190 
† HR 1256 EAS 
downstroke of the capital ‘W’ of the word ‘WARNING’ 
in the label statements. 
‘‘(F) The text of such label statements shall be in 
a typeface pro rata to the following requirements: 45- 
point type for a whole-page broadsheet newspaper ad-
vertisement; 39-point type for a half-page broadsheet 
newspaper advertisement; 39-point type for a whole- 
page tabloid newspaper advertisement; 27-point type 
for a half-page tabloid newspaper advertisement; 
31.5-point type for a double page spread magazine or 
whole-page magazine advertisement; 22.5-point type 
for a 28 centimeter by 3 column advertisement; and 
15-point type for a 20 centimeter by 2 column adver-
tisement. 
‘‘(G) The label statements shall be in English, ex-
cept that— 
‘‘(i) in the case of an advertisement that ap-
pears in a newspaper, magazine, periodical, or 
other publication that is not in English, the 
statements shall appear in the predominant lan-
guage of the publication; and 
‘‘(ii) in the case of any other advertisement 
that is not in English, the statements shall ap-
pear in the same language as that principally 
used in the advertisement.
191 
† HR 1256 EAS 
‘‘(3)(A) The label statements specified in sub-
section (a)(1) shall be randomly displayed in each 12- 
month period, in as equal a number of times as is 
possible on each brand of the product and be ran-
domly distributed in all areas of the United States in 
which the product is marketed in accordance with a 
plan submitted by the tobacco product manufacturer, 
importer, distributor, or retailer and approved by the 
Secretary. 
‘‘(B) The label statements specified in subsection 
(a)(1) shall be rotated quarterly in alternating se-
quence in advertisements for each brand of smokeless 
tobacco product in accordance with a plan submitted 
by the tobacco product manufacturer, importer, dis-
tributor, or retailer to, and approved by, the Sec-
retary. 
‘‘(C) The Secretary shall review each plan sub-
mitted under subparagraphs (A) and (B) and ap-
prove it if the plan— 
‘‘(i) will provide for the equal distribution 
and display on packaging and the rotation re-
quired in advertising under this subsection; and 
‘‘(ii) assures that all of the labels required 
under this section will be displayed by the to-
192 
† HR 1256 EAS 
bacco product manufacturer, importer, dis-
tributor, or retailer at the same time. 
‘‘(D) This paragraph applies to a retailer only 
if that retailer is responsible for or directs the label 
statements under this section, unless the retailer dis-
plays, in a location open to the public, an advertise-
ment that does not contain a warning label or has 
been altered by the retailer in a way that is material 
to the requirements of this subsection. 
‘‘(4) The Secretary may, through a rulemaking 
under section 553 of title 5, United States Code, ad-
just the format and type sizes for the label statements 
required by this section; the text, format, and type 
sizes of any required tar, nicotine yield, or other con-
stituent disclosures; or the text, format, and type sizes 
for any other disclosures required under the Federal 
Food, Drug, and Cosmetic Act. The text of any such 
label statements or disclosures shall be required to ap-
pear only within the 20 percent area of advertise-
ments provided by paragraph (2). The Secretary shall 
promulgate regulations which provide for adjustments 
in the format and type sizes of any text required to 
appear in such area to ensure that the total text re-
quired to appear by law will fit within such area.
193 
† HR 1256 EAS 
‘‘(c) TELEVISION AND RADIO ADVERTISING.—It is un-
lawful to advertise smokeless tobacco on any medium of elec-
tronic communications subject to the jurisdiction of the 
Federal Communications Commission.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 12 months after the date of en-
actment of this Act. Such effective date shall be with respect 
to the date of manufacture, provided that, in any case, be-
ginning 30 days after such effective date, a manufacturer 
shall not introduce into the domestic commerce of the 
United States any product, irrespective of the date of manu-
facture, that is not in conformance with section 3 of the 
Comprehensive Smokeless Tobacco Health Education Act of 
1986 (15 U.S.C. 4402), as amended by subsection (a). 
SEC. 205. AUTHORITY TO REVISE SMOKELESS TOBACCO 
PRODUCT WARNING LABEL STATEMENTS. 
(a) IN GENERAL.—Section 3 of the Comprehensive 
Smokeless Tobacco Health Education Act of 1986 (15 
U.S.C. 4402), as amended by section 204, is further amend-
ed by adding at the end the following: 
‘‘(d) AUTHORITY TO REVISE WARNING LABEL STATE-
MENTS.—The Secretary may, by a rulemaking conducted 
under section 553 of title 5, United States Code, adjust the 
format, type size, and text of any of the label requirements, 
require color graphics to accompany the text, increase the
194 
† HR 1256 EAS 
required label area from 30 percent up to 50 percent of the 
front and rear panels of the package, or establish the format, 
type size, and text of any other disclosures required under 
the Federal Food, Drug, and Cosmetic Act, if the Secretary 
finds that such a change would promote greater public un-
derstanding of the risks associated with the use of smokeless 
tobacco products.’’. 
