Summary:
Secret Science Reform Act of 2015

(Sec. 2) This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to prohibit the Environmental Protection Agency (EPA) from proposing, finalizing, or disseminating a covered action unless all scientific and technical information relied on to support such action is the best available science, specifically identified, and publicly available in a manner sufficient for independent analysis and substantial reproduction of research results. A "covered action" includes a risk, exposure, or hazard assessment, criteria document, standard, limitation, regulation, regulatory impact analysis, or guidance.

The EPA must carry out the bill in a manner that does not exceed $1 million per fiscal year.

secret science reform_act sec bill amends environmental research development demonstration authorization act prohibit environmental_protection_agency epa proposing finalizing disseminating covered action scientific technical information relied support action best available science specifically identified publicly available manner sufficient independent analysis substantial reproduction research results covered action includes risk exposure hazard assessment criteria document standard limitation regulation regulatory impact analysis guidance epa carry bill manner exceed million fiscal year


Summary:
Real EPA Impact Reviews Act or the REPAIR Act

This bill requires the Environmental Protection Agency (EPA), when promulgating any rule the cost of which is projected to be greater than $1 million, to include in each of the regulatory impact analyses for the proposed and final rule at least one analysis that does not include: (1) any other proposed rule; or (2) any other rule that has been finalized by the EPA, but that has not been implemented.

real epa impact reviews act repair act bill requires environmental_protection_agency epa promulgating rule cost projected greater million include regulatory impact analyses proposed final rule analysis include proposed rule rule finalized epa implemented


