Prevent All Cigarette Trafficking Act of 2008

To prevent tobacco smuggling, to ensure the collection of all tobacco taxes, and for other purposes.

9/10/2008--Passed House amended. Prevent All Cigarette Trafficking Act of 2008 or the PACT Act - Amends the Jenkins Act to revise provisions governing the collection of taxes on, and trafficking in, cigarettes and smokeless tobacco.
(Sec. 2) Revises the definition of "cigarette" to include roll-your-own tobacco and to exclude cigars. Defines "delivery sale" to mean any sale of cigarettes or smokeless tobacco to a consumer ordered by telephone, the mails, or the Internet or other online service . Redefines "person" to include state, local, and Indian tribal governments. Redefines "use" to include the consumption, storage, handling, or disposal of smokeless tobacco, in addition to cigarettes.
Applies state tobacco tax reporting requirements to:
(1) the sale or advertising for sale of smokeless tobacco products;
(2) persons who ship or transfer cigarettes and smokeless tobacco products; and
(3) the shipment of cigarettes or smokeless tobacco into a locality or Indian country that taxes the sale or use of such products. Requires sellers of tobacco products to file with the Attorney General reports filed with state tobacco tax administrators. Imposes additional information reporting requirements on such sellers, including disclosure of electronic mail addresses, website addresses, and authorized agents for service of process. Limits the use of information received from sellers of tobacco products solely for tax enforcement purposes.
Expands requirements for delivery sales by requiring each delivery seller, with respect to delivery sales into a specific state and place, to:
(1) comply with specified shipping and record-keeping requirements, all state, local, tribal, and other laws generally applicable to sales of cigarettes or smokeless tobacco as if such delivery sales occurred entirely within the specific state and place (including laws imposing excise taxes and licensing and tax-stamping requirements), and specified tax collection requirements;
(2) include on the bill of lading for the shipping package containing cigarettes or smokeless tobacco a clear and conspicuous statement that federal law requires the payment of all applicable excise and sales taxes and compliance with applicable licensing and tax-stamping obligations;
(3) comply with specified weight and age verification requirements; and
(4) keep records of all delivery sales, organized by state, for four years and make such records accessible to state, local, and Indian tribe tax authorities and the Attorney General.
Prohibits the delivery of cigarettes or smokeless tobacco unless the excise tax on such products has been paid and any required stamps or other indicia of payment are properly affixed to the products. Allows an exception for states that require delivery sellers to collect the tax from consumers and remit such tax to state or local tax authorities.
Requires the Attorney General to compile a list of noncompliant delivery sellers of cigarettes and smokeless tobacco and to distribute such list to state attorneys general and tax administrators and common carriers and other couriers, including the U.S. Postal Service. Prohibits the delivery of any package to, or on behalf of, a noncompliant delivery seller without determining that such package does not include cigarettes or smokeless tobacco. Makes a violation of the Jenkins Act a felony (currently, a misdemeanor). Increases civil penalties for violations to the greater of $5,000 for a first violation or $10,000 for any other violation, or two percent of the gross sales of cigarettes or smokeless tobacco for the year before the violation.
Grants U.S. district courts jurisdiction to prevent and restrain violations of this Act and to provide injunctive or equitable relief, including money damages. Empowers the Attorney General to administer and enforce this Act. Authorizes a state attorney general, a local government, an Indian tribe that levies a tax subject to this Act, or a holder of a permit as a manufacturer or importer of tobacco products or as an export warehouse proprietor (permit holder) to bring an action in U.S. district court to prevent and restrain violations of this Act. Authorizes a state attorney general or such a local government or Indian tribe to provide to the Attorney General or a U.S. Attorney 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.
Establishes a PACT Anti-Trafficking Fund into which 50% of criminal and civil penalties collected in enforcing this Act shall be deposited and available to the Attorney General to enforce this Act and other laws relating to contraband tobacco products.
Requires the Attorney General to make information on enforcement actions publicly available (including on the Internet) and to report to Congress annually on such actions.