(b) PREEMPTION.—Section 7(a) of the Comprehensive 
Smokeless Tobacco Health Education Act of 1986 (15 
U.S.C. 4406(a)) is amended by striking ‘‘No’’ and inserting 
‘‘Except as provided in the Family Smoking Prevention 
and Tobacco Control Act (and the amendments made by 
that Act), no’’. 
SEC. 206. TAR, NICOTINE, AND OTHER SMOKE CON-
STITUENT DISCLOSURE TO THE PUBLIC. 
Section 4 of the Federal Cigarette Labeling and Adver-
tising Act (15 U.S.C. 1333), as amended by sections 201 
and 202, is further amended by adding at the end the fol-
lowing: 
‘‘(e) TAR, NICOTINE, AND
OTHER
SMOKE
CON-
STITUENT DISCLOSURE.— 
‘‘(1) IN GENERAL.—The Secretary shall, by a 
rulemaking conducted under section 553 of title 5, 
United States Code, determine (in the Secretary’s sole 
discretion) whether cigarette and other tobacco prod-
195 
† HR 1256 EAS 
uct manufacturers shall be required to include in the 
area of each cigarette advertisement specified by sub-
section (b) of this section, or on the package label, or 
both, the tar and nicotine yields of the advertised or 
packaged brand. Any such disclosure shall be in ac-
cordance with the methodology established under such 
regulations, shall conform to the type size require-
ments of subsection (b) of this section, and shall ap-
pear within the area specified in subsection (b) of this 
section. 
‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif-
ferences between the requirements established by the 
Secretary under paragraph (1) and tar and nicotine 
yield reporting requirements established by the Fed-
eral Trade Commission shall be resolved by a memo-
randum of understanding between the Secretary and 
the Federal Trade Commission. 
‘‘(3) CIGARETTE AND OTHER TOBACCO PRODUCT 
CONSTITUENTS.—In addition to the disclosures re-
quired by paragraph (1), the Secretary may, under a 
rulemaking conducted under section 553 of title 5, 
United States Code, prescribe disclosure requirements 
regarding the level of any cigarette or other tobacco 
product constituent including any smoke constituent. 
Any such disclosure may be required if the Secretary
203 
† HR 1256 EAS 
TITLE I—PROVISIONS RELATING TO FEDERAL EMPLOYEES 
RETIREMENT 
Sec. 101. Short title. 
Sec. 102. Automatic enrollments and immediate employing agency contributions. 
Sec. 103. Qualified Roth contribution program. 
Sec. 104. Authority to establish mutual fund window. 
Sec. 105. Reporting requirements. 
Sec. 106. Acknowledgment of risk. 
Sec. 107. Subpoena authority. 
Sec. 108. Amounts in Thrift Savings Funds subject to legal proceedings. 
Sec. 109. Accounts for surviving spouses. 
Sec. 110. Treatment of members of the uniformed services under the Thrift Sav-
ings Plan. 
TITLE II—SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 
SURVIVING SPOUSES OF ARMED FORCES MEMBERS 
Sec. 201. Increase in monthly amount of special survivor indemnity allowance 
for widows and widowers of deceased members of the Armed 
Forces affected by required Survivor Benefit Plan annuity offset 
for dependency and indemnity compensation. 
TITLE I—PROVISIONS RELATING 
TO FEDERAL EMPLOYEES RE-
TIREMENT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Thrift Savings Plan 
Enhancement Act of 2009’’. 
SEC. 102. AUTOMATIC ENROLLMENTS AND IMMEDIATE EM-
PLOYING AGENCY CONTRIBUTIONS. 
(a) IN GENERAL.—Section 8432(b) of title 5, United 
States Code, is amended by striking paragraphs (2) through 
(4) and inserting the following: 
‘‘(2)(A) The Executive Director shall by regulation 
provide for an eligible individual to be automatically en-
rolled to make contributions under subsection (a) at the de-
fault percentage of basic pay.
204 
† HR 1256 EAS 
‘‘(B) For purposes of this paragraph, the default per-
centage shall be equal to 3 percent or such other percentage, 
not less than 2 percent nor more than 5 percent, as the 
Board may prescribe. 