Summary: Family Smoking Prevention and Tobacco Control Act - Title I: Authority of the Food and Drug Administration - (Sec. 101) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA).Defines a tobacco product as any product made or derived from tobacco that is intended for human consumption. Prohibits a tobacco product from being marketed in combination with any other article or product regulated under FFDCA. Requires the Secretary to regulate tobacco products. Excludes from FDA authority: (1) the tobacco leaf that is not in the possession of a tobacco product manufacturer; (2) the producers of the tobacco leaf, unless the producer is also a manufacturer; and (3) tobacco farms.Directs the Secretary to establish within FDA: (1) the Center for Tobacco Products to implement this Act; and (2) an identifiable office to provide technical and other nonfinancial assistance to assist small tobacco product manufacturers in complying with this Act.Deems a tobacco product to be adulterated if: (1) it contains any filthy, putrid, or decomposed substance or is contaminated by any added poisonous or deleterious substance that may render the product injurious to health; (2) it has been prepared, packed, or held under unsanitary conditions; (3) its package is composed of any poisonous or deleterious substance; (4) the manufacturer or importer of the product fails to pay the assessed user fee; (5) it fails to meet specified tobacco product standards; (6) it does not have required premarket review; (7) it fails to meet applicable requirements or conditions on manufacturing, packing, or storage; or (8) it fails to conform to requirements for modified risk tobacco products. Deems a tobacco product to be misbranded if: (1) its labeling, packaging, or advertising contains any false or misleading information; (2) its label or advertising fails to contain all required information displayed prominently and conspicuously, including its established name, manufacturer, and contents and adequate directions and warnings; (3) it was manufactured, prepared, or processed in an establishment not registered with the Secretary; or (4) there is any failure to submit the required information or notices to the Secretary.Allows the Secretary to require prior approval of all label statements on tobacco products.Requires tobacco product manufacturers or importers to submit to the Secretary: (1) a listing of all ingredients, including ingredients added by the manufacturer to the tobacco, paper, or filter, by brand and quantity; (2) a description of the content, delivery, and form of nicotine in each tobacco product; (3) a listing of all constituents, including smoke constituents, identified by the Secretary as harmful or potentially harmful to health in each tobacco product; and (4) all documents developed that relate to the health, toxicological, behavioral, or physiologic effects of tobacco products and their constituents, ingredients, components, and additives.Allows the Secretary to request additional information from a tobacco product manufacturer or importer relating to: (1) research activities or findings on the effects of tobacco products and their constituents and on whether the health risk can be reduced if the manufacturer employs known or available technology; and (2) marketing research or practices used by manufacturers or distributors.Sets forth notifications that manufacturers must make to Secretary regarding any change in a tobacco product. Requires the Secretary to publicly display and annually publish a list (that is understandable and not misleading to a lay person) of harmful or potentially harmful constituents in each tobacco product by brand and quantity.Requires owners and operators of establishments in the United States engaged in the manufacture, preparation, compounding, or processing of a tobacco product to register annually with the Secretary. Allows the Secretary to prescribe a uniform system for the identification of tobacco products, which registrants must use. Requires the Secretary to make such registration information available to the public and to inspect registered establishments every two years.Requires foreign establishments to register and ensure that adequate and effective means are available to determine whether their tobacco products conform with FFDCA requirements.Prohibits the disclosure of privileged or confidential trade secrets and commercial financial information that is obtained by the Secretary.Allows the Secretary to restrict: (1) the sale or distribution of tobacco products if appropriate for the protection of the public health; and (2) the advertising and promotion of tobacco products consistent with, and to the full extent permitted by, the First Amendment. Prohibits restrictions that: (1) limit the sale or distribution of a tobacco product to written or oral authorization by a practitioner licensed to prescribe medicine; (2) prohibit the sale of a tobacco product in face-to-face transactions by a specific category of retail outlets; or (3) establish a minimum age of sale of tobacco products to any person older than 18 years of age.Requires the Secretary to promulgate regulations to prevent the sale and distribution of tobacco products to minors through means other than a direct, face-to-face exchange between a retailer and a consumer.Directs the Secretary to prescribe regulations to protect the public health and assure that tobacco products are in compliance with this Act by requiring good manufacturing practices or hazard analysis and critical control point methodology. Requires the Secretary to: (1) provide a reasonable period for manufacturers to conform to good manufacturing practices; and (2) not require any small tobacco product manufacturer to comply with such regulations for at least four years. Allows the Secretary to grant exemptions and variances from such regulations under certain circumstances.Allows the Secretary to enter into contracts for research, testing, and demonstrations respecting tobacco products and to obtain tobacco products for such purposes.Prohibits a cigarette or any of its components from containing as a constituent or additive any artificial or natural flavor (other than tobacco or menthol) or any herb or spice (including strawberry, grape, orange, clove, cinnamon, and vanilla) that is a characterizing flavor of the tobacco product or tobacco smoke. Prohibits a tobacco product manufactured or imported into the United States from containing foreign grown tobacco that was grown or processed: (1) using a pesticide chemical not approved for domestic tobacco farming and processing; or (2) using an approved pesticide in a manner inconsistent with the labeling for its use in tobacco farming and processing. Allows the Secretary to adopt additional tobacco product standards as appropriate to protect the public health, which may include standards for: (1) reducing nicotine yields; (2) reducing or eliminating other constituents or harmful components; and (3) product testing. Allows the Secretary to amend or revoke a tobacco product standard. Prohibits the Secretary from: (1) banning all cigarettes, all smokeless tobacco products, all little cigars, all cigars other than little cigars, all pipe tobacco, or all roll-your-own tobacco products; or (2) requiring the reduction of nicotine yields of a tobacco product to zero.Requires the Secretary to refer to the Tobacco Products Scientific Advisory Committee for report and recommendation the issue of the impact of the use of menthol in cigarettes on the public health, including such use among African Americans, Hispanics, and other racial and ethnic minorities.Allows the Secretary to notify the public if a tobacco product poses an unreasonable risk of substantial harm to the public health. Requires the Secretary to order a cease in distribution and a recall (after a hearing) of a tobacco product if there is a reasonable probability that it contains a defect not ordinarily contained in tobacco products that would cause serious, adverse health consequences or death.Requires manufacturers and importers to comply with record keeping and reporting requirements established by the Secretary, such as informing the Secretary of any information that reasonably suggests that a marketed tobacco product may have caused or contributed to a serious unexpected adverse experience. Prohibits the Secretary from: (1) imposing unduly burdensome requirements; or (2) requiring that the identity of any patient or user be disclosed unless required for the medical welfare of an individual, to determine risks to the public health, or to verify information. Requires the Secretary to have due regard for the ethics of the medical profession.Directs the Secretary to require prompt notification by manufacturers and importers of any corrective action taken or any removal from the market of a tobacco product to reduce a health risk posed by the product or to remedy a violation of this Act that may present such a risk.Requires premarket approval of all new tobacco products (products not substantially equivalent to an existing tobacco product) commercially marketed after February 15, 2007. Defines "substantially equivalent" as having the same characteristics or having different characteristics but not raising different questions of public health. Sets forth an application process for premarket approval of a new tobacco product, including health information that must be included. Authorizes the Secretary to: (1) allow, prohibit, or restrict distribution of such a tobacco product; and (2) temporarily suspend an application if the probability that continued distribution would cause serious, adverse health consequences or death is greater than that for tobacco products on the market.Prohibits the sale of any modified risk tobacco product unless an order is issued by the Secretary. Defines a "modified risk tobacco product" as any tobacco product that is sold or distributed for use to reduce harm or the risk of tobacco-related diseases associated with commercially marketed tobacco products, specifically products where: (1) the labeling or advertising represents that the product presents a lower risk of tobacco-related disease or is less harmful than other tobacco products, contains a reduced level of or presents a reduced exposure to a substance, or is free of a substance; (2) the labeling or advertising uses descriptors such as "light," "mild," or "low"; or (3) the product manufacturer has taken action reasonably expected to result in consumers believing that the product or its smoke presents a lower risk of disease, is less harmful, presents a reduced exposure, or is free of a substance. Sets forth requirements for filing with the Secretary an application for a modified risk tobacco product.Directs the Secretary to issue an order that a modified risk tobacco product may be commercially marketed only if the Secretary determines that an applicant has demonstrated that such product, as it is actually used by consumers, will: (1) significantly reduce harm and the risk of tobacco-related disease to individual tobacco users; and (2) benefit the health of the population as a whole including users and nonusers of tobacco.Allows the Secretary to issue an order allowing the sale of a tobacco product that may not be commercially marketed as a modified risk tobacco product for five years if certain requirements are met, including that: (1) such order would be appropriate to promote the public health; and (2) issuing such an order is expected to benefit the health of the population as a whole.Requires the Secretary to require that advertising and labeling concerning modified risk tobacco products enable the public to understand the information and its significance in the context of total health and in relation to all of the diseases and health-related conditions associated with the use of tobacco products. Directs the Secretary to require that the results of postmarket surveillance and studies on modified risk tobacco products be submitted annually.Sets forth procedures for the withdrawal of an order allowing commercial distribution of a modified risk tobacco product.Prohibits distributors from taking any action that would reasonably be expected to result in consumers believing that a tobacco product or its smoke may present a lower risk of disease or is less harmful than other tobacco products.Sets forth provisions regarding the judicial review of regulations and denied applications for new tobacco products.Requires the Secretary to require retail establishments for which the predominant business is the sale of tobacco products to comply with advertising restrictions applicable to retail establishments accessible to individuals under the age of 18.Deems any violation of this Act pertaining to advertising to be an unfair or deceptive act or practice under the Federal Trade Commission (FTC) Act. Requires the Chairman of FTC to coordinate with the Secretary concerning enforcement of the FTC Act for the advertisement of cigarettes or smokeless tobacco. Requires the Secretary to consult with the Chairman in revising the label statements and requirements for tobacco products under the FTC Act.Requires the Secretary, acting through the Commissioner of FDA, to promulgate regulations under this Act within two years that require the testing and reporting of tobacco product constituents, ingredients, and additives that the Secretary determines should be tested to protect the public health. Gives the Secretary the authority to conduct or require the testing, reporting, or disclosure of tobacco product constituents.Delays the imposition of such testing regulations on small tobacco product manufacturers. Allows additional such delays under certain circumstances. Sets forth provisions governing testing by such manufacturers.Declares that this Act does not: (1) prohibit federal agencies, states, political subdivisions, or Indian tribes from enacting additional or more stringent measures, except requirements relating to tobacco product standards, premarket review, adulteration, misbranding, labeling, registration, good manufacturing standards, or modified risk tobacco products; (2) prohibit state, tribal, or local taxation of tobacco products; and (3) modify or affect the liability of any person under the product liability laws of any state.Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee to provide advice, information, and recommendations to the Secretary, including on the effects of altering nicotine yields from tobacco products and whether there is a threshold level below which nicotine yields do not produce dependence on the tobacco product involved.Requires the Secretary to consider: (1) designating products for smoking cessation, including nicotine replacement products, as fast track research and approval products; (2) approving the extended use of nicotine replacement products for the treatment of tobacco dependence; and (3) evidence for additional indications for such products.Directs the Secretary to report to Congress on how best to regulate, promote, and encourage the development of innovative products and treatments to better achieve, in a manner that best protects and promotes the public health: (1) total abstinence from tobacco use; (2) reductions in consumption of tobacco; and (3) reductions in the harm associated with continued tobacco use.Requires the Secretary to assess a quarterly user fee on manufacturers and importers of tobacco products based on the class of tobacco product and the company market share to pay for the costs of FDA activities related to the regulation of tobacco products.Requires the Comptroller General to study: (1) the prevalence of youth tobacco use and the brands that individuals under the age of 18 consume; (2) the feasibility of utilizing youth market share to structure user fees; and (3) the potential effects of tobacco marketing to youth audiences if user fees were calculated in whole or in part on youth market share.(Sec. 102) Requires the Secretary to publish a final rule regarding cigarettes and smokeless tobacco that is identical to regulations promulgated by the Secretary on August 28, 1996, that set out restrictions under FFDCA on the sale, distribution, and use of cigarettes and smokeless tobacco that contain nicotine, except for labeling requirements. Sets forth provisions governing the distribution of free samples of cigarettes, smokeless tobacco, or other tobacco products. Limits the effect of specified advisory opinions and prohibits the Secretary and FDA from citing them as binding precedent.(Sec. 103) Adds tobacco related violations to the list of prohibited acts under FFDCA. Prohibits the charitable distribution of tobacco products. Prohibits any statement directed to consumers through the media, labeling, or advertising that: (1) would reasonably be expected to result in consumers believing that the tobacco product is regulated, inspected, or approved by FDA or that the product complies with FDA requirements; and (2) could result in consumers believing that the product is endorsed for use by FDA or in consumers being misled about the harmfulness of the product.Allows the Secretary to impose a no-tobacco-sale order at retail outlets for repeated violations of restrictions on the sale of tobacco products.Requires the Secretary to submit a report to the relevant committees on: (1) the nature, extent, and destination of U.S. tobacco product exports that do not conform to tobacco product standards established under this Act; (2) the public health implications of such exports; and (3) recommendations or assessments of policy alternatives available to reduce any negative public health impact.Sets forth provisions providing for notice of violations to retailers.(Sec. 104) Directs the Secretary to convene an expert panel to study the public health implications of raising the minimum age to purchase tobacco products.(Sec. 105) Directs FTC to study the causes and effects of concentration in the tobacco industry.(Sec. 106) Requires the Secretary to develop an action plan to enforce restrictions on the promotion and advertising of menthol and other cigarettes to youth.Title II: Tobacco Product Warnings; Constituent and Smoke Constituent Disclosure - (Sec. 201) Amends the Federal Cigarette Labeling and Advertising Act to prohibit any person from manufacturing, packaging, selling, offering to sell, distributing, or importing for sale or distribution within the United States any cigarettes the packages of which fail to bear specified warning labels. Specifies the location, size, type size, and color of such labeling.Prohibits tobacco product manufacturers, importers, distributors, or retailers to advertise cigarettes within the United States without specified labeling. Specifies the location, size, type size, color, and border of warning labels for different types of advertisements.(Sec. 202) Allows the Secretary to alter label requirements to promote greater public understanding of the risks associated with the use of tobacco products.(Sec. 203) Allows states or localities to impose specific bans or restrictions on the time, place, and manner, but not the content, of the advertising or promotion of any cigarettes.(Sec. 204) Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to apply the same restrictions on labeling and advertising to smokeless tobacco products.(Sec. 206) Requires the Secretary to determine whether manufacturers should be required to include on the label and advertisements the tar and nicotine yields of the product. Allows the Secretary to require disclosure of the level of constituents in a tobacco product if such disclosures would benefit the public health or increase consumer awareness of the health consequences of the use of tobacco products.Title III: Prevention of Illicit Trade in Tobacco Products - (Sec. 301) Sets forth labeling, inspection, and record keeping requirements to prevent the illicit trade, smuggling, or counterfeiting of tobacco products.Requires a manufacturer or distributor to notify the Attorney General and the Secretary of the Treasury promptly of any knowledge that reasonably supports the conclusion that a tobacco product manufactured or distributed has left its control and may be or has been: (1) imported, exported, distributed, or sold without paying duties or taxes; or (2) diverted for possible illicit marketing. (Sec. 302) Requires the Comptroller General to conduct a study to collect data on cross-border trades and advertising in tobacco products and the health effects resulting from such trades and to make recommendations on monitoring such trades and preventing or eliminating such advertising. Title IV: Thrift Savings Plan Enhancements - (Sec. 401) Thrift Savings Plan Enhancement Act of 2008 - (Sec. 402) Revises requirements for participation in the Thrift Savings Plan (TSP) to require the Federal Retirement Thrift Investment Board to provide regulations for automatic enrollment of new participants to make contributions at the default percentage of basic pay.Requires the Executive Director of the Board, when an election has not been made, to invest TSP funds in the Government Securities Investment Fund (G Fund) or such alternative fund or funds as the Board may designate in the best interests of participants.(Sec. 403) Requires the Board to include in the TSP a qualified Roth contribution program.(Sec. 404) Authorizes the Board to permit the addition of self-directed investment options under TSP if such an addition would be in the best interests of participants. Limits such investment options to: (1) low-cost, passively-managed index funds that offer diversification benefits; and (2) other appropriate retirement investment vehicles.Requires the Board to ensure that any administrative expenses related to the use of the self-directed investment window are borne solely by participants who use such window.Authorizes the Board to establish such other terms and conditions for the self-investment window as the Board considers appropriate to protect the interests of participants, including requirements relating to risk disclosure.(Sec. 405) Sets forth reporting requirements related to the operation of TSP.(Sec. 406) Requires any participant who elects to invest in any investment fund or option other than the G Fund to sign an acknowledgment that the participant is not protected by the government against any loss on such investments and that a return on such investment is not guaranteed by the government. Deems a participant, in the case of a default investment in the G Fund or an alternative fund, to have: (1) elected to invest in such fund; and (2) executed the acknowledgment of risk otherwise required.Provides that a fiduciary shall not be liable and no civil action may be brought against a fiduciary for: (1) providing for the automatic enrollment of a participant; (2) enrolling a participant in a default investment fund; or (3) allowing a participant to invest through the self-directed investment window or establishing restrictions applicable to a participant's ability to invest through such a window.(Sec. 407) Revises provisions governing unused sick leave in computing total service for an annuity.

