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sessing civil money penalties, including at a retailer’s 
request a hearing by telephone, or at the nearest re-
gional or field office of the Food and Drug Adminis-
tration, or at a Federal, State, or county facility 
within 100 miles from the location of the retail out-
let, if such a facility is available.’’. 
(d) SECTION 304.—Section 304 (21 U.S.C. 334) is 
amended— 
(1) in subsection (a)(2)— 
(A) by striking ‘‘and’’ before ‘‘(D)’’; and 
(B) by striking ‘‘device.’’ and inserting the 
following: ‘‘device, and (E) Any adulterated or 
misbranded tobacco product.’’; 
(2) in subsection (d)(1), by inserting ‘‘tobacco 
product,’’ after ‘‘device,’’; 
(3) in subsection (g)(1), by inserting ‘‘or to-
bacco product’’ after the term ‘‘device’’ each place 
such term appears; and 
(4) in subsection (g)(2)(A), by inserting ‘‘or to-
bacco product’’ after ‘‘device’’. 
(e) SECTION 505.—Section 505(n)(2) (21 U.S.C. 
355(n)(2)) is amended by striking ‘‘section 904’’ and in-
serting ‘‘section 1004’’. 
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HR 1108 RFS 
(f) SECTION 523.—Section 523(b)(2)(D) (21 U.S.C. 
360m(b)(2)(D)) is amended by striking ‘‘section 903(g)’’ 
and inserting ‘‘section 1003(g)’’. 
(g) 
SECTION
702.—Section 
702(a)(1) 
(U.S.C. 
372(a)(1)) is amended— 
(1) 
by 
striking 
‘‘(a)(1)’’ 
and 
inserting 
‘‘(a)(1)(A)’’; and 
(2) by adding at the end the following: 
‘‘(B)(i) For a tobacco product, to the extent feasible, 
the Secretary shall contract with the States in accordance 
with this paragraph to carry out inspections of retailers 
within that State in connection with the enforcement of 
this Act. 
‘‘(ii) The Secretary shall not enter into any contract 
under clause (i) with the government of any of the several 
States to exercise enforcement authority under this Act 
on Indian lands without the express written consent of the 
Indian tribe involved.’’. 
(h) SECTION 703.—Section 703 (21 U.S.C. 373) is 
amended— 
(1) by inserting ‘‘tobacco product,’’ after the 
term ‘‘device,’’ each place such term appears; and 
(2) by inserting ‘‘tobacco products,’’ after the 
term ‘‘devices,’’ each place such term appears. 
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HR 1108 RFS 
(i) SECTION 704.—Section 704 (21 U.S.C. 374) is 
amended— 
(1) in subsection (a)(1)(A), by inserting ‘‘to-
bacco products,’’ after the term ‘‘devices,’’ each 
place such term appears; 
(2) in subsection (a)(1)(B), by inserting ‘‘or to-
bacco products’’ after the term ‘‘restricted devices’’ 
each place such term appears; 
(3) in subsection (b), by inserting ‘‘tobacco 
product,’’ after ‘‘device,’’; and 
(4) in subsection (g)(13), by striking ‘‘section 
903(g)’’ and inserting ‘‘section 1003(g)’’. 
(j) SECTION
705.—Section 705(b) (21 U.S.C. 
375(b)) is amended by inserting ‘‘tobacco products,’’ after 
‘‘devices,’’. 
(k) SECTION 709.—Section 709 (21 U.S.C. 379a) is 
amended by inserting ‘‘tobacco product,’’ after ‘‘device,’’. 
(l) SECTION 801.—Section 801 (21 U.S.C. 381) is 
amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘tobacco products,’’ after 
the term ‘‘devices,’’ ; 
(B) by inserting ‘‘or section 905(h)’’ after 
‘‘section 510’’; and 
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HR 1108 RFS 
(C) by striking the term ‘‘drugs or de-
vices’’ each time such term appears and insert-
ing ‘‘drugs, devices, or tobacco products’’; 
(2) in subsection (e)(1), by inserting ‘‘tobacco 
product,’’ after ‘‘device,’’; and 
(3) by adding at the end the following: 
‘‘(p)(1) Not later than 36 months after the date of 
enactment of the Family Smoking Prevention and To-
bacco Control Act, and annually thereafter, the Secretary 
shall submit to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on 
Energy and Commerce of the House of Representatives, 
a report regarding— 
‘‘(A) the nature, extent, and destination of 
United States tobacco product exports that do not 
conform to tobacco product standards established 
pursuant to this Act; 
‘‘(B) the public health implications of such ex-
ports, including any evidence of a negative public 
health impact; and 
‘‘(C) recommendations or assessments of policy 
alternatives available to Congress and the executive 
branch to reduce any negative public health impact 
caused by such exports. 
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‘‘(2) The Secretary is authorized to establish appro-
priate information disclosure requirements to carry out 
this subsection.’’. 
(m) SECTION 1003.—Section 1003(d)(2)(C) (as re-
designated by section 101(b)) is amended— 
(1) by striking ‘‘and’’ after ‘‘cosmetics,’’; and 
(2) inserting ‘‘, and tobacco products’’ after 
‘‘devices’’. 
(n) SECTION 1009.—Section 1009(b) (as redesig-
nated by section 101(b)) is amended by striking ‘‘section 
908’’ and inserting ‘‘section 1008’’. 
(o) SECTION 409 OF THE FEDERAL MEAT INSPEC-
TION ACT.—Section 409(a) of the Federal Meat Inspec-
tion Act (21 U.S.C. 679(a)) is amended by striking ‘‘sec-
tion 902(b)’’ and inserting ‘‘section 1002(b)’’. 
(p) RULE OF CONSTRUCTION.—Nothing in this sec-
tion is intended or shall be construed to expand, contract, 
or otherwise modify or amend the existing limitations on 
State government authority over tribal restricted fee or 
trust lands. 
(q) GUIDANCE AND EFFECTIVE DATES.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall issue guidance— 
(A) defining the term ‘‘repeated violation’’, 
as used in section 303(f)(8) of the Federal 
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