governments Relating to Certain Tobacco Products.--

``(1) In general.--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 enforcement officer, may in a civil action in a United States district court obtain appropriate relief with respect to a violation of this section. Appropriate relief includes injunctive and equitable relief and damages equal to the amount of unpaid taxes on tobacco products mailed in violation of this section to addressees in that State, locality, or tribal land.

``(2) Sovereign immunity.--Nothing in this subsection shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government or Indian tribe against any unconsented lawsuit under paragraph (1), or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government or Indian tribe.

``(3) Attorney general referral.--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 enforcement officer, may provide evidence of a violation of this section for commercial purposes by any person not subject to State, local, or tribal government enforcement actions for violations of this section to the Attorney General of the United States, who shall take appropriate actions to enforce this section.

``(4) Nonexclusivity of remedies.--The remedies available under this subsection are in addition to any other remedies available under Federal, State, local, tribal, or other law. Nothing in this subsection shall be construed to expand, 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.

``(5) Other enforcement actions.--Nothing in this subsection 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 the State.

``(i) Definition.--In this section, the term `State' has the meaning given that term in section 1716(k).''.

(b) Clerical Amendment.--The table of sections for chapter 83 of title 18 is amended by inserting after the item relating to section 1716D the following:

``1716E. Tobacco products as nonmailable.''.

SEC. __04. 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, Tobacco, Firearms, and Explosives may, during normal business 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 the person under this chapter; or

``(B) any cigarettes or smokeless tobacco kept or stored by the person at the 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 paragraph

(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. __05. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL

MATTERS.

(a) In General.--Nothing in this title or the amendments made by this title shall be construed to amend, modify, or otherwise affect--

(1) any agreements, compacts, or other intergovernmental 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 Indian country;

(2) any State laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection 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 cigarettes and smokeless tobacco by or to Indian tribes, tribal members, tribal enterprises, or in Indian country;

(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; or

(5) any State or local government authority to bring enforcement actions against persons located in Indian country.

(b) Coordination of Law Enforcement.--Nothing in this title or the amendments made by this title shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by 1 or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that--

(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 administration of such laws.

(c) Treatment of State and Local Governments.--Nothing in this title or the amendments made by this title shall be construed to authorize, deputize, or commission States or local governments as instrumentalities of the United States.

(d) Enforcement Within Indian Country.--Nothing in this title or the amendments made by this title shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this title or an amendment made by this title within Indian country.

(e) Ambiguity.--Any ambiguity between the language of this section or its application and any other provision of this title shall be resolved in favor of this section.

(f) Definitions.--In this section--

(1) the term ``Indian country'' has the meaning given that term in section 1 of the Jenkins Act, as amended by this title; and

(2) the term ``tribal enterprise'' means any business enterprise, regardless of whether incorporated or unincorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes.

SEC. __06. ENHANCED CONTRABAND TOBACCO ENFORCEMENT.

(a) Requirements.--The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall--

(1) not later than the end of the 3-year period beginning on the effective date of this title, create a regional contraband tobacco trafficking team in each of New York, New York, the District of Columbia, Detroit, Michigan, Los Angeles, California, Seattle, Washington, and Miami, Florida;

(2) create a Tobacco Intelligence Center to oversee investigations and monitor and coordinate ongoing investigations and to serve as the coordinator for all ongoing tobacco diversion investigations within the Bureau of Alcohol, Tobacco, Firearms, and Explosives, in the United States and, where applicable, with law enforcement organizations around the world;

(3) establish a covert national warehouse for undercover operations; and

(4) create a computer database that will track and analyze information from retail sellers of tobacco products that sell through the Internet or by mail order or make other non-face-to-face sales.

(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) $8,500,000 for each of fiscal years 2010 through 2014.

SEC. __07. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this title shall take effect on the date that is 90 days after the date of enactment of this Act.

(b) BATFE Authority.--The amendments made by section __04 of this title shall take effect on the date of enactment of this Act.

SEC. __08. SEVERABILITY.

If any provision of this title, or any amendment made by this title, or the application thereof to any person or circumstance, is held invalid, the remainder of the title and the application of the title to any other person or circumstance shall not be affected thereby.

SEC. __09. SENSE OF CONGRESS CONCERNING THE PRECEDENTIAL

EFFECT OF THIS TITLE.

It is the sense of Congress that unique harms are associated with online cigarette sales, including problems with verifying the ages of consumers in the digital market and the long-term health problems associated with the use of certain tobacco products. This title was enacted recognizing the longstanding interest of Congress in urging compliance with States' laws regulating remote sales of certain tobacco products to citizens of those States, including the passage of the Jenkins Act over 50 years ago, which established reporting requirements for out-of-State companies that sell certain tobacco products to citizens of the taxing States, and which gave authority to the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce the Jenkins Act. In light of the unique harms and circumstances surrounding the online sale of certain tobacco products, this title is intended to help collect cigarette excise taxes, to stop tobacco sales to underage youth, and to help the States enforce their laws that target the online sales of certain tobacco products only. This title is in no way meant to create a precedent regarding the collection of State sales or use taxes by, or the validity of efforts to impose other types of taxes on, out-of-State entities that do not have a physical presence within the taxing State.