(Sec. 3) Amends the federal criminal code to treat cigarettes and smokeless tobacco as nonmailable matter and prohibit their deposit into the U.S. mails. Authorizes the U.S. Postal Service to refuse to accept nonmailable tobacco products and to issue cease and desist orders to anyone mailing such products. Imposes civil penalties for failure to comply with such orders. Exempts from such prohibition:
(1) cigars; and
(2) mailings within Alaska or Hawaii; or
(3) mailings for business purposes between legally operating tobacco businesses, and by individuals for noncommercial, nonbusiness, and non-money making purposes.
Requires the seizure and forfeiture of any cigarettes or smokeless tobacco illegally deposited into the U.S. mails. Imposes a criminal penalty for intentionally placing nonmailable tobacco products in the U.S. mails.
Establishes in the Treasury the PACT Postal Service Fund to hold criminal and civil fines for mailing violations. Makes 50% of such fines available to the Postmaster General to enforce mailing restrictions on cigarettes and smokeless tobacco products.
Allows a state, local government, or Indian tribe to obtain appropriate injunctive or equitable relief for violations of such prohibition in a civil action in a U.S. district court.
(Sec. 4) Prohibits a tobacco product manufacturer or importer from selling in, delivering to, or placing for delivery sale in a state that is a party to the Master Settlement Agreement (executed November 23, 1998, by state attorneys general and certain tobacco manufacturers) any cigarette of such a manufacturer that is not in full compliance with the terms of the Model Statute or Qualifying Statute enacted by such state. Grants:
(1) U.S. district courts jurisdiction to prevent and restrain prohibited sales; and
(2) the Attorney General authority to administer and enforce compliance with restrictions on such sales.

(Sec. 5) Authorizes any officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to inspect the premises and records of sellers of cigarettes or smokeless tobacco. Imposes a civil penalty for noncompliance with an ATF inspection or a court order to compel such inspection.

(Sec. 6) Declares that nothing in this Act shall be construed to affect, amend, or modify specified agreements or limitations relating to the collection of taxes on, and related matters regarding, cigarettes or smokeless tobacco sold in Indian country or to inhibit the coordination of law enforcement by states or other jurisdictions, including Indian tribes, with respect to interstate sales or seizures of tobacco products.
(Sec. 7) Expresses the sense of Congress that unique harms are associated with online cigarette sales and that this Act is not intended to create a precedent regarding the collection of other state sales or use taxes by out-of-state entities that do not have a physical presence within the taxing state.
(Sec. 8) Makes provisions of this Act effective 90 days after enactment of this Act, except for provisions relating to ATF authority, which are effective immediately.

(Sec. 9) Provides that the invalidation of any provision of this Act or its application will not affect other provisions of this Act, or its application to any other person or circumstance.

... morehide bill summarySee Full Bill Text

Sponsor

• Rep. Anthony Weiner [D, NY-9]
• and 3 Co-Sponsors
  • Rep. Lloyd Doggett [D, TX-25]
  • Rep. Peter King [R, NY-3]
  • Rep. Lamar Smith [R, TX-21]
  close

Committees

• House Judiciary
• 1 more
  • House Judiciary
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Amendments

This bill has no amendments.

Amendments to H.R.4081

Number	Status	Purpose

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
November 05, 2007		September 10, 2008

Latest Vote

September 10, 2008Roll call number 584 in the House
Question: On Motion to Suspend the Rules and Pass, as Amended: H R 4081 Prevent All Cigarette Trafficking Act of 2007
Required percentage of 'Aye' votes: 2/3 (66%)	Percentage of 'aye' votes: 87%	Result: Passed

Democrats Voting 'Aye'

