text: SECTION 1. COMPLIANCE WITH TARIFF ACT OF 1930.
  
      (a) Definitions.--Section 801 of the Tariff Act of 1930 (19 U.S.C. 
  1681) is amended by adding at the end the following:
              ``(3) Delivery sale.--The term `delivery sale' means any 
          sale of cigarettes or a smokeless tobacco product to a consumer 
          if--
                      ``(A) the consumer submits the order for such sale 
                  by means of a telephone or other method of voice 
                  transmission, the mail, 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 product 
                  is delivered by use of a common carrier, private 
                  delivery service, or the mail, or the seller is not in 
                  the physical presence of the buyer when the buyer 
                  obtains personal possession of the delivered cigarettes 
                  or smokeless tobacco product.
              ``(4) Indian tribe.--The terms `Indian tribe' and `tribal' 
          refer to an Indian tribe as defined in 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).''.
      (b) Inapplicability of Exemptions From Requirements for Entry of 
  Certain Cigarettes and Smokeless Tobacco Products.--Section 802(b)(1) 
  of the Tariff Act of 1930 (19 U.S.C. 1681a(b)(1)) is amended by adding 
  at the end the following new sentence: ``The preceding sentence shall 
  not apply to any cigarettes or smokeless tobacco products sold in 
  connection with a delivery sale.''.
      (c) State Access to Customs Certifications.--Section 802 of that 
  Act is further amended by adding at the end the following new 
  subsection:
      ``(d) State Access to Customs Certifications.--A State, through its 
  Attorney General, shall be entitled to obtain copies of any 
  certification required under subsection (c) directly--
              ``(1) upon request to the agency of the United States 
          responsible for collecting such certification; or
              ``(2) upon request to the importer, manufacturer, or 
          authorized official of such importer or manufacturer.''.
      (d) Enforcement Provisions.--Section 803 of that Act (19 U.S.C. 
  1681b) is amended--
              (1) in subsection (b)--
                      (A) in the first sentence, by inserting before the 
                  period the following: ``, or to any State in which such 
                  tobacco product, cigarette papers, or tube is found''; 
                  and
                      (B) in the second sentence, by inserting ``, or to 
                  any State,'' after ``the United States''; and
              (2) by adding at the end the following new subsection:
      ``(c) Actions by States and Others.--
              ``(1) In general.--Any person who holds a permit under 
          chapter 52 of the Internal Revenue Code of 1986 may bring an 
          action in the United States district courts against any person, 
          other than a State, local, or tribal government, to prevent and 
          restrain violations of this title--
                      ``(A) by that person; or
                      ``(B) by another person controlled by that person.
              ``(2) Relief for state and local governments.--A State, 
          acting through its attorney general, or a local government, 
          acting through its chief law enforcement officer (or a designee 
          thereof), may bring a civil action under this title against any 
          person--
                      ``(A) to prevent and restrain violations of this 
                  title--
                              ``(i) by that person; or
                              ``(ii) by another person controlled by that 
                          person; or
                      ``(B) to obtain any other appropriate relief for 
                  violations of this title--
                              ``(i) by that person, or
                              ``(ii) by another person controlled by that 
                          person,
                  including civil penalties, money damages, and 
                  injunctive or other equitable relief.
              ``(3) Construction generally.--
                      ``(A) In general.--Nothing in this subsection shall 
                  be deemed to abrogate or constitute a waiver of any 
                  sovereign immunity of a State or local government or an 
                  Indian tribe against any unconsented lawsuit under this 
                  title or to otherwise restrict, expand, or modify any 
                  sovereign immunity of a State or local government or an 
                  Indian tribe.
                      ``(B) Construction with other relief.--The remedies 
                  available under this subsection are in addition to any 
                  other remedies available under Federal, State, local, 
                  or other law.
              ``(4) Construction with forfeiture provisions.--Nothing in 
          this subsection shall be construed to require a State to first 
          bring an action under paragraph (2) when pursuing relief under 
          subsection (b).
      ``(d) Construction With State Authorities.--Nothing in this title 
  shall be construed to expand, restrict, or otherwise modify the right 
  of an authorized State official from proceeding in any State court, or 
  taking other enforcement actions, on the basis of alleged violation of 
  State or other law.''.
      (e) Inclusion of Smokeless Tobacco.--
              (1) Sections 802 and 803(a) of that Act (other than the 
          last sentence of section 802(b)(1), as added by subsection (b) 
          of this section) are further amended by inserting ``or 
          smokeless tobacco products'' after ``cigarettes'' each place it 
          appears.
              (2) Section 802 of such Act is further amended--
                      (A) in subsection (a)--
                              (i) in paragraph (1), by inserting ``or 
                          section 4 of the Comprehensive Smokeless 
                          Tobacco Health Education Act of 1986 (15 U.S.C. 
                          4403), as the case may be'' after ``section 7 
                          of the Federal Cigarette Labeling and 
                          Advertising Act (15 U.S.C. 1335a)'';
                              (ii) in paragraph (2), by inserting ``or 
                          section 3 of the Comprehensive Smokeless 
                          Tobacco Health Education Act of 1986 (15 U.S.C. 
                          4402), as the case may be,'' after ``section 4 
                          of the Federal Cigarette Labeling and 
                          Advertising Act (15 U.S.C. 1333)''; and
                              (iii) in paragraph (3), by inserting ``or 
                          section 3(d) of the Comprehensive Smokeless 
                          Tobacco Health Education Act of 1986 (15 U.S.C. 
                          4402(d)), as the case may be,'' after ``section 
                          4(c) of the Federal Cigarette Labeling and 
                          Advertising Act (15 U.S.C. 1333(c))'';
                      (B) in subsection (b)--
                              (i) in the paragraph caption of paragraph 
                          (1), by inserting ``or smokeless tobacco'' 
                          after ``cigarettes''; and
                              (ii) in the paragraph caption of paragraphs 
                          (2) and (3), by inserting ``or smokeless 
                          tobacco'' after ``cigarettes''; and
                      (C) in subsection (c)--
                              (i) in the subsection caption, by inserting 
                          ``or Smokeless Tobacco'' after ``Cigarette'';
                              (ii) in paragraph (1), by inserting ``or 
                          section 4 of the Comprehensive Smokeless 
                          Tobacco Health Education Act of 1986 (15 U.S.C. 
                          4403), as the case may be'' after ``section 7 
                          of the Federal Cigarette Labeling and 
                          Advertising Act (15 U.S.C. 1335a)'';
                              (iii) in paragraph (2)(A), by inserting 
                          ``or section 3 of the Comprehensive Smokeless 
                          Tobacco Health Education Act of 1986 (15 U.S.C. 
                          4402), as the case may be,'' after ``section 4 
                          of the Federal Cigarette Labeling and 
                          Advertising Act (15 U.S.C. 1333)''; and
                              (iv) in paragraph (2)(B), by inserting ``or 
                          section 3(d) of the Comprehensive Smokeless 
                          Tobacco Health Education Act of 1986 (15 U.S.C. 
                          4402(d)), as the case may be'' after ``section 
                          4(c) of the Federal Cigarette Labeling and 
                          Advertising Act (15 U.S.C. 1333(c))''.
              (3) Section 803(b) of that Act, as amended by subsection 
          (d)(1) of this section, is further amended by inserting ``, or 
          any smokeless tobacco product,'' after ``or tube'' the first 
          place it appears.
              (4)(A) The heading of title VIII of such Act is amended by 
          inserting ``AND SMOKELESS TOBACCO'' after ``CIGARETTES''.
              (B) The heading of section 802 of such Act is amended by 
          inserting ``and smokeless tobacco'' after ``cigarettes''.
  