family smoking prevention tobacco control act title authority food_and_drug_administration sec amends federal food drug cosmetic act ffdca provide regulation tobacco products secretary health_and_human_services food_and_drug_administration tobacco product product derived tobacco intended human consumption prohibits tobacco product marketed combination article product regulated ffdca requires secretary regulate tobacco products excludes fda authority tobacco possession tobacco product manufacturer producers tobacco producer manufacturer tobacco farms directs secretary establish fda center tobacco products implement act identifiable office provide technical nonfinancial assistance assist small tobacco product manufacturers complying act deems tobacco product adulterated contains substance contaminated added poisonous substance render product injurious health prepared packed held conditions package composed poisonous substance manufacturer importer product fails pay assessed user fee fails meet specified tobacco product standards required premarket review fails meet applicable requirements conditions manufacturing packing storage fails conform requirements modified risk tobacco products deems tobacco product misbranded labeling packaging advertising contains false misleading information label advertising fails contain required information displayed prominently conspicuously including established manufacturer contents adequate directions warnings manufactured prepared processed establishment registered secretary failure submit required information notices secretary allows secretary require prior approval label statements tobacco products requires tobacco product manufacturers importers submit secretary listing ingredients including ingredients added manufacturer tobacco paper filter brand quantity description content delivery form nicotine tobacco product listing constituents including smoke constituents identified secretary harmful potentially harmful health tobacco product documents developed relate health behavioral effects tobacco products constituents ingredients components additives allows secretary request additional information tobacco product manufacturer importer relating research activities findings effects tobacco products constituents health risk reduced manufacturer employs known available technology marketing research practices manufacturers distributors sets forth notifications manufacturers secretary change tobacco product requires secretary publicly display annually publish list understandable misleading lay person harmful potentially harmful constituents tobacco product brand quantity requires owners operators establishments united_states engaged manufacture preparation compounding processing tobacco product register annually secretary allows secretary prescribe uniform system identification tobacco products registrants use requires secretary registration information available public inspect registered establishments years requires foreign establishments register ensure adequate effective means available determine tobacco products conform ffdca requirements prohibits disclosure privileged confidential trade secrets commercial financial information obtained secretary allows secretary restrict sale distribution tobacco products appropriate protection public health advertising promotion tobacco products consistent extent permitted amendment prohibits restrictions limit sale distribution tobacco product written oral authorization practitioner licensed prescribe medicine prohibit sale tobacco product face face transactions specific category retail outlets establish minimum age sale tobacco products person older years age requires secretary promulgate regulations prevent sale distribution tobacco products minors means direct face face exchange retailer consumer directs secretary prescribe regulations protect public health assure tobacco products compliance act requiring good manufacturing practices hazard analysis critical control point methodology requires secretary provide reasonable period manufacturers conform good manufacturing practices require small tobacco product manufacturer comply regulations years allows secretary grant exemptions variances regulations certain circumstances allows secretary enter contracts research testing demonstrations respecting tobacco products obtain tobacco products purposes prohibits cigarette components containing constituent additive artificial natural tobacco including orange tobacco product tobacco smoke prohibits tobacco product manufactured imported united_states containing foreign grown tobacco grown processed pesticide chemical approved domestic tobacco farming processing approved pesticide manner inconsistent labeling use tobacco farming processing allows secretary adopt additional tobacco product standards appropriate protect public health include standards reducing nicotine yields reducing eliminating constituents harmful components product testing allows secretary amend revoke tobacco product standard prohibits secretary banning cigarettes smokeless tobacco products little cigars cigars little cigars pipe tobacco roll tobacco products requiring reduction nicotine yields tobacco product zero requires secretary refer tobacco products scientific advisory_committee report recommendation issue impact use cigarettes public health including use african americans racial ethnic minorities allows secretary notify public tobacco product poses unreasonable risk substantial harm public health requires secretary order cease distribution recall hearing tobacco product reasonable probability contains defect ordinarily contained tobacco products cause adverse health consequences death requires manufacturers importers comply record keeping reporting requirements established secretary informing secretary information reasonably suggests marketed tobacco product caused contributed unexpected adverse experience prohibits secretary imposing unduly burdensome requirements requiring identity patient user disclosed required medical welfare individual determine risks public health verify information requires secretary regard ethics medical profession directs secretary require prompt notification manufacturers importers corrective action taken removal market tobacco product reduce health risk posed product remedy violation act present risk requires premarket approval new tobacco products products substantially equivalent existing tobacco product commercially marketed february defines substantially equivalent having characteristics having different characteristics raising different questions public health sets forth application process premarket approval new tobacco product including health information included authorizes secretary allow prohibit restrict distribution tobacco product temporarily suspend application probability continued distribution cause adverse health consequences death greater tobacco products market prohibits sale modified risk tobacco product order issued secretary defines modified risk tobacco product tobacco product sold distributed use reduce harm risk tobacco related diseases associated commercially marketed tobacco products specifically products labeling advertising represents product presents lower risk tobacco related disease harmful tobacco products contains reduced level presents reduced exposure substance free substance labeling advertising uses light low product manufacturer taken action reasonably expected result consumers believing product smoke presents lower risk disease harmful presents reduced exposure free substance sets forth requirements filing secretary application modified risk tobacco product directs secretary issue order modified risk tobacco product commercially marketed secretary determines applicant demonstrated product actually consumers significantly reduce harm risk tobacco related disease individual tobacco users benefit health population including users tobacco allows secretary issue order allowing sale tobacco product commercially marketed modified risk tobacco product years certain requirements met including order appropriate promote public health issuing order expected benefit health population requires secretary require advertising labeling concerning modified risk tobacco products enable public understand information significance context total health relation diseases health related conditions associated use tobacco products directs secretary require results postmarket surveillance studies modified risk tobacco products submitted annually sets forth procedures withdrawal order allowing commercial distribution modified risk tobacco product prohibits distributors taking action reasonably expected result consumers believing tobacco product smoke present lower risk disease harmful tobacco products sets forth provisions judicial review regulations denied applications new tobacco products requires secretary require retail establishments predominant business sale tobacco products comply advertising restrictions applicable retail establishments accessible individuals age violation act pertaining advertising unfair deceptive act practice federal_trade_commission ftc act requires chairman ftc coordinate secretary concerning enforcement ftc act advertisement cigarettes smokeless tobacco requires secretary consult chairman revising label statements requirements tobacco products ftc act requires secretary acting commissioner fda promulgate regulations act years require testing reporting tobacco product constituents ingredients additives secretary determines tested protect public health gives secretary authority conduct require testing reporting disclosure tobacco product constituents delays imposition testing regulations small tobacco product manufacturers allows additional delays certain circumstances sets forth provisions governing testing manufacturers declares act prohibit federal agencies states political subdivisions indian tribes enacting additional stringent measures requirements relating tobacco product standards premarket review adulteration misbranding labeling registration good manufacturing standards modified risk tobacco products prohibit state tribal local taxation tobacco products modify affect liability person product liability laws state requires secretary establish tobacco products scientific advisory_committee provide advice information recommendations secretary including effects altering nicotine yields tobacco products threshold level nicotine yields produce dependence tobacco product involved requires secretary consider designating products smoking cessation including nicotine replacement products fast track research approval products approving extended use nicotine replacement products treatment tobacco dependence evidence additional indications products directs secretary report congress best regulate promote encourage development innovative products treatments better achieve manner best protects promotes public health total abstinence tobacco use reductions consumption tobacco reductions harm associated continued tobacco use requires secretary assess quarterly user fee manufacturers importers tobacco products based class tobacco product company market share pay costs fda activities related regulation tobacco products requires comptroller_general study prevalence youth tobacco use individuals age consume feasibility utilizing youth market share structure user fees potential effects tobacco marketing youth audiences user fees calculated youth market requires secretary publish final rule cigarettes smokeless tobacco identical regulations promulgated secretary august set restrictions ffdca sale distribution use cigarettes smokeless tobacco contain nicotine labeling requirements sets forth provisions governing distribution free samples cigarettes smokeless tobacco tobacco products limits effect specified advisory opinions prohibits secretary fda binding adds tobacco related violations list prohibited acts ffdca prohibits charitable distribution tobacco products prohibits statement directed consumers media labeling advertising reasonably expected result consumers believing tobacco product regulated inspected approved fda product complies fda requirements result consumers believing product endorsed use fda consumers product allows secretary impose tobacco sale order retail outlets repeated violations restrictions sale tobacco products requires secretary submit report relevant committees nature extent destination tobacco product exports conform tobacco product standards established act public health implications exports recommendations assessments policy alternatives available reduce negative public health impact sets forth provisions providing notice violations directs secretary convene expert panel study public health implications raising minimum age purchase tobacco directs ftc study causes effects concentration tobacco requires secretary develop action plan enforce restrictions promotion advertising cigarettes youth title tobacco product warnings constituent smoke constituent disclosure sec amends federal cigarette labeling advertising act prohibit person manufacturing packaging selling offering sell distributing importing sale distribution united_states cigarettes packages fail bear specified warning labels specifies location size type size color labeling prohibits tobacco product manufacturers importers distributors retailers advertise cigarettes united_states specified labeling specifies location size type size color border warning labels different types allows secretary alter label requirements promote greater public understanding risks associated use tobacco allows states localities impose specific bans restrictions time place manner content advertising promotion amends comprehensive smokeless tobacco health education act apply restrictions labeling advertising smokeless tobacco requires secretary determine manufacturers required include label advertisements tar nicotine yields product allows secretary require disclosure level constituents tobacco product disclosures benefit public health increase consumer awareness health consequences use tobacco products title iii prevention illicit trade tobacco products sec sets forth labeling inspection record keeping requirements prevent illicit trade smuggling counterfeiting tobacco products requires manufacturer distributor notify attorney general secretary treasury promptly knowledge reasonably supports conclusion tobacco product manufactured distributed left control imported exported distributed sold paying duties taxes diverted possible illicit marketing sec requires comptroller_general conduct study collect data cross border trades advertising tobacco products health effects resulting trades recommendations monitoring trades preventing eliminating advertising title thrift savings plan enhancements sec thrift savings plan enhancement_act sec revises requirements participation thrift savings plan tsp require federal_retirement_thrift_investment_board provide regulations automatic enrollment new participants contributions default percentage basic pay requires executive director board election invest tsp funds government securities investment fund fund alternative fund funds board designate best interests requires board include tsp qualified roth contribution authorizes board permit addition self directed investment options tsp addition best interests participants limits investment options low cost managed index funds offer diversification benefits appropriate retirement investment vehicles requires board ensure administrative expenses related use self directed investment window borne solely participants use window authorizes board establish terms conditions self investment window board considers appropriate protect interests participants including requirements relating risk sets forth reporting requirements related operation requires participant elects invest investment fund option fund sign acknowledgment participant protected government loss investments return investment guaranteed government deems participant case default investment fund alternative fund elected invest fund executed acknowledgment risk required provides fiduciary shall liable civil action brought fiduciary providing automatic enrollment participant enrolling participant default investment fund allowing participant invest self directed investment window establishing restrictions applicable participant ability invest revises provisions governing unused sick leave computing total service annuity


