I
105TH CONGRESS
1ST SESSION
H. R. 1881
To establish the Tobacco Accountability Board.
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 1997
Mr. WAXMAN introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To establish the Tobacco Accountability Board.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tobacco Accountability
Act’’.
SEC. 2. TOBACCO ACCOUNTABILITY BOARD.
(a) ESTABLISHMENT.—There is established an inde-
pendent board to be known as the Tobacco Accountability
Board.
(b) MEMBERSHIP.—The Board shall consist of 5
members with expertise relating to tobacco and public
health. The members, including the chair, shall be ap-
pointed by the Secretary of Health and Human Services.
The initial members of the Board shall be appointed by
the Secretary within 30 days of the date of the enactment
of this Act. A member of the Board may be removed by
the Secretary only for neglect of duty or malfeasance in
office.
(c) TERMS.—The term of office of a member of the
Board shall be 6 years, except that the members first ap-
pointed shall have terms of 2, 3, 4, and 5 years, respec-
tively, as determined by the Secretary.
SEC. 3. DISCLOSURE OF TOBACCO INDUSTRY DOCUMENTS.
(a) SUBMISSION
BY MANUFACTURERS.—Not later
than 3 months after the date of the enactment of this Act
and thereafter as required by the Board, each tobacco
manufacturer shall submit to the Board a copy of all docu-
ments in the manufacturer’s possession—
(1) relating to—
(A) any health effects, including addiction,
caused by the use of tobacco products;
(B) the manipulation or control of nicotine
in tobacco products; or
(C) the sale or marketing of tobacco prod-
ucts to children; or
(2) produced, or ordered to be produced, by the
tobacco manufacturer in the case entitled State of
Minnesota v. Philip Morris, Inc, Civ. Action No. C1-
94-8565 (Ramsey County, Minn.) including attor-
ney-client and other documents produced or ordered
to be produced for in camera inspection.
(b) DISCLOSURE BY THE BOARD.—Not later than 6
months after the date of the enactment of this Act and
thereafter as required by the Board, the Board shall, sub-
ject to subsection (c), make available to the public the doc-
uments submitted under subsection (a).
(c) PROTECTION OF TRADE SECRETS.—The Board,
members of the Board, and staff of the Board shall not
disclose information that is entitled to protection as a
trade secret unless the Board determines that disclosure
of such information is necessary to protect the public
health. This subsection shall not prevent the disclosure of
relevant information to other Federal agencies or to com-
mittees of the Congress.
SEC. 4. INVESTIGATION AND ANNUAL REPORTS.
The Board shall investigate all matters relating to the
tobacco industry and public health and report annually on
the results of the investigation to Congress. Each annual
report to Congress shall, at a minimum, disclose—
(1) any efforts by tobacco manufacturers to
conceal research relating to the adverse health ef-
fects or addiction caused by the use of tobacco prod-
ucts;
(2) any efforts by tobacco manufacturers to
mislead the public or any Federal, State, or local
elected body, agency, or court about the adverse
health effects or addiction caused by the use of to-
bacco products;
(3) any efforts by tobacco manufacturers to sell
or market tobacco products to children; and
(4) any efforts by tobacco manufacturers to cir-
cumvent, repeal, modify, impede the implementation
of, or prevent the adoption of any Federal, State, or
local law or regulation intended to reduce the ad-
verse health effects or addiction caused by the use
of tobacco products.
SEC. 5. TOBACCO MANUFACTURER BOARD MEETINGS.
Each tobacco manufacturer shall permit a represent-
ative designated by the Board to attend and participate
in all meetings of the board of directors of the tobacco
manufacturer, including any executive session or commit-
tee meetings thereof. Each tobacco manufacturer shall
provide the representative designated by the Board a copy
of all documents or other information provided by the to-
bacco manufacturer to any director of the manufacturer
who is not an employee of the manufacturer.
SEC. 6. AUTHORITIES.
The Board, any member of the Board, or staff des-
ignated by the Board may hold hearings, administer oaths,
require the testimony or deposition of witnesses, the pro-
duction of documents, or the answering of interrogatories,
or, upon presentation of the proper credentials, enter and
inspect facilities.
SEC. 7. ENFORCEMENT.
(a) RESPONSIBILITIES OF TOBACCO MANUFACTUR-
ERS.—Notwithstanding any other provision of law, to-
bacco manufacturers shall provide any testimony, deposi-
tion, documents, or other information, answer any inter-
rogatories, and allow any entry or inspection required pur-
suant to this Act, except to the extent that a constitutional
privilege protects the tobacco manufacturer from comply-
ing with such requirement.
(b) PROHIBITED ACT.—Section 301 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-
ed by adding at the end the following:
‘‘(x) The failure to comply with any requirement
under the Tobacco Accountability Act.’’.
SEC. 8. ADMINISTRATION.
(a) STAFF.—The Chair shall exercise the executive
and administrative functions of the Board and shall have
the authority to hire such staff as may be necessary for
the operation of the Board.
(b) SALARIES.—The members of the Board shall re-
ceive such salary and benefits as the Secretary deems nec-
essary, except that the salary of the Chair shall not be
less than level III of the Executive Schedule (5 U.S.C.
5314).
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) BOARD.—The term ‘‘Board’’ means the To-
bacco Accountability Board.
(2) MANUFACTURE.—The term ‘‘manufacture’’
means the manufacturing, including repacking or re-
labeling, fabrication, assembly, processing, labeling,
or importing of a tobacco product.
(3) TOBACCO MANUFACTURER.—The term ‘‘to-
bacco manufacturer’’ means—
(A) any person who manufactures a to-
bacco product; or
(B) the Tobacco Institute, the Council for
Tobacco Research, the Smokeless Tobacco
Council, the Center for Indoor Air Research, or
any other trade association or entity that is pri-
marily funded by persons who manufacture a
tobacco product.
Æ