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Rep. Neil Abercrombie [D, HI-1]
Rep. Gary Ackerman [D, NY-5]
Rep. Thomas Allen [D, ME-1]
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Rep. Michael Arcuri [D, NY-24]
Rep. Brian Baird [D, WA-3]
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Rep. Melissa Bean [D, IL-8]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Rep. Robert Berry [D, AR-1]
Rep. Sanford Bishop [D, GA-2]
Rep. Timothy Bishop [D, NY-1]
Rep. Earl Blumenauer [D, OR-3]
Rep. Dan Boren [D, OK-2]
Rep. Leonard Boswell [D, IA-3]
Rep. Frederick Boucher [D, VA-9]
Rep. F. Allen Boyd [D, FL-2]
Rep. Nancy Boyda [D, KS-2]
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Russ Carnahan [D, MO-3]
Rep. Christopher Carney [D, PA-10]
Rep. André Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Rep. Travis Childers [D, MS-1]
Rep. Yvette Clarke [D, NY-11]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Rep. Artur Davis [D, AL-7]
Rep. Danny Davis [D, IL-7]
Rep. Lincoln Davis [D, TN-4]
Rep. Susan Davis [D, CA-53]
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
Rep. William Delahunt [D, MA-10]
Rep. Rosa DeLauro [D, CT-3]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Joe Donnelly [D, IN-2]
Rep. Michael Doyle [D, PA-14]
Rep. Thomas Edwards [D, TX-17]
Rep. Keith Ellison [D, MN-5]
Rep. Rahm Emanuel [D, IL-5]
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Rep. Bob Etheridge [D, NC-2]
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Rep. Bill Foster [D, IL-14]
Rep. Barney Frank [D, MA-4]
Rep. Gabrielle Giffords [D, AZ-8]
Rep. Kirsten Gillibrand [D, NY-20]
Rep. Barton Gordon [D, TN-6]
Rep. Raymond Green [D, TX-29]
Rep. Al Green [D, TX-9]
Rep. John Hall [D, NY-19]
Rep. Phil Hare [D, IL-17]
Rep. Alcee Hastings [D, FL-23]
Rep. Stephanie Herseth Sandlin [D, SD-0]
Rep. Brian Higgins [D, NY-27]
Rep. Baron Hill [D, IN-9]
Rep. Maurice Hinchey [D, NY-22]
Rep. Mazie Hirono [D, HI-2]
Rep. Tim Holden [D, PA-17]
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Rep. Darlene Hooley [D, OR-5]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. William Jefferson [D, LA-2]
Rep. Eddie Johnson [D, TX-30]
Rep. Henry Johnson [D, GA-4]
Rep. Steve Kagen [D, WI-8]
Rep. Paul Kanjorski [D, PA-11]
Rep. Marcy Kaptur [D, OH-9]
Rep. Patrick Kennedy [D, RI-1]
Rep. Dale Kildee [D, MI-5]
Rep. Carolyn Kilpatrick [D, MI-13]
Rep. Ronald Kind [D, WI-3]
Rep. Ron Klein [D, FL-22]
Rep. Dennis Kucinich [D, OH-10]
Rep. Nicholas Lampson [D, TX-22]
Rep. James Langevin [D, RI-2]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Nita Lowey [D, NY-18]
Rep. Stephen Lynch [D, MA-9]
Rep. Tim Mahoney [D, FL-16]
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
Rep. James Marshall [D, GA-8]
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McDermott [D, WA-7]
Rep. James McGovern [D, MA-3]
Rep. Mike McIntyre [D, NC-7]
Rep. Jerry McNerney [D, CA-11]
Rep. Michael McNulty [D, NY-21]
Rep. Kendrick Meek [D, FL-17]
Rep. Gregory Meeks [D, NY-6]
Rep. Charles Melancon [D, LA-3]
Rep. Michael Michaud [D, ME-2]
Rep. George Miller [D, CA-7]
Rep. R. Bradley Miller [D, NC-13]
Rep. Harry Mitchell [D, AZ-5]
Rep. Alan Mollohan [D, WV-1]
Rep. Dennis Moore [D, KS-3]
Rep. Gwen Moore [D, WI-4]
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
Rep. Patrick Murphy [D, PA-8]
Rep. Jerrold Nadler [D, NY-8]
Rep. Richard Neal [D, MA-2]
Rep. David Obey [D, WI-7]
Rep. John Olver [D, MA-1]
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Donald Payne [D, NJ-10]
Rep. Ed Perlmutter [D, CO-7]
Rep. Earl Pomeroy [D, ND-0]
Rep. David Price [D, NC-4]
Rep. Nick Rahall [D, WV-3]
Rep. Laura Richardson [D, CA-37]
Rep. Ciro Rodriguez [D, TX-23]
Rep. Mike Ross [D, AR-4]
Rep. Steven Rothman [D, NJ-9]
Rep. C.A. Dutch Ruppersberger [D, MD-2]
Rep. Timothy Ryan [D, OH-17]
Rep. Linda Sanchez [D, CA-39]
Rep. Loretta Sanchez [D, CA-47]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Rep. Adam Schiff [D, CA-29]
Rep. Allyson Schwartz [D, PA-13]
Rep. David Scott [D, GA-13]
Rep. Robert Scott [D, VA-3]
Rep. Joe Sestak [D, PA-7]
Rep. Carol Shea-Porter [D, NH-1]
Rep. Brad Sherman [D, CA-27]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Rep. Ike Skelton [D, MO-4]
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Rep. Victor Snyder [D, AR-2]
Rep. Zackary Space [D, OH-18]
Rep. Jackie Speier [D, CA-12]
Rep. John Spratt [D, SC-5]
Rep. Fortney Stark [D, CA-13]
Rep. Bart Stupak [D, MI-1]
Rep. Betty Sutton [D, OH-13]
Rep. John Tanner [D, TN-8]
Rep. Ellen Tauscher [D, CA-10]
Rep. Gene Taylor [D, MS-4]
Rep. Bennie Thompson [D, MS-2]
Rep. C. Michael Thompson [D, CA-1]
Rep. John Tierney [D, MA-6]
Rep. Edolphus Towns [D, NY-10]
Rep. Niki Tsongas [D, MA-5]
Rep. Mark Udall [D, CO-2]
Rep. Tom Udall [D, NM-3]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Maxine Waters [D, CA-35]
Rep. Diane Watson [D, CA-33]
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Rep. Robert Wexler [D, FL-19]
Rep. Charles Wilson [D, OH-6]
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Rep. John Yarmuth [D, KY-3]