Summary: Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Provides a civil penalty for each mailing violation.

amends federal postal law cigarettes smokeless tobacco roll tobacco nonmailable requires tobacco products attempted mailed disposed postal_service directs provides civil penalty mailing violation


Summary: Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008 - Amends the Public Health Service Act to set forth conditions for the receipt by states of federal substance abuse prevention and treatment grants. Requires such states to: (1) prohibit a minor from purchasing or receiving a tobacco product or possessing a tobacco product in a public place; and (2) require law enforcement agencies to notify a minor's parent, custodian, or guardian whose name and address is reasonably ascertainable of any such violation. Requires such states to require any person engaged in the business of distributing tobacco products at retail to implement a program to: (1) notify its employees that state law prohibits the sale or distribution of tobacco products to minors and the purchase, receipt, or possession in a public place of a tobacco product by a minor; and (2) ensure compliance with such law. Directs such states to provide for a civil monetary penalty or community service for violations.Requires such states to have established goals for reducing the rate of retailer violations. Allows states to use minors to test compliance under certain conditions. Directs such states to certify expenditure of more than 10% of the funds paid to the state as part of the comprehensive settlement of November 1998 against tobacco manufacturers on health programs, tobacco control and cessation activities, or economic development for tobacco regions.Requires the Secretary of Health and Human Services to provide assistance to states in developing, enacting, and implementing such laws and in setting goals, including by developing model legislative language.

stop adolescent smoking excessive act amends public_health_service_act set forth conditions receipt states federal substance abuse prevention treatment grants requires states prohibit minor purchasing receiving tobacco product possessing tobacco product public place require law enforcement agencies notify minor parent custodian guardian address reasonably violation requires states require person engaged business distributing tobacco products retail implement program notify employees state law prohibits sale distribution tobacco products minors purchase receipt possession public place tobacco product minor ensure compliance law directs states provide civil monetary penalty community service violations requires states established goals reducing rate retailer violations allows states use minors test compliance certain conditions directs states certify expenditure funds paid state comprehensive settlement november tobacco manufacturers health programs tobacco control cessation activities economic development tobacco regions requires secretary health_and_human_services provide assistance states developing enacting implementing laws setting goals including developing model legislative language


Summary: Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Provides a civil penalty for each mailing violation. Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is, for commercial or moneymaking purposes, engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter. Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; (2) impose civil penalties; or (3) obtain other relief.

amends federal postal law cigarettes smokeless tobacco roll tobacco nonmailable requires tobacco products attempted mailed disposed postal_service directs provides civil penalty mailing violation authorizes postal_service evidence satisfactory postal_service person commercial purposes engaged sending matter refuse accept mailing person representative person representative establishes satisfaction postmaster mailing contain matter order person cease desist mailing matter authorizes civil actions states enjoin mailings residents state impose civil penalties obtain relief


Summary: National Cancer Fund Act of 2008 - Amends the Internal Revenue Code to: (1) establish in the Treasury the National Cancer Fund for programs to fight cancer, including for expenditures for cancer research, early detection and treatment, and tobacco cessation; (2) increase the excise tax rate on tobacco products and dedicate increased tax revenues to the Fund; and (3) impose permit, reporting, and recordkeeping requirements on manufacturers of processed tobacco.Amends the Public Health Service Act to: (1) revise the membership and duties of the President's Cancer Panel; and (2) require the Panel to study the feasibility of additional funding sources for the National Cancer Fund.

national cancer fund act amends_the_internal_revenue_code establish treasury national cancer fund programs fight cancer including expenditures cancer research early detection treatment tobacco cessation increase excise tax rate tobacco products dedicate increased tax revenues fund impose permit reporting recordkeeping requirements manufacturers processed tobacco amends public_health_service_act revise membership duties president cancer panel require panel study feasibility additional funding sources national cancer fund


Summary: Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from: (1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products; (2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or (3) establishing a minimum age greater than 18 years of age for product purchases. Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee. Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero. Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Sets forth provisions regarding: (1) judicial review; (2) coordination with the Federal Trade Commission (FTC); (3) congressional review of regulations; and (4) state and local authority. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements. Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.