  SEC. 2. APPLICATION OF CIVIL PENALTIES TO RELANDINGS OF TOBACCO 
                PRODUCTS SOLD IN A DELIVERY SALE.
  
      (a) In General.--Section 5761 of the Internal Revenue Code of 1986 
  (relating to civil penalties) is amended by redesignating subsections 
  (d) and (e) as subsections (e) and (f), respectively, and inserting 
  after subsection (c) the following new subsection:
      ``(d) Personal Use Quantities.--
              ``(1) In general.--No quantity of tobacco products other 
          than the quantity referred to in paragraph (2) may be relanded 
          or received as a personal use quantity.
              ``(2) Exception for personal use quantity.--Subsection (c) 
          and section 5754 shall not apply to any person who relands or 
          receives tobacco products in the quantity allowed entry free of 
          tax and duty under chapter 98 of the Harmonized Tariff Schedule 
          of the United States, and such person may voluntarily 
          relinquish to the Secretary at the time of entry any excess of 
          such quantity without incurring the penalty under subsection 
          (c).
              ``(3) Special rule for delivery sales.--
                      ``(A) In general.--Paragraph (2) shall not apply to 
                  any tobacco product sold in connection with a delivery 
                  sale.
                      ``(B) Delivery sale.--For purposes of subparagraph 
                  (A), the term `delivery sale' means any sale of a 
                  tobacco product to a consumer if--
                              ``(i) the consumer submits the order for 
                          such sale by means of a telephone or other 
                          method of voice transmission, the mail, 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
                              ``(ii) the tobacco product is delivered by 
                          use of a common carrier, private delivery 
                          service, or the mail, or the seller is not in 
                          the physical presence of the buyer when the 
                          buyer obtains personal possession of the 
                          tobacco product.''.
      (b) Conforming Amendments.--
              (1) Subsection (c) of section 5761 of such Code is amended 
          by striking the last two sentences.
              (2) Paragraph (1) of section 5754(c) of such Code is 
          amended by striking ``section 5761(c)'' and inserting ``section 
          5761(d)''.
target: Amends the Tariff Act of 1930 to define "delivery sale" of a tobacco product as any sale of cigarettes or a smokeless tobacco product to a consumer if: (1) the consumer submits the purchase order by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the buyer's physical presence when the purchase request or order is made; or (2) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the buyer's physical presence when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product.
  
  
  
  Makes the personal use exemption from tobacco import requirements inapplicable to cigarettes or smokeless tobacco products sold in connection with a delivery sale.
  
  Allows states access to copies of Customs Service certifications required for cigarette imports.
  
  Permits any tobacco product, cigarette papers, or tube found in violation of the Act to be forfeited for destruction to any state in which it is found.
  
  Authorizes persons who hold permits under the Internal Revenue Code concerning tobacco products, cigarette papers, and tubes to bring an action in the U.S. district courts against any person, other than a state, local, or tribal government, to prevent and restrain violations of the Act.
  
  Authorizes state and local governments to bring civil actions for prevention or restraint against persons who violate the Act.
  
  Subjects smokeless tobacco products to the same entry requirements and enforcement mechanisms as apply to certain cigarettes under the Act.
  
  Amends the Internal Revenue Code to impose civil penalties against persons for relanding, except for personal use, tobacco products sold in a delivery sale.
feat_title: To amend the Tariff Act of 1930 and the Internal Revenue Code of 1986 relating to importation of tobacco products.