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Republicans Voting 'Aye'

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Rep. Robert Aderholt [R, AL-4]
Rep. W. Todd Akin [R, MO-2]
Rep. Rodney Alexander [R, LA-5]
Rep. Michele Bachmann [R, MN-6]
Rep. Spencer Bachus [R, AL-6]
Rep. James Barrett [R, SC-3]
Rep. Roscoe Bartlett [R, MD-6]
Rep. Judy Biggert [R, IL-13]
Rep. Gus Bilirakis [R, FL-9]
Rep. Rob Bishop [R, UT-1]
Rep. Roy Blunt [R, MO-7]
Rep. John Boehner [R, OH-8]
Rep. Jo Bonner [R, AL-1]
Rep. Mary Bono Mack [R, CA-45]
Rep. John Boozman [R, AR-3]
Rep. Charles Boustany [R, LA-7]
Rep. Kevin Brady [R, TX-8]
Rep. Henry Brown [R, SC-1]
Rep. Virginia Brown-Waite [R, FL-5]
Rep. Vern Buchanan [R, FL-13]
Rep. Michael Burgess [R, TX-26]
Rep. Dan Burton [R, IN-5]
Rep. Ken Calvert [R, CA-44]
Rep. David Camp [R, MI-4]
Rep. Christopher Cannon [R, UT-3]
Rep. Eric Cantor [R, VA-7]
Rep. Shelley Capito [R, WV-2]
Rep. John Carter [R, TX-31]
Rep. Michael Castle [R, DE-0]
Rep. Steven Chabot [R, OH-1]
Rep. Tom Cole [R, OK-4]
Rep. K. Michael Conaway [R, TX-11]
Rep. Ander Crenshaw [R, FL-4]
Rep. Barbara Cubin [R, WY-0]
Rep. John Culberson [R, TX-7]
Rep. Thomas Davis [R, VA-11]
Rep. Geoff Davis [R, KY-4]
Rep. David Davis [R, TN-1]
Rep. Nathan Deal [R, GA-9]
Rep. Charles Dent [R, PA-15]
Rep. Lincoln Diaz-Balart [R, FL-21]
Rep. Mario Diaz-Balart [R, FL-25]
Rep. John Doolittle [R, CA-4]
Rep. Thelma Drake [R, VA-2]
Rep. David Dreier [R, CA-26]
Rep. John Duncan [R, TN-2]
Rep. Vernon Ehlers [R, MI-3]
Rep. Jo Ann Emerson [R, MO-8]
Rep. Philip English [R, PA-3]
Rep. Terry Everett [R, AL-2]
Rep. Mary Fallin [R, OK-5]
Rep. Michael Ferguson [R, NJ-7]
Rep. James Forbes [R, VA-4]
Rep. Jeffrey Fortenberry [R, NE-1]
Rep. Vito Fossella [R, NY-13]
Rep. Virginia Foxx [R, NC-5]
Rep. Trent Franks [R, AZ-2]
Rep. Rodney Frelinghuysen [R, NJ-11]
Rep. Elton Gallegly [R, CA-24]
Rep. E. Scott Garrett [R, NJ-5]
Rep. Jim Gerlach [R, PA-6]
Rep. Wayne Gilchrest [R, MD-1]
Rep. John Gingrey [R, GA-11]
Rep. Louis Gohmert [R, TX-1]
Rep. Virgil Goode [R, VA-5]
Rep. Robert Goodlatte [R, VA-6]
Rep. Kay Granger [R, TX-12]
Rep. Samuel Graves [R, MO-6]
Rep. Ralph Hall [R, TX-4]
Rep. Doc Hastings [R, WA-4]
Rep. Robin Hayes [R, NC-8]
Rep. Dean Heller [R, NV-2]
Rep. Jeb Hensarling [R, TX-5]
Rep. Walter Herger [R, CA-2]
Rep. David Hobson [R, OH-7]
Rep. Peter Hoekstra [R, MI-2]
Rep. Duncan Hunter [R, CA-52]
Rep. Bob Inglis [R, SC-4]
Rep. Darrell Issa [R, CA-49]
Rep. Timothy Johnson [R, IL-15]
Rep. Walter Jones [R, NC-3]
Rep. Jim Jordan [R, OH-4]
Rep. Ric Keller [R, FL-8]
Rep. Peter King [R, NY-3]
Rep. Steve King [R, IA-5]
Rep. Mark Kirk [R, IL-10]