family smoking prevention tobacco control act_-_amends federal food drug cosmetic act provide regulation tobacco products secretary health_and_human_services food_and_drug_administration including disclosure annual registration inspection recordkeeping user fee requirements sets forth criteria tobacco products deemed adulterated misbranded allows secretary require prior approval label statements allows secretary restrict sale distribution tobacco products including advertising promotion secretary determines regulation appropriate protection public health prohibits regulations limiting product sales distribution authorization practitioner licensed prescribe medical products prohibiting product sales face face transactions specific category retail outlets establishing minimum age greater years age product purchases prohibits cigarettes containing artificial natural tobacco including coffee requires secretary establish tobacco product standards protect public health reserves congress power ban tobacco products reduce nicotine level zero allows secretary specified actions including public notification recall unreasonably harmful products requires premarket approval new tobacco products sets forth standards sale modified risk tobacco products sets forth provisions judicial review coordination federal_trade_commission ftc congressional review regulations state local authority requires secretary establish tobacco products scientific advisory_committee amends federal cigarette labeling advertising act change cigarette warning label advertising requirements amends comprehensive smokeless tobacco health education act change smokeless tobacco warning label advertising requirements


Summary: Help End Addiction to Lethal Tobacco Habits Act or the HEALTH Act - Amends the Federal Cigarette Labeling and Advertising Act and the Smokeless Tobacco Health Education Act of 1986 to make changes to annual reporting requirements relating to ingredients added to tobacco in the manufacture of cigarettes and smokeless tobacco.Requires the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to develop standards and best practices for: (1) the sampling of tobacco, smokeless tobacco, and tobacco products; and (2) accurate measurement and analysis of tobacco constituents.Makes changes to the Surgeon General's Warning on the packages of cigarettes and smokeless tobacco, including the content, size, and location of such warnings.Requires the Secretary of Health and Human Services (the Secretary) to conduct a survey on the usage of tobacco products.Amends the Public Health Service Act to establish an allowance system to reduce the sale of U.S. tobacco products. Amends the Internal Revenue Code to make changes to the excise tax on cigarettes, cigars, and smokeless tobacco. Establishes a classification system for tobacco products based on their level of health risks. Requires the Secretary to establish the Tobacco Risk Classification Panel to make recommendations concerning such classification.Authorizes the Secretary to prohibit the introduction into interstate commerce of any product that contains nicotine if such product has no health benefits.Requires the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to carry out a campaign of counter-advertising with respect to tobacco use.Provides for coverage of tobacco cessation products and programs.

help end addiction lethal tobacco habits act health act_-_amends federal cigarette labeling advertising act smokeless tobacco health education act changes annual reporting requirements relating ingredients added tobacco manufacture cigarettes smokeless tobacco requires secretary commerce acting director national_institute_of_standards_and_technology develop standards best practices sampling tobacco smokeless tobacco tobacco products accurate measurement analysis tobacco constituents makes changes surgeon general warning packages cigarettes smokeless tobacco including content size location warnings requires secretary health_and_human_services secretary conduct survey usage tobacco products amends public_health_service_act establish allowance system reduce sale tobacco products amends_the_internal_revenue_code changes excise tax cigarettes cigars smokeless tobacco establishes classification system tobacco products based level health risks requires secretary establish tobacco risk classification panel recommendations concerning classification authorizes secretary prohibit introduction interstate commerce product contains nicotine product health benefits requires secretary acting administrator substance_abuse_and_mental_health_services_administration carry campaign counter advertising respect tobacco use provides coverage tobacco cessation products programs


Summary: Secondhand Smoke Education and Outreach Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants for: (1) educational campaigns on the health consequences of secondhand smoke in multiunit housing; and (2) projects to demonstrate ways of educating the public about the health consequences of secondhand smoking in public spaces, including public parks, playgrounds, and national parks. Directs the Secretary to award grants for regional or local education programs to provide health care providers and workers with minimum tobacco cessation training as part of their ongoing education. Allows the Secretary to contract, where appropriate, with public health organizations for evaluations of tobacco dependence treatment and educational programs under this Act.

secondhand smoke education outreach act amends public_health_service_act require secretary health_and_human_services acting administrator substance_abuse_and_mental_health_services_administration award grants educational campaigns health consequences secondhand smoke housing projects demonstrate ways educating public health consequences secondhand smoking public spaces including public parks national parks directs secretary award grants regional local education programs provide health_care providers workers minimum tobacco cessation training ongoing education allows secretary contract appropriate public health organizations evaluations tobacco dependence treatment educational programs act


Summary: Truth in Cigarette Labeling Act of 2008 - Prohibits a cigarette manufacturer from making any claims or other representations based on data derived from a cigarette testing method established by the Federal Trade Commission (FTC) before enactment of this Act. Treats any violation as an unfair or deceptive act or practice under the Federal Trade Commission Act and requires enforcement by the FTC.

truth cigarette labeling act prohibits cigarette manufacturer making claims representations based data derived cigarette testing method established federal_trade_commission ftc enactment act treats violation unfair deceptive act practice federal_trade_commission_act requires enforcement ftc


