§ 2343. Recordkeeping, reporting, and inspection

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–575 § 1 · 92 Stat. 2463

   Enacted · 18 U.S.C. § 2343

   Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2464

   Source evidence

   Code source credit
   Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2464

   Enacted provision · exact public law section
   (1) by striking out “or” at the end of paragraph (2);

2. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XI § 1112(i)(2) · 116 Stat. 2135

   Substituted · 18 U.S.C. § 2343

   Pub. L. 107–296 substituted “Attorney General” for “Secretary” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 107–296 substituted “Attorney General” for “Secretary” wherever appearing.

   Enacted provision · exact public law section
   (2) by striking “Secretary” each place it appears and inserting “Attorney General”.

   Effective date note
   Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

3. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 § 121(g)(1) · 120 Stat. 192

   Substituted · 18 U.S.C. § 2343

   Pub. L. 109–177, § 121(g)(1), substituted “Recordkeeping, reporting, and inspection” for “Recordkeeping and inspection” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 109–177, § 121(g)(1), substituted “Recordkeeping, reporting, and inspection” for “Recordkeeping and inspection” in section catchline.

   Enacted provision · exact public law section
   (1) The section heading for section 2343 of that title is amended to read as follows: “§ 2343. Recordkeeping, reporting, and inspection” .

4. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 § 121(a)(3)(A) · 120 Stat. 192

   1. Substituted · 18 U.S.C. § 2343(a)

      Pub. L. 109–177, § 121(a)(3)(A), (b)(3), (c)(1), in introductory provisions, substituted “10,000, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages,” for “60,000” and, in concluding provisions

   2. Substituted · 18 U.S.C. § 2343(a)

      Pub. L. 109–177, § 121(a)(3)(A), (b)(3), (c)(1), in introductory provisions, substituted “such information as the Attorney General considers appropriate for purposes of enforcement of this chapter, including—” for “only—” and, in concluding provisions

   3. Struck · 18 U.S.C. § 2343(a)

      Pub. L. 109–177, § 121(a)(3)(A), (b)(3), (c)(1), in introductory provisions, struck out “Nothing contained herein shall authorize the Attorney General to require reporting under this section.” at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–177, § 121(a)(3)(A), (b)(3), (c)(1), in introductory provisions, substituted “10,000, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages,” for “60,000” and “such information as the Attorney General considers appropriate for purposes of enforcement of this chapter, including—” for “only—” and, in concluding provisions, struck out “Nothing contained herein shall authorize the Attorney General to require reporting under this section.” at end.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “60,000” and inserting “10,000”; and

5. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 § 121(c)(3) · 120 Stat. 192

   Redesignated · 18 U.S.C. § 2343(b)

   Pub. L. 109–177, § 121(c)(3), added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–177, § 121(c)(3), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (3) by inserting after subsection (a) the following new subsection (b): “(b) Any person, except for a tribal government, who engages in a delivery sale, and who ships, sells, or distributes any quantity in excess of 10,000 cigarettes, or any quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, within a single month, shall submit to the Attorney General, pursuant to rules or regulations prescribed by the Attorney General, a report that sets forth the following: “(1) The person’s beginning and ending inventory of cigarettes and cans or packages of smokeless tobacco (in total) for such month. “(2) The total quantity of cigarettes and cans or packages of smokeless tobacco that the person received within such month from each other person (itemized by name and address). “(3) The total quantity of cigarettes and cans or packages of smokeless tobacco that the person distributed within such month to each person (itemized by name and address) other than a retail purchaser.” ; and

6. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 § 121(a)(3)(B) · 120 Stat. 192

   Substituted · 18 U.S.C. § 2343(b)

   Pub. L. 109–177, § 121(a)(3)(B), substituted “10,000” for “60,000”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–177, § 121(a)(3)(B), substituted “10,000” for “60,000”.

   Enacted provision · exact public law section
   (B) in subsection (b), by striking “60,000” and inserting “10,000”.

7. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 § 121(c)(2) · 120 Stat. 192

   Redesignated · 18 U.S.C. § 2343(c)

   Pub. L. 109–177, § 121(c)(2), redesignated subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–177, § 121(c)(2), redesignated subsec. (b) as (c).

   Enacted provision · exact public law section
   (2) by redesignating subsection (b) as subsection (c);

8. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 § 121(c)(4) · 120 Stat. 192

   Added · 18 U.S.C. § 2343(d)(f)

   Pub. L. 109–177, § 121(c)(4), added subsecs. (d) to (f)

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 109–177, § 121(c)(4), added subsecs. (d) to (f).

   Enacted provision · exact public law section
   (4) by adding at the end the following new subsections: “(d) Any report required to be submitted under this chapter to the Attorney General shall also be submitted to the Secretary of the Treasury and to the attorneys general and the tax administrators of the States from where the shipments, deliveries, or distributions both originated and concluded. “(e) In this section, the term ‘delivery sale’ means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if— “(1) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or “(2) the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco. “(f) In this section, the term ‘interstate commerce’ means commerce between a State and any place outside the State, or commerce between points in the same State but through any place outside the State.” .

9. 2010

   Prevent All Cigarette Trafficking Act of 2009

   Pub. L. 111–154 § 4 · 124 Stat. 1087

   Amended · 18 U.S.C. § 2343(c)

   Pub. L. 111–154 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Upon the consent of any person who ships, sells, or distributes any quantity of cigarettes in excess of 10,000 in a single transaction, or pursuant to a duly issued search warrant, the Attorney General may enter the premises (including places of storage) of such person for the purpose of inspecting any records or information required to be maintained by such person under this chapter, and any cigarettes kept or stored by such person at such premises.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–154 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Upon the consent of any person who ships, sells, or distributes any quantity of cigarettes in excess of 10,000 in a single transaction, or pursuant to a duly issued search warrant, the Attorney General may enter the premises (including places of storage) of such person for the purpose of inspecting any records or information required to be maintained by such person under this chapter, and any cigarettes kept or stored by such person at such premises.”

   Enacted provision · exact public law section
   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 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.” .

11 of 11 references resolved to an enrolled provision