Page:United States Statutes at Large Volume 124.djvu/1135

 124 STAT. 1109 PUBLIC LAW 111–154—MAR. 31, 2010 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 avail- able 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 sub- section shall be construed to prohibit an authorized State offi- cial from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of the State. ‘‘(i) DEFINITION.—In this section, the term ‘State’ has the meaning given that term in section 1716(k).’’. (b) CLERICAL AMENDMENT.—The table of sections for chapter 83 of title 18 is amended by inserting after the item relating to section 1716D the following: ‘‘1716E. Tobacco products as nonmailable.’’. SEC. 4. 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 prem- ises 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 inspec- tions 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. 5. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MAT- TERS. (a) IN GENERAL.—Nothing in this Act or the amendments made by this Act 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 15 USC 375 note. Courts.