Summary: Division A: Family Smoking Prevention and Tobacco Control Act - Family Smoking Prevention and Tobacco Control Act - Title I: Authority of the Food and Drug Administration - (Sec. 101) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA). Defines a tobacco product as any product made or derived from tobacco that is intended for human consumption. Prohibits a tobacco product from being marketed in combination with any other article or product regulated under FFDCA. Requires the Secretary to regulate tobacco products. Excludes from FDA authority: (1) the tobacco leaf that is not in the possession of a tobacco product manufacturer; (2) the producers of the tobacco leaf, unless the producer is also a manufacturer; and (3) tobacco farms. Directs the Secretary to establish within FDA: (1) the Center for Tobacco Products to implement this Act; and (2) an identifiable office to provide technical and other nonfinancial assistance to assist small tobacco product manufacturers in complying with this Act. Deems a tobacco product to be adulterated if: (1) it contains any filthy, putrid, or decomposed substance or is contaminated by any added poisonous or deleterious substance that may render the product injurious to health; (2) it has been prepared, packed, or held under unsanitary conditions; (3) its package is composed of any poisonous or deleterious substance; (4) the manufacturer or importer of the product fails to pay the assessed user fee; (5) it fails to meet specified tobacco product standards; (6) it does not have required premarket review; (7) it fails to meet applicable requirements or conditions on manufacturing, packing, or storage; or (8) it fails to conform to requirements for modified risk tobacco products. Deems a tobacco product to be misbranded if: (1) its labeling, packaging, or advertising contains any false or misleading information; (2) its label or advertising fails to contain all required information displayed prominently and conspicuously, including its established name, manufacturer, and contents and adequate directions and warnings; (3) it was manufactured, prepared, or processed in an establishment not registered with the Secretary; or (4) there is any failure to submit the required information or notices to the Secretary. Allows the Secretary to require prior approval of all label statements on tobacco products to ensure that such statements: (1) do not violate misbranding provisions; and (2) comply with other provisions of this Act. Requires tobacco product manufacturers or importers to submit to the Secretary: (1) a listing of all ingredients, including ingredients added by the manufacturer to the tobacco, paper, or filter, by brand and quantity; (2) a description of the content, delivery, and form of nicotine in each tobacco product; (3) a listing of all constituents, including smoke constituents, identified by the Secretary as harmful or potentially harmful to health in each tobacco product; and (4) all documents developed that relate to the health, toxicological, behavioral, or physiologic effects of tobacco products and their constituents, ingredients, components, and additives. Allows the Secretary to request additional information from a tobacco product manufacturer or importer relating to: (1) research activities or findings on the effects of tobacco products and their constituents and on whether the health risk can be reduced if the manufacturer employs known or available technology; and (2) marketing research or practices used by manufacturers or distributors. Sets forth notifications that manufacturers must make to the Secretary regarding any change in a tobacco product. Requires the Secretary to publicly display and annually publish a list (that is understandable and not misleading to a lay person) of harmful or potentially harmful constituents in each tobacco product by brand and quantity. Requires owners and operators of establishments in the United States engaged in the manufacture, preparation, compounding, or processing of a tobacco product to register annually with the Secretary. Allows the Secretary to prescribe a uniform system for the identification of tobacco products, which registrants must use. Requires the Secretary to make such registration information available to the public and to inspect registered establishments every two years. Requires foreign establishments to register and ensure that adequate and effective means are available to determine whether their tobacco products conform with FFDCA requirements. Prohibits the disclosure of privileged or confidential trade secrets and commercial financial information that is obtained by the Secretary. Allows the Secretary to restrict: (1) the sale or distribution of tobacco products if appropriate for the protection of the public health; and (2) the advertising and promotion of tobacco products consistent with, and to the full extent permitted by, the First Amendment. Prohibits restrictions that: (1) limit the sale or distribution of a tobacco product to written or oral authorization by a practitioner licensed to prescribe medicine; (2) prohibit the sale of a tobacco product in face-to-face transactions by a specific category of retail outlets; or (3) establish a minimum age of sale of tobacco products to any person older than 18 years of age. Requires the Secretary to promulgate regulations to prevent the sale and distribution of tobacco products to minors through means other than a direct, face-to-face exchange between a retailer and a consumer. Directs the Secretary to prescribe regulations to protect the public health and assure that tobacco products are in compliance with this Act by requiring good manufacturing practices or hazard analysis and critical control point methodology. Requires the Secretary to: (1) provide a reasonable period for manufacturers to conform to good manufacturing practices; and (2) not require any small tobacco product manufacturer to comply with such regulations for at least four years. Allows the Secretary to grant exemptions and variances from such regulations under certain circumstances. Allows the Secretary to enter into contracts for research, testing, and demonstrations respecting tobacco products and to obtain tobacco products for such purposes. Prohibits a cigarette or any of its components from containing as a constituent or additive any artificial or natural flavor (other than tobacco or menthol) or any herb or spice (including strawberry, grape, orange, clove, cinnamon, and vanilla) that is a characterizing flavor of the tobacco product or tobacco smoke. Prohibits a tobacco product manufacturer from using tobacco, including foreign grown tobacco, that contains a pesticide chemical residue at a level greater than any tolerance applicable to domestically grown tobacco. Allows the Secretary to adopt additional tobacco product standards as appropriate to protect the public health, which may include standards for: (1) reducing nicotine yields; (2) reducing or eliminating other constituents or harmful components; and (3) product testing. Allows the Secretary to amend or revoke a tobacco product standard. Prohibits the Secretary from: (1) banning all cigarettes, all smokeless tobacco products, all little cigars, all cigars other than little cigars, all pipe tobacco, or all roll-your-own tobacco products; or (2) requiring the reduction of nicotine yields of a tobacco product to zero. Requires the Secretary to refer to the Tobacco Products Scientific Advisory Committee for report and recommendation the issues of: (1) the impact of the use of menthol in cigarettes on the public health, including such use among children, African Americans, Hispanics, and other racial and ethnic minorities; and (2) the nature and impact of the use of dissolvable tobacco products on the public health, including such use among children. Allows the Secretary to notify the public if a tobacco product poses an unreasonable risk of substantial harm to the public health. Requires the Secretary to order a cease in distribution and a recall (after a hearing) of a tobacco product if there is a reasonable probability that it contains a defect not ordinarily contained in tobacco products that would cause serious, adverse health consequences or death. Requires manufacturers and importers to comply with record keeping and reporting requirements established by the Secretary, such as informing the Secretary of any information that reasonably suggests that a marketed tobacco product may have caused or contributed to a serious unexpected adverse experience. Prohibits the Secretary from: (1) imposing unduly burdensome requirements; or (2) requiring that the identity of any patient or user be disclosed unless required for the medical welfare of an individual, to determine risks to the public health, or to verify information. Requires the Secretary to have due regard for the ethics of the medical profession. Directs the Secretary to require prompt notification by manufacturers and importers of any corrective action taken or any removal from the market of a tobacco product to reduce a health risk posed by the product or to remedy a violation of this Act that may present such a risk. Requires premarket approval of all new tobacco products (products not substantially equivalent to an existing tobacco product) commercially marketed after February 15, 2007. Defines "substantially equivalent" as having the same characteristics or having different characteristics but not raising different questions of public health. Sets forth an application process for premarket approval of a new tobacco product, including health information that must be included. Authorizes the Secretary to: (1) allow, prohibit, or restrict distribution of such a tobacco product; and (2) temporarily suspend an application if the probability that continued distribution would cause serious, adverse health consequences or death is greater than that for tobacco products on the market. Prohibits the sale of any modified risk tobacco product unless an order is issued by the Secretary. Defines a "modified risk tobacco product" as any tobacco product that is sold or distributed for use to reduce harm or the risk of tobacco-related diseases associated with commercially marketed tobacco products, specifically products where: (1) the labeling or advertising represents that the product presents a lower risk of tobacco-related disease or is less harmful than other tobacco products, contains a reduced level of or presents a reduced exposure to a substance, or is free of a substance; (2) the labeling or advertising uses descriptors such as "light," "mild," or "low"; or (3) the product manufacturer has taken action reasonably expected to result in consumers believing that the product or its smoke presents a lower risk of disease, is less harmful, presents a reduced exposure, or is free of a substance. Sets forth requirements for filing with the Secretary an application for a modified risk tobacco product. Directs the Secretary to issue an order that a modified risk tobacco product may be commercially marketed only if the Secretary determines that an applicant has demonstrated that such product, as it is actually used by consumers, will: (1) significantly reduce harm and the risk of tobacco-related disease to individual tobacco users; and (2) benefit the health of the population as a whole including users and nonusers of tobacco. Allows the Secretary to issue an order allowing the sale of a tobacco product that may not be commercially marketed as a modified risk tobacco product for five years if certain requirements are met, including that: (1) such order would be appropriate to promote the public health; and (2) issuing such an order is expected to benefit the health of the population as a whole. Requires the Secretary to require that advertising and labeling concerning modified risk tobacco products