______

SA 1272. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LABELING CHANGES.

Section 505(j) of the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 355(j)) is amended by adding at the end the following:

``(10) If the proposed labeling of a drug that is the subject of an application under this subsection is different from the labeling of the listed drug at the time of approval of the application under this subsection, the drug that is the subject of such application shall, notwithstanding any other provision of this Act, be eligible for approval and shall not be considered misbranded under section 502 if--

``(A) a revision to the labeling of the listed drug has been approved by the Secretary within 60 days of the expiration of the patent or exclusivity period that otherwise prohibited the approval of the drug under this subsection;

``(B) the Secretary has not determined the applicable text of the labeling for the drug that is the subject the application under this subsection at the time of expiration of such patent or exclusivity period;

``(C) the labeling revision described under subparagraph

(A) does not include a change to the `Warnings' section of the labeling;

``(D) the Secretary does not deem that the absence of such revision to the labeling of the drug that is the subject of the application under this subsection would adversely impact the safe use of the drug;

``(E) the sponsor of the application under this subsection agrees to revise the labeling of the drug that is the subject of such application not later than 60 days after the notification of any changes to such labeling required by the Secretary; and

``(F) such application otherwise meets the applicable requirements for approval under this subsection.''.

______

SA 1273. Mr. WEBB submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE__-- AUTOMOBILE VOUCHER PROGRAM

SEC. _01. AUTOMOBILE VOUCHER PROGRAM.

(a) Establishment.--There is established in the National Highway Traffic Safety Administration a voluntary program to be known as the ``Automobile Voucher Program'' through which the Secretary, in accordance with this section and the regulations promulgated under subsection (d), shall--

(1) authorize the issuance of an electronic voucher, subject to the specifications set forth in subsection (c), to offset the purchase price or lease price for a qualifying lease of an automobile manufactured after model year 2006, upon the surrender of an eligible trade-in vehicle to a dealer participating in the Program;

(2) certify dealers for participation in the Program to accept vouchers as provided in this section as partial payment or down payment for the purchase or qualifying lease of an automobile manufactured after model year 2006, offered for sale or lease by that dealer; and

(3) in consultation with the Secretary of the Treasury, make electronic payments to dealers for vouchers accepted by such dealers, in accordance with the regulations promulgated under subsection (d);

(4) in consultation with the Secretary of the Treasury, provide for the payment of rebates to persons who qualify for a rebate under subsection (c)(2); and

(5) in consultation with the Secretary of the Treasury and the Inspector General of the Department of Transportation, establish and provide for the enforcement of measures to prevent and penalize fraud under the Program.

(b) Qualifications for and Value of Vouchers.--

(1) New automobiles.--A $4,000 voucher shall be issued under the Program to offset the purchase price or lease price of a new automobile, upon the surrender of an eligible trade-in vehicle to a dealer participating in the Program.

(2) Used automobiles.--A $3,000 voucher shall be issued under the Program to offset the purchase price or lease price of a used automobile manufactured after model year 2006, upon the surrender of an eligible trade-in vehicle to a dealer participating in the Program.

(1) Limitations.--

(A) General period of eligibility.--A voucher issued under the Program shall be used only for the purchase or qualifying lease of automobiles manufactured after model year 2006 that occur between--

(i) March 30, 2009; and

(ii) the date that is 1 year after the date on which the regulations promulgated under subsection (d) are implemented.

(B) Number of vouchers per person and per trade-in vehicle.--Not more than 1 voucher may be issued for a single person and not more than 1 voucher may be issued for the joint registered owners of a single eligible trade-in vehicle.

(C) No combination of vouchers.--Only 1 voucher issued under the Program may be applied toward the purchase or qualifying lease of an automobile manufactured after model year 2006.

(D) Combination with other incentives permitted.--The availability or use of a Federal, State, or local incentive or a State-issued voucher for the purchase or lease of an automobile manufactured after model year 2006 shall not limit the value or issuance of a voucher under the Program to any person otherwise eligible to receive such a voucher.

(E) No additional fees.--A dealer participating in the program may not charge a person purchasing or leasing an automobile manufactured after model year 2006 any additional fees associated with the use of a voucher under the Program.

(F) Number and amount.--The total number and value of vouchers issued under the Program may not exceed the amounts appropriated for such purpose.