Rep. John Kline [R, MN-2]
Rep. Joseph Knollenberg [R, MI-9]
Rep. John Kuhl [R, NY-29]
Rep. Ray LaHood [R, IL-18]
Rep. Doug Lamborn [R, CO-5]
Rep. Thomas Latham [R, IA-4]
Rep. Steven LaTourette [R, OH-14]
Rep. Robert Latta [R, OH-5]
Rep. Jerry Lewis [R, CA-41]
Rep. Ron Lewis [R, KY-2]
Rep. Frank LoBiondo [R, NJ-2]
Rep. Frank Lucas [R, OK-3]
Rep. Daniel Lungren [R, CA-3]
Rep. Connie Mack [R, FL-14]
Rep. Donald Manzullo [R, IL-16]
Rep. Kenny Marchant [R, TX-24]
Rep. Kevin McCarthy [R, CA-22]
Rep. Michael McCaul [R, TX-10]
Rep. Thaddeus McCotter [R, MI-11]
Rep. John McHugh [R, NY-23]
Rep. Howard McKeon [R, CA-25]
Rep. Cathy McMorris Rodgers [R, WA-5]
Rep. John Mica [R, FL-7]
Rep. Candice Miller [R, MI-10]
Rep. Gary Miller [R, CA-42]
Rep. Jeff Miller [R, FL-1]
Rep. Jerry Moran [R, KS-1]
Rep. Tim Murphy [R, PA-18]
Rep. Marilyn Musgrave [R, CO-4]
Rep. Sue Myrick [R, NC-9]
Rep. Randy Neugebauer [R, TX-19]
Rep. Devin Nunes [R, CA-21]
Rep. Steven Pearce [R, NM-2]
Rep. John Peterson [R, PA-5]
Rep. Thomas Petri [R, WI-6]
Rep. Charles Pickering [R, MS-3]
Rep. Todd Platts [R, PA-19]
Rep. Ted Poe [R, TX-2]
Rep. Jon Porter [R, NV-3]
Rep. Tom Price [R, GA-6]
Rep. Deborah Pryce [R, OH-15]
Rep. Adam Putnam [R, FL-12]
Rep. George Radanovich [R, CA-19]
Rep. James Ramstad [R, MN-3]
Rep. Ralph Regula [R, OH-16]
Rep. Dennis Rehberg [R, MT-0]
Rep. Dave Reichert [R, WA-8]
Rep. Thomas Reynolds [R, NY-26]
Rep. Harold Rogers [R, KY-5]
Rep. Michael Rogers [R, AL-3]
Rep. Michael Rogers [R, MI-8]
Rep. Dana Rohrabacher [R, CA-46]
Rep. Peter Roskam [R, IL-6]
Rep. Ileana Ros-Lehtinen [R, FL-18]
Rep. Edward Royce [R, CA-40]
Rep. Paul Ryan [R, WI-1]
Rep. Bill Sali [R, ID-1]
Rep. Steve Scalise [R, LA-1]
Rep. Jean Schmidt [R, OH-2]
Rep. F. James Sensenbrenner [R, WI-5]
Rep. Peter Sessions [R, TX-32]
Rep. John Shadegg [R, AZ-3]
Rep. Christopher Shays [R, CT-4]
Rep. John Shimkus [R, IL-19]
Rep. William Shuster [R, PA-9]
Rep. Michael Simpson [R, ID-2]
Rep. Christopher Smith [R, NJ-4]
Rep. Lamar Smith [R, TX-21]
Rep. Adrian Smith [R, NE-3]
Rep. Mark Souder [R, IN-3]
Rep. Clifford Stearns [R, FL-6]
Rep. Thomas Tancredo [R, CO-6]
Rep. Lee Terry [R, NE-2]
Rep. William Thornberry [R, TX-13]
Rep. Todd Tiahrt [R, KS-4]
Rep. Patrick Tiberi [R, OH-12]
Rep. Michael Turner [R, OH-3]
Rep. Frederick Upton [R, MI-6]
Rep. Timothy Walberg [R, MI-7]
Rep. Greg Walden [R, OR-2]
Rep. James Walsh [R, NY-25]
Rep. Zach Wamp [R, TN-3]
Rep. David Weldon [R, FL-15]
Rep. Gerald Weller [R, IL-11]
Rep. Edward Whitfield [R, KY-1]
Rep. Addison Wilson [R, SC-2]
Rep. Heather Wilson [R, NM-1]
Rep. Rob Wittman [R, VA-1]
Rep. Frank Wolf [R, VA-10]
Rep. C. W. Bill Young [R, FL-10]