enable the public to understand the information and its significance in the context of total health and in relation to all of the diseases and health-related conditions associated with the use of tobacco products. Directs the Secretary to require that the results of postmarket surveillance and studies on modified risk tobacco products be submitted annually. Sets forth procedures for the withdrawal of an order allowing commercial distribution of a modified risk tobacco product. Prohibits distributors from taking any action that would reasonably be expected to result in consumers believing that a tobacco product or its smoke may present a lower risk of disease or is less harmful than other tobacco products. Sets forth provisions regarding the judicial review of regulations and denied applications for new tobacco products. Requires the Secretary to require retail establishments for which the predominant business is the sale of tobacco products to comply with advertising restrictions applicable to retail establishments accessible to individuals under the age of 18. Deems any violation of this Act pertaining to advertising to be an unfair or deceptive act or practice under the Federal Trade Commission (FTC) Act. Requires the Chairman of FTC to coordinate with the Secretary concerning enforcement of the FTC Act for the advertisement of cigarettes or smokeless tobacco. Requires the Secretary to consult with the Chairman in revising the label statements and requirements for tobacco products under the FTC Act. Requires the Secretary, acting through the Commissioner of FDA, to promulgate regulations under this Act within two years that require the testing and reporting of tobacco product constituents, ingredients, and additives that the Secretary determines should be tested to protect the public health. Gives the Secretary the authority to conduct or require the testing, reporting, or disclosure of tobacco product constituents. Delays the imposition of such testing regulations on small tobacco product manufacturers. Allows additional such delays under certain circumstances. Sets forth provisions governing testing by such manufacturers. Declares that this Act does not: (1) prohibit federal agencies, states, political subdivisions, or Indian tribes from enacting additional or more stringent measures, except requirements relating to tobacco product standards, premarket review, adulteration, misbranding, labeling, registration, good manufacturing standards, or modified risk tobacco products; (2) prohibit state, tribal, or local taxation of tobacco products; and (3) modify or affect the liability of any person under the product liability laws of any state. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee to provide advice, information, and recommendations to the Secretary, including on the effects of altering nicotine yields from tobacco products and whether there is a threshold level below which nicotine yields do not produce dependence on the tobacco product involved. Requires the Secretary to consider: (1) designating products for smoking cessation, including nicotine replacement products, as fast track research and approval products; (2) approving the extended use of nicotine replacement products for the treatment of tobacco dependence; and (3) evidence for additional indications for such products. Directs the Secretary to report to Congress on how best to regulate, promote, and encourage the development of innovative products and treatments to better achieve, in a manner that best protects and promotes the public health: (1) total abstinence from tobacco use; (2) reductions in consumption of tobacco; and (3) reductions in the harm associated with continued tobacco use. Requires the Secretary to assess a quarterly user fee on manufacturers and importers of tobacco products based on the class of tobacco product and the company market share to pay for the costs of tobacco regulation activities. Requires that FDA funds (excluding user fees) used before October 1, 2009, on such activities be reimbursed. (Sec. 102) Requires the Secretary to publish a final rule regarding cigarettes and smokeless tobacco that is identical to regulations promulgated by the Secretary on August 28, 1996, that set out restrictions under FFDCA on the sale, distribution, and use of cigarettes and smokeless tobacco that contain nicotine, except for labeling requirements. Sets forth provisions governing the distribution of free samples of cigarettes, smokeless tobacco, or other tobacco products. Limits the effect of specified advisory opinions and prohibits the Secretary and FDA from citing them as binding precedent. (Sec. 103) Adds tobacco related violations to the list of prohibited acts under FFDCA. Prohibits the charitable distribution of tobacco products. Prohibits making any statement or representation directed to consumers in a label or labeling or through the media or advertising of a tobacco product that either conveys, or misleads or would mislead consumers into believing, that: (1) the product is approved by FDA; (2) FDA deems the product to be safe for use by consumers; (3) the product is endorsed by FDA for use by consumers; or (4) the product is safe or less harmful by virtue of its regulation or inspection by FDA or its compliance with regulatory requirements set by FDA. Allows the Secretary to impose a no-tobacco-sale order at retail outlets for repeated violations of restrictions on the sale of tobacco products. Sets forth civil monetary penalties for violations of FFDCA related to tobacco products Requires the Secretary to submit a report to the relevant committees on: (1) the nature, extent, and destination of U.S. tobacco product exports that do not conform to tobacco product standards established under this Act; (2) the public health implications of such exports; and (3) recommendations or assessments of policy alternatives available to reduce any negative public health impact. Sets forth provisions providing for notice of violations to retailers. (Sec. 104) Directs the Secretary to convene an expert panel to study the public health implications of raising the minimum age to purchase tobacco products. (Sec. 105) Requires the Secretary to develop an action plan to enforce restrictions on the promotion and advertising of menthol and other cigarettes to youth. (Sec. 106) Directs the Secretary to report to specified congressional committees on FDA's progress in implementing this Act. Directs the Comptroller General to study and report to such committees on: (1) the adequacy of the authority and resources provided to the Secretary to carry out the goals and purposes of this Act; and (2) any recommendations for strengthening that authority to more effectively protect the public health with respect to the manufacture, marketing, and distribution of tobacco products. Title II: Tobacco Product Warnings; Constituent and Smoke Constituent Disclosure - (Sec. 201) Amends the Federal Cigarette Labeling and Advertising Act to prohibit any person from manufacturing, packaging, selling, offering to sell, distributing, or importing for sale or distribution within the United States any cigarettes the packages of which fail to bear specified warning labels. Specifies the location, size, type size, and color of such labeling. Prohibits tobacco product manufacturers, importers, distributors, or retailers to advertise cigarettes within the United States without specified labeling. Specifies the location, size, type size, color, and border of warning labels for different types of advertisements. Directs the Secretary to issue regulations that require color graphics depicting the negative health consequences of smoking to accompany cigarette label statements. (Sec. 202) Allows the Secretary to alter label requirements to promote greater public understanding of the risks associated with the use of tobacco products. (Sec. 203) Allows states or localities to impose specific bans or restrictions on the time, place, and manner, but not the content, of the advertising or promotion of any cigarettes. (Sec. 204) Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to apply the same restrictions on labeling and advertising to smokeless tobacco products. (Sec. 206) Requires the Secretary to determine whether manufacturers should be required to include on the label and advertisements the tar and nicotine yields of the product. Allows the Secretary to require disclosure of the level of constituents in a tobacco product if such disclosures would benefit the public health or increase consumer awareness of the health consequences of the use of tobacco products. Title III: Prevention of Illicit Trade in Tobacco Products - (Sec. 301) Sets forth labeling, inspection, and record keeping requirements to prevent the illicit trade, smuggling, or counterfeiting of tobacco products. Requires a manufacturer or distributor to notify the Attorney General and the Secretary of the Treasury promptly of any knowledge that reasonably supports the conclusion that a tobacco product manufactured or distributed has left its control and may be or has been: (1) imported, exported, distributed, or sold without paying duties or taxes; or (2) diverted for possible illicit marketing. (Sec. 302) Requires the Comptroller General to conduct a study to collect data on cross-border trades and advertising in tobacco products and the health effects resulting from such trades and to make recommendations on monitoring such trades and preventing or eliminating such advertising. Division B: Federal Retirement Reform Act - Federal Retirement Reform Act of 2009 - Title I: Provisions Relating to Federal Employees Retirement - (Sec. 101) Thrift Savings Plan Enhancement Act of 2009 - Requires the Executive Director of the Federal Retirement Thrift Investment Board to provide for: (1) automatic enrollment in the Thrift Savings Plan (TSP) at a specified default percentage (between 2% and 5%) of basic pay of anyone appointed, transferred, or reappointed to a position in which that individual is eligible to contribute to TSP; and (2) the inclusion in TSP of a qualified Roth contribution program. (Sec. 104) Authorizes the Board to include a mutual fund window under TSP, if such window would be in the best interest of participants. (Sec. 105) Sets forth reporting requirements related to the operation of TSP. (Sec. 106) Requires any participant who elects to invest in any investment fund or option other than the G Fund to sign an acknowledgment that the participant is not protected by the government against any loss on such investments and that a return on such investment is not guaranteed by the government. Provides that a fiduciary shall not be liable and no civil action may be brought against a fiduciary for: (1) providing for the automatic enrollment of a participant; (2) enrolling a participant in a default investment fund; or (3) allowing a participant to invest through the mutual fund window or establishing restrictions applicable to a participant's ability to invest through such a window. (Sec. 107) Gives the Executive Director authority to issue subpoenas to obtain materials. (Sec. 108) Revises provisions regarding the legal proceedings to which TSP funds are subject. (Sec. 109) Sets forth terms under which a surviving spouse may maintain the portion of a TSP account to which he or she is entitled. (Sec. 110) Directs the Secretary of Defense to report to Congress on the cost, and the effect on recruitment and retention, of providing a matching payment for TSP contributions by members of the Armed Forces. Title II: Special Survivor Indemnity Allowance for Surviving Spouses of Armed Forces Members - (Sec. 201) Increases the monthly special survivor indemnity allowance paid to surviving spouses of members of the uniformed services who have had their survivor benefit plan annuity reduced due to dependency and indemnity compensation payments.

