[Congressional Record Volume 155, Number 83 (Thursday, June 4, 2009)]
[Senate]
[Pages S6216-S6228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           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:


[[Page S6217]]


       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,

[[Page S6218]]

     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 
     (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.
       (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--
       (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 ``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
       (C) by inserting after paragraph (73), the following new 
     paragraph:
       ``(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).''.
       (c) Effective Date.--
       (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

[[Page S6219]]

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

[[Page S6220]]

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

[[Page S6221]]

     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
       (C) by striking ``, and (2)'' and all that follows and 
     inserting a period; 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.''.
       (c) Requirements for Delivery Sales.--The Jenkins Act is 
     amended by inserting after section 2 the following:

     ``SEC. 2A. DELIVERY SALES.

       ``(a) In General.--With respect to delivery sales into a 
     specific State and place, each delivery seller shall comply 
     with--
       ``(1) the shipping requirements set forth in 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

[[Page S6222]]

     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.

[[Page S6223]]

       ``(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

[[Page S6224]]

     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.--
       ``(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 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

[[Page S6225]]

     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.

       ``(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.
       ``(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.--
       ``(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 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

[[Page S6226]]

     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,

[[Page S6227]]

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.
       (c) Program Specifications.--
       (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

[[Page S6228]]

     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.

                          ____________________