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Others Voting 'Aye'

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Democrats Voting 'Nay'

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Rep. Brad Ellsworth [D, IN-8]
Rep. James Oberstar [D, MN-8]

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Republicans Voting 'Nay'

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Rep. Joe Barton [R, TX-6]
Rep. Paul Broun [R, GA-10]
Rep. John Campbell [R, CA-48]
Rep. Howard Coble [R, NC-6]
Rep. Jeff Flake [R, AZ-6]
Rep. Jack Kingston [R, GA-1]
Rep. Patrick Mchenry [R, NC-10]
Rep. Ronald Paul [R, TX-14]
Rep. John Sullivan [R, OK-1]
Rep. Donald Young [R, AK-0]

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Others Voting 'Nay'

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Democrats Voting 'Abstain'

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Rep. Joe Baca [D, CA-43]
Rep. Xavier Becerra [D, CA-31]
Rep. Dennis Cardoza [D, CA-18]
Rep. Donald Cazayoux [D, LA-6]
Rep. Robert Cramer [D, AL-5]
Rep. Norman Dicks [D, WA-6]
Rep. Charles Gonzalez [D, TX-20]
Rep. Raul Grijalva [D, AZ-7]
Rep. Luis Gutierrez [D, IL-4]
Rep. Jane Harman [D, CA-36]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Paul Hodes [D, NH-2]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. Zoe Lofgren [D, CA-16]
Rep. John Murtha [D, PA-12]
Rep. Grace Napolitano [D, CA-38]
Rep. Solomon Ortiz [D, TX-27]
Rep. Edward Pastor [D, AZ-4]
Rep. Collin Peterson [D, MN-7]
Rep. Charles Rangel [D, NY-15]
Rep. Silvestre Reyes [D, TX-16]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Bobby Rush [D, IL-1]
Rep. John Salazar [D, CO-3]
Rep. José Serrano [D, NY-16]
Rep. Hilda Solis [D, CA-32]
Rep. Nydia Velazquez [D, NY-12]
Rep. Debbie Wasserman Schultz [D, FL-20]

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Republicans Voting 'Abstain'

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Rep. Brian Bilbray [R, CA-50]
Rep. Marsha Blackburn [R, TN-7]
Rep. Stephen Buyer [R, IN-4]
Rep. Tom Feeney [R, FL-24]
Rep. Kenny Hulshof [R, MO-9]
Rep. Samuel Johnson [R, TX-3]
Rep. John Linder [R, GA-7]
Rep. James McCrery [R, LA-4]
Rep. Mike Pence [R, IN-6]
Rep. Joseph Pitts [R, PA-16]
Rep. Rick Renzi [R, AZ-1]
Rep. H. James Saxton [R, NJ-3]
Rep. Lynn Westmoreland [R, GA-3]