division family smoking prevention tobacco control act family smoking prevention tobacco control act title authority food_and_drug_administration sec amends federal food drug cosmetic act ffdca provide regulation tobacco products secretary health_and_human_services food_and_drug_administration fda defines tobacco product product derived tobacco intended human consumption prohibits tobacco product marketed combination article product regulated ffdca requires secretary regulate tobacco products excludes fda authority tobacco possession tobacco product manufacturer producers tobacco producer manufacturer tobacco farms directs secretary establish fda center tobacco products implement act identifiable office provide technical nonfinancial assistance assist small tobacco product manufacturers complying act deems tobacco product adulterated contains substance contaminated added poisonous substance render product injurious health prepared packed held conditions package composed poisonous substance manufacturer importer product fails pay assessed user fee fails meet specified tobacco product standards required premarket review fails meet applicable requirements conditions manufacturing packing storage fails conform requirements modified risk tobacco products deems tobacco product misbranded labeling packaging advertising contains false misleading information label advertising fails contain required information displayed prominently conspicuously including established manufacturer contents adequate directions warnings manufactured prepared processed establishment registered secretary failure submit required information notices secretary allows secretary require prior approval label statements tobacco products ensure statements violate misbranding provisions comply provisions act requires tobacco product manufacturers importers submit secretary listing ingredients including ingredients added manufacturer tobacco paper filter brand quantity description content delivery form nicotine tobacco product listing constituents including smoke constituents identified secretary harmful potentially harmful health tobacco product documents developed relate health behavioral effects tobacco products constituents ingredients components additives allows secretary request additional information tobacco product manufacturer importer relating research activities findings effects tobacco products constituents health risk reduced manufacturer employs known available technology marketing research practices manufacturers distributors sets forth notifications manufacturers secretary change tobacco product requires secretary publicly display annually publish list understandable misleading lay person harmful potentially harmful constituents tobacco product brand quantity requires owners operators establishments united_states engaged manufacture preparation compounding processing tobacco product register annually secretary allows secretary prescribe uniform system identification tobacco products registrants use requires secretary registration information available public inspect registered establishments years requires foreign establishments register ensure adequate effective means available determine tobacco products conform ffdca requirements prohibits disclosure privileged confidential trade secrets commercial financial information obtained secretary allows secretary restrict sale distribution tobacco products appropriate protection public health advertising promotion tobacco products consistent extent permitted amendment prohibits restrictions limit sale distribution tobacco product written oral authorization practitioner licensed prescribe medicine prohibit sale tobacco product face face transactions specific category retail outlets establish minimum age sale tobacco products person older years age requires secretary promulgate regulations prevent sale distribution tobacco products minors means direct face face exchange retailer consumer directs secretary prescribe regulations protect public health assure tobacco products compliance act requiring good manufacturing practices hazard analysis critical control point methodology requires secretary provide reasonable period manufacturers conform good manufacturing practices require small tobacco product manufacturer comply regulations years allows secretary grant exemptions variances regulations certain circumstances allows secretary enter contracts research testing demonstrations respecting tobacco products obtain tobacco products purposes prohibits cigarette components containing constituent additive artificial natural tobacco including orange tobacco product tobacco smoke prohibits tobacco product manufacturer tobacco including foreign grown tobacco contains pesticide chemical residue level greater tolerance applicable domestically grown tobacco allows secretary adopt additional tobacco product standards appropriate protect public health include standards reducing nicotine yields reducing eliminating constituents harmful components product testing allows secretary amend revoke tobacco product standard prohibits secretary banning cigarettes smokeless tobacco products little cigars cigars little cigars pipe tobacco roll tobacco products requiring reduction nicotine yields tobacco product zero requires secretary refer tobacco products scientific advisory_committee report recommendation issues impact use cigarettes public health including use children african americans racial ethnic minorities nature impact use tobacco products public health including use children allows secretary notify public tobacco product poses unreasonable risk substantial harm public health requires secretary order cease distribution recall hearing tobacco product reasonable probability contains defect ordinarily contained tobacco products cause adverse health consequences death requires manufacturers importers comply record keeping reporting requirements established secretary informing secretary information reasonably suggests marketed tobacco product caused contributed unexpected adverse experience prohibits secretary imposing unduly burdensome requirements requiring identity patient user disclosed required medical welfare individual determine risks public health verify information requires secretary regard ethics medical profession directs secretary require prompt notification manufacturers importers corrective action taken removal market tobacco product reduce health risk posed product remedy violation act present risk requires premarket approval new tobacco products products substantially equivalent existing tobacco product commercially marketed february defines substantially equivalent having characteristics having different characteristics raising different questions public health sets forth application process premarket approval new tobacco product including health information included authorizes secretary allow prohibit restrict distribution tobacco product temporarily suspend application probability continued distribution cause adverse health consequences death greater tobacco products market prohibits sale modified risk tobacco product order issued secretary defines modified risk tobacco product tobacco product sold distributed use reduce harm risk tobacco related diseases associated commercially marketed tobacco products specifically products labeling advertising represents product presents lower risk tobacco related disease harmful tobacco products contains reduced level presents reduced exposure substance free substance labeling advertising uses light low product manufacturer taken action reasonably expected result consumers believing product smoke presents lower risk disease harmful presents reduced exposure free substance sets forth requirements filing secretary application modified risk tobacco product directs secretary issue order modified risk tobacco product commercially marketed secretary determines applicant demonstrated product actually consumers significantly reduce harm risk tobacco related disease individual tobacco users benefit health population including users tobacco allows secretary issue order allowing sale tobacco product commercially marketed modified risk tobacco product years certain requirements met including order appropriate promote public health issuing order expected benefit health population requires secretary require advertising labeling concerning modified risk tobacco products enable public understand information significance context total health relation diseases health related conditions associated use tobacco products directs secretary require results postmarket surveillance studies modified risk tobacco products submitted annually sets forth procedures withdrawal order allowing commercial distribution modified risk tobacco product prohibits distributors taking action reasonably expected result consumers believing tobacco product smoke present lower risk disease harmful tobacco products sets forth provisions judicial review regulations denied applications new tobacco products requires secretary require retail establishments predominant business sale tobacco products comply advertising restrictions applicable retail establishments accessible individuals age deems violation act pertaining advertising unfair deceptive act practice federal_trade_commission ftc act requires chairman ftc coordinate secretary concerning enforcement ftc act advertisement cigarettes smokeless tobacco requires secretary consult chairman revising label statements requirements tobacco products ftc act requires secretary acting commissioner fda promulgate regulations act years require testing reporting tobacco product constituents ingredients additives secretary determines tested protect public health gives secretary authority conduct require testing reporting disclosure tobacco product constituents delays imposition testing regulations small tobacco product manufacturers allows additional delays certain circumstances sets forth provisions governing testing manufacturers declares act prohibit federal agencies states political subdivisions indian tribes enacting additional stringent measures requirements relating tobacco product standards premarket review adulteration misbranding labeling registration good manufacturing standards modified risk tobacco products prohibit state tribal local taxation tobacco products modify affect liability person product liability laws state requires secretary establish tobacco products scientific advisory_committee provide advice information recommendations secretary including effects altering nicotine yields tobacco products threshold level nicotine yields produce dependence tobacco product involved requires secretary consider designating products smoking cessation including nicotine replacement products fast track research approval products approving extended use nicotine replacement products treatment tobacco dependence evidence additional indications products directs secretary report congress best regulate promote encourage development innovative products treatments better achieve manner best protects promotes public health total abstinence tobacco use reductions consumption tobacco reductions harm associated continued tobacco use requires secretary assess quarterly user fee manufacturers importers tobacco products based class tobacco product company market share pay costs tobacco regulation activities requires fda funds excluding user fees october activities reimbursed sec requires secretary publish final rule cigarettes smokeless tobacco identical regulations promulgated secretary august set restrictions ffdca sale distribution use cigarettes smokeless tobacco contain nicotine labeling requirements sets forth provisions governing distribution free samples cigarettes smokeless tobacco tobacco products limits effect specified advisory opinions prohibits secretary fda binding precedent sec adds tobacco related violations list prohibited acts ffdca prohibits charitable distribution tobacco products prohibits making statement representation directed consumers label labeling media advertising tobacco product conveys mislead consumers believing product approved fda fda deems product safe use consumers product endorsed fda use consumers product safe harmful virtue regulation inspection fda compliance regulatory requirements set fda allows secretary impose tobacco sale order retail outlets repeated violations restrictions sale tobacco products sets forth civil monetary penalties violations ffdca related tobacco products requires secretary submit report relevant committees nature extent destination tobacco product exports conform tobacco product standards established act public health implications exports recommendations assessments policy alternatives available reduce negative public health impact sets forth provisions providing notice violations retailers sec directs secretary convene expert panel study public health implications raising minimum age purchase tobacco products sec requires secretary develop action plan enforce restrictions promotion advertising cigarettes youth sec directs secretary report specified congressional committees fda progress implementing act directs comptroller_general study report committees adequacy authority resources provided secretary carry goals purposes act recommendations strengthening authority effectively protect public health respect manufacture marketing distribution tobacco products title tobacco product warnings constituent smoke constituent disclosure sec amends federal cigarette labeling advertising act prohibit person manufacturing packaging selling offering sell distributing importing sale distribution united_states cigarettes packages fail bear specified warning labels specifies location size type size color labeling prohibits tobacco product manufacturers importers distributors retailers advertise cigarettes united_states specified labeling specifies location size type size color border warning labels different types advertisements directs secretary issue regulations require color depicting negative health consequences smoking accompany cigarette label statements sec allows secretary alter label requirements promote greater public understanding risks associated use tobacco products sec allows states localities impose specific bans restrictions time place manner content advertising promotion cigarettes sec amends comprehensive smokeless tobacco health education act apply restrictions labeling advertising smokeless tobacco products sec requires secretary determine manufacturers required include label advertisements tar nicotine yields product allows secretary require disclosure level constituents tobacco product disclosures benefit public health increase consumer awareness health consequences use tobacco products title iii prevention illicit trade tobacco products sec sets forth labeling inspection record keeping requirements prevent illicit trade smuggling counterfeiting tobacco products requires manufacturer distributor notify attorney general secretary treasury promptly knowledge reasonably supports conclusion tobacco product manufactured distributed left control imported exported distributed sold paying duties taxes diverted possible illicit marketing sec requires comptroller_general conduct study collect data cross border trades advertising tobacco products health effects resulting trades recommendations monitoring trades preventing eliminating advertising division federal retirement reform_act federal retirement reform_act title provisions relating federal employees retirement sec thrift savings plan enhancement_act requires executive director federal_retirement_thrift_investment_board provide automatic enrollment thrift savings plan tsp specified default percentage basic pay appointed transferred reappointed position individual eligible contribute tsp inclusion tsp qualified roth contribution program sec authorizes board include mutual fund window tsp window best interest participants sec sets forth reporting requirements related operation tsp sec requires participant elects invest investment fund option fund sign acknowledgment participant protected government loss investments return investment guaranteed government provides fiduciary shall liable civil action brought fiduciary providing automatic enrollment participant enrolling participant default investment fund allowing participant invest mutual fund window establishing restrictions applicable participant ability invest window sec gives executive director authority issue subpoenas obtain materials sec revises provisions legal proceedings tsp funds subject sec sets forth terms surviving spouse maintain portion tsp account entitled sec directs secretary defense report congress cost effect recruitment retention providing matching payment tsp contributions members armed_forces title special survivor indemnity allowance surviving spouses armed_forces members sec increases monthly special survivor indemnity allowance paid surviving spouses members uniformed_services survivor_benefit_plan annuity reduced dependency indemnity compensation payments