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H.R.1676
Prevent All Cigarette Trafficking Act of 2009
To prevent tobacco smuggling, to ensure the collection of all tobacco taxes, and for other purposes.
current 111st session of congress
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(c) Purposes- It is the purpose of this Act to--
(5) increase collections of Federal, State, and local excise taxes on cigarettes and smokeless tobacco; and
SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKELESS TOBACCO TAXES
SEC.TION 1. DEFINITIONS.
(2) CIGARETTE-
(B) EXCEPTION- For purposes of this Act, the term ‘cigarette’ does not include a ‘cigar’, as that term is defined in section 5702 of the Internal Revenue Code of 1986.
SEC. 2A. DELIVERY SALES.
(b) Shipping and Packaging-
(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.
SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS NONMAILABLE MATTER.
Sec. 1716E. Tobacco products as nonmailable
(a) Prohibition-
(1) a statement on a publicly available website, or an advertisement, by any person that such person will mail matter which is nonmailable under this section in return for payment; and
(2) the placement of the person on the list created under section 2A(e) of the Jenkins Act.
(b) Exceptions- This section shall not apply to the following:
(1) CIGARS- Cigars (as that term is defined in section 5702(a) of the Internal Revenue Code of 1986).
(4) CERTAIN INDIVIDUALS
(C) The package shall not weigh more than 10 ounces.
SEC. 7. ENHANCED CONTRABAND TOBACCO ENFORCEMENT.
(a) Requirements- The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall--
(1) create 6 regional contraband tobacco trafficking teams over a 3-year period in New York City, Washington DC, Detroit, Los Angeles, Seattle, and Miami,
(2) create a new Tobacco Intelligence Center to oversee investigations and monitor and coordinate ongoing investigations and to serve as a nerve center for all on going tobacco diversion investigations in the United States, and where applicable with law enforcement organizations around the world within the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
(3) establish 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, mail order or make other non face to face sales.
(b) Authorization of Appropriations- The is authorized to be re is authorized to be appropriated to carry out subsection (a) $8,500,000 for each of 5 fiscal years.