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Others Voting 'Abstain'

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See Full Voting History (1 votes)Hide Voting History     Show All Actions (16 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
September 10, 2008	House	H.R.4081 Prevent All Cigarette Trafficking Act of 2008 On Motion to Suspend the Rules and Pass, as Amended: H R 4081 Prevent All Cigarette Trafficking Act of 2007	379	12	Passed	See Vote

All Bill Actions

• Sep 11, 2008: Received in the Senate.
• Passed roll in the House on Sep 10, 2008. On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 379 - 12 (Roll No. 584). (text: CR 9/09/2008 H7918-7924)
• Sep 10, 2008: Considered as unfinished business.
• Sep 09, 2008: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
• Sep 09, 2008: DEBATE - The House proceeded with forty minutes of debate on H.R. 4081.
• Sep 09, 2008: Considered under suspension of the rules.
• Sep 09, 2008: Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
• Added to calendar on Sep 09, 2008: Placed on the Union Calendar, Calendar No. 537..
• Sep 09, 2008: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-836.
• Jul 16, 2008: Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
• Added to calendar on Jul 16, 2008: Ordered to be Reported (Amended) by Voice Vote..
• Jul 16, 2008: Committee Consideration and Mark-up Session Held.
• May 01, 2008: Subcommittee Hearings Held.
• Dec 03, 2007: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
• Nov 05, 2007: Referred to the House Committee on the Judiciary.
• Introduced on Nov 05, 2007.

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Related Bills:

• S.1027

Related Issue Areas:

• Trade
• Tobacco tax
• Tobacco industry
• Telecommunication
• 32 more
• Technology
• Taxation
• State laws
• State and local government
• Smuggling
• Smoking and youth
• Smokeless tobacco
• Sentences (Criminal procedure)
• Searches and seizures
• Postal service
• Local laws
• Law
• Jurisdiction
• Inventories
• Injunctions
• Imports
• Identification devices
• Government publicity
• Government paperwork
• Government information
• Fines (Penalties)
• Federal preemption
• Electronic commerce
• Drug abuse
• Criminal investigation
• Communications
• Cigarettes
• Children
• Business records
• Business
• Age
• Criminal justice

Data from the Congressional Research Service

Users tracking H.R.4081 (2) are also tracking:

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In the News

September 13, 2008 Tar Heel Tally

TOBACCO TRAFFICKING: Voting 379 for and 12 against, the House on Wednesday passed a bill (HR 4081) to crack down on those who sell tobacco products across ...

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Source: News & Observer, NC

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September 13, 2008 House OKs bill to crack down on cross-state tobacco sales

10 passed a bill (HR 4081) to crack down on those who sell tobacco products across state lines without paying state sales taxes. The bill virtually bans the ...

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Source: Greenville Daily Reflector, NC

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September 11, 2008 McHugh: “Do Not Mail Tobacco” Provisions Included in Legislation ...

11 — The House of Representatives passed yesterday evening HR 4081, the Prevent All Cigarette Trafficking Act (PACT), which included the provisions from ...

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Source: Newzjunky.com, NY

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Blog Coverage

September 27, 2008 Act Would Devistate Native American Tobacco Industry

The Prevent All Cigarette Trafficking Act – HR 4081 – was passed by Congress Sept. 10 by a vote of 379 – 12. If the bill is approved by the Senate and signed into law by President George W. Bush, it will prohibit the US Postal Service ...

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Source: Calcis

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September 22, 2008 House Bill to eliminate mail order tobacco trade and effect on ...

Congress passed the Prevent All Cigarette Trafficking Act – (PACT) HR 4081 on September 10. If it becomes law it will prohibit the United States Postal Service from delivering cigarettes and other tobacco products, a move which some say ...

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Source: Native American Law Blog

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September 20, 2008 Swedish Snus: BANNED in the USA????

Because of HR 4081: PACT Act; short for Prevent All Cigarette Trafficking Act of 2008. It's stated purpose is "To prevent tobacco smuggling, to ensure the collection of all tobacco taxes, and for other purposes." On September 10, 2008, ...

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Source: The Unloading Zone

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