Page:United States Statutes at Large Volume 124.djvu/1122

124 STAT. 1096 PUBLIC LAW 111–154—MAR. 31, 2010 ‘‘(i) is a settlement agreement relating to tobacco product deliveries to consumers; and ‘‘(ii) includes— ‘‘(I) the Assurance of Discontinuance entered into by the Attorney General of New York and DHL Holdings USA, Inc. and DHL Express (USA), Inc. on or about July 1, 2005, the Assurance of Discontinuance entered into by the Attorney Gen- eral of New York and United Parcel Service, Inc. on or about October 21, 2005, and the Assurance of Compliance entered into by the Attorney Gen- eral of New York and Federal Express Corporation and FedEx Ground Package Systems, Inc. on or about February 3, 2006, if each of those agree- ments is honored throughout the United States to block illegal deliveries of cigarettes or smokeless tobacco to consumers; and ‘‘(II) any other active agreement between a common carrier and a State that operates through- out the United States to ensure that no deliveries of cigarettes or smokeless tobacco shall be made to consumers or illegally operating Internet or mail-order sellers and that any such deliveries to consumers shall not be made to minors or with- out payment to the States and localities where the consumers are located of all taxes on the tobacco products. ‘‘(4) SHIPMENTS FROM PERSONS ON LIST.— ‘‘(A) IN GENERAL.—If a common carrier or other delivery service delays or interrupts the delivery of a pack- age in the possession of the common carrier or delivery service because the common carrier or delivery service determines or has reason to believe that the person ordering the delivery is on a list described in paragraph (1)(A) and that clauses (i), (ii), and (iii) of paragraph (2)(A) do not apply— ‘‘(i) the person ordering the delivery shall be obli- gated to pay— ‘‘(I) the common carrier or other delivery service as if the delivery of the package had been timely completed; and ‘‘(II) if the package is not deliverable, any reasonable additional fee or charge levied by the common carrier or other delivery service to cover any extra costs and inconvenience and to serve as a disincentive against such noncomplying delivery orders; and ‘‘(ii) if the package is determined not to be deliver- able, the common carrier or other delivery service shall offer to provide the package and its contents to a Federal, State, or local law enforcement agency. ‘‘(B) RECORDS.—A common carrier or other delivery service shall maintain, for a period of 5 years, any records kept in the ordinary course of business relating to any delivery interrupted under this paragraph and provide that information, upon request, to the Attorney General of the United States or to the attorney general or chief law Time period.