(2) Eligible purchases or leases prior to date of enactment.--If a person purchased or leased a new automobile during the period beginning on March 30, 2009 and ending on the day before the date of the enactment of this Act, the person shall be eligible for a cash rebate equivalent to the amount described in subsection (b)(1) if the person provides proof satisfactory to the Secretary that the person is eligible for such rebate.

(d) Rulemaking.--Notwithstanding the requirements of section 553 of title 5, United States Code, the Secretary shall promulgate final regulations to implement the Program not later than 30 days after the date of the enactment of this Act. Such regulations shall--

(1) provide for a means of certifying dealers for participation in the Program;

(2) establish procedures for the reimbursement of dealers participating in the Program to be made through electronic transfer of funds for both the amount of the vouchers and any reasonable administrative costs incurred by the dealer as soon as practicable but no longer than 10 days after the submission of a voucher for the automobile manufactured after model year 2006 to the Secretary;

(3) allow the dealer to use the voucher in addition to any other rebate or discount offered by the dealer or the manufacturer for the automobile manufactured after model year 2006 and prohibit the dealer from using the voucher to offset any such other rebate or discount;

(4) establish a process by which persons who qualify for a rebate under subsection (c)(2) may apply for such rebate; and

(5) provide for the enforcement of the penalties described in subsection (e).

(e) Anti-Fraud Provisions.--

(1) Violation.--It shall be unlawful for any person to knowingly violate any provision under this section or any regulations issued pursuant to subsection (d).

(2) Penalties.--Any person who commits a violation described in paragraph (1) shall be liable to the United States Government for a civil penalty of not more than

$15,000 for each violation.

(f) Information to Consumers and Dealers.--

(1) In general.--Not later than 30 days after the date of the enactment of this Act, and promptly upon the update of any relevant information, the Secretary shall make available on an Internet Web site and through other means determined by the Secretary information about the Program, including--

(A) how to determine if a vehicle is an eligible trade-in vehicle; and

(B) how to participate in the Program, including how to determine participating dealers.

(2) Public awareness campaign.--The Secretary shall conduct a public awareness campaign to inform consumers about the Program and sources of additional information.

(g) Recordkeeping and Report.--

(1) Database.--The Secretary shall maintain a database of the vehicle identification numbers of all automobile manufactured after model year 2006, which have been purchased or leased under the Program.

(2) Report.--Not later than 60 days after the termination date described in subsection (c)(1)(A)(ii), the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the efficacy of the Program, including--

(A) a description of Program results, including--

(i) the total number and amount of vouchers issued for purchase or lease of automobiles manufactured after model year 2006 by manufacturer (including aggregate information concerning the make, model, model year) and category of automobile;

(ii) aggregate information regarding the make, model, model year, and manufacturing location of vehicles traded in under the Program; and

(iii) the location of sale or lease; and

(B) an estimate of the overall economic and employment effects of the Program.

(h) Exclusion of Vouchers and Rebates From Income.--

(1) Federal programs.--A voucher issued under the Program or a cash rebate issued under subsection (c)(3) shall not be regarded as income and shall not be regarded as a resource for the month of receipt of the voucher or rebate and the following 12 months, for purposes of determining the eligibility of the recipient of the voucher or rebate (or the recipient's spouse or other family or household members) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program.

(2) Taxation.--A voucher issued under the Program or a cash rebate issued under subsection (c)(3) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986.

(i) Definitions.--As used in this section--

(1) the term ``automobile'' means an automobile or a work truck (as such terms are defined in section 32901(a) of title 49, United States Code);

(2) the term ``dealer'' means a person licensed by a State who engages in the sale of new or used automobiles to ultimate purchasers;

(3) the term ``eligible trade-in vehicle'' means an automobile or a work truck (as such terms are defined in section 32901(a) of title 49, United States Code) that was manufactured before model year 2005;

(4) the term ``person'' means an individual, partnership, corporation, business trust, or any organized group of persons;

(5) the term ``Program'' means the Automobile Voucher Program established under this section;

(6) the term ``qualifying lease'' means a lease of an automobile for a period of not less than 5 years;

(7) the term ``Secretary'' means the Secretary of Transportation acting through the National Highway Traffic Safety Administration; and

(8) the term ``vehicle identification number'' means the 17-character number used by the automobile industry to identify individual automobiles.

SEC. _02. REALLOCATION OF APPROPRIATIONS.

From the amounts appropriated under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Director of the Office of Management and Budget may allocate not more than $4,000,000,000 to carry out the Automobile Voucher Program established under this title.

SEC. _03. EMERGENCY DESIGNATION.

For purposes of Senate enforcement, this title is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 403 of S. Con. Res. 13

(111th Congress), the concurrent resolution on the budget for fiscal year 2010.

____________________

SOURCE: Congressional Record Vol. 155, No. 83

“TEXT OF AMENDMENTS” published by Congressional Record on June 4, 2009

More Stories

Trending

Recent Featured Stories

News Archives