‘‘(C) The regulations shall include provisions under 
which any individual who would otherwise be automati-
cally enrolled in accordance with subparagraph (A) may— 
‘‘(i) modify the percentage or amount to be con-
tributed pursuant to automatic enrollment, effective 
not later than the first full pay period following re-
ceipt of the election by the appropriate processing en-
tity; or 
‘‘(ii) decline automatic enrollment altogether. 
‘‘(D)(i) Except as provided in clause (ii), for purposes 
of this paragraph, the term ‘eligible individual’ means any 
individual who, after any regulations under subparagraph 
(A) first take effect, is appointed, transferred, or re-
appointed to a position in which that individual becomes 
eligible to contribute to the Thrift Savings Fund. 
‘‘(ii) Members of the uniformed services shall not be 
eligible individuals for purposes of this paragraph. 
‘‘(E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 
8440c(a)(1), 8440d(a)(1), and 8440e(a)(1) shall be applied 
in a manner consistent with the purposes of this para-
graph.’’.
205 
† HR 1256 EAS 
(b) TECHNICAL AMENDMENT.—Section 8432(b)(1) of 
title 5, United States Code, is amended by striking the par-
enthetical matter in subparagraph (B). 
SEC. 103. QUALIFIED ROTH CONTRIBUTION PROGRAM. 
(a) IN GENERAL.—Subchapter III of chapter 84 of 
title 5, United States Code, is amended by inserting after 
section 8432c the following: 
‘‘§ 8432d. Qualified Roth contribution program 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘qualified Roth contribution pro-
gram’ means a program described in paragraph (1) 
of section 402A(b) of the Internal Revenue Code of 
1986 which meets the requirements of paragraph (2) 
of such section; and 
‘‘(2) the terms ‘designated Roth contribution’ 
and ‘elective deferral’ have the meanings given such 
terms in section 402A of the Internal Revenue Code 
of 1986. 
‘‘(b) AUTHORITY TO ESTABLISH.—The Executive Di-
rector shall by regulation provide for the inclusion in the 
Thrift Savings Plan of a qualified Roth contribution pro-
gram, under such terms and conditions as the Board may 
prescribe. 
‘‘(c) REQUIRED PROVISIONS.—The regulations under 
subsection (b) shall include—
206 
† HR 1256 EAS 
‘‘(1) provisions under which an election to make 
designated Roth contributions may be made— 
‘‘(A) by any individual who is eligible to 
make contributions under section 8351, 8432(a), 
8440a, 8440b, 8440c, 8440d, or 8440e; and 
‘‘(B) by any individual, not described in 
subparagraph (A), who is otherwise eligible to 
make elective deferrals under the Thrift Savings 
Plan; 
‘‘(2) any provisions which may, as a result of 
enactment of this section, be necessary in order to 
clarify the meaning of any reference to an ‘account’ 
made in section 8432(f), 8433, 8434(d), 8435, 8437, 
or any other provision of law; and 
‘‘(3) any other provisions which may be nec-
essary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
84 of title 5, United States Code, is amended by inserting 
after the item relating to section 8432c the following: 
‘‘8432d. Qualified Roth contribution program.’’. 
SEC. 104. AUTHORITY TO ESTABLISH MUTUAL FUND WIN-
DOW. 
(a) IN GENERAL.—Section 8438(b)(1) of title 5, 
United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end;
207 
† HR 1256 EAS 
(2) in subparagraph (E), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding after subparagraph (E) the fol-
lowing: 
‘‘(F) a service that enables participants to 
invest in mutual funds, if the Board authorizes 
the mutual fund window under paragraph (5).’’. 
(b) REQUIREMENTS.—Section 8438(b) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(5)(A) The Board may authorize the addition of a 
mutual fund window under the Thrift Savings Plan if the 
Board determines that such addition would be in the best 
interests of participants. 
‘‘(B) The Board shall ensure that any expenses charged 
for use of the mutual fund window are borne solely by the 
participants who use such window. 
‘‘(C) The Board may establish such other terms and 
conditions for the mutual fund window as the Board con-
siders appropriate to protect the interests of participants, 
including requirements relating to risk disclosure. 
‘‘(D) The Board shall consult with the Employee Thrift 
Advisory Council (established under section 8473) before 
authorizing the addition of a mutual fund window or estab-
208 
† HR 1256 EAS 
lishing a service that enables participants to invest in mu-
tual funds.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 8438(d)(1) of title 5, United States Code, is amended 
by inserting ‘‘and options’’ after ‘‘investment funds’’. 
SEC. 105. REPORTING REQUIREMENTS. 
(a) ANNUAL REPORT.—The Board shall, not later than 
June 30 of each year, submit to Congress an annual report 
on the operations of the Thrift Savings Plan. Such report 
shall include, for the prior calendar year, information on 
the number of participants as of the last day of such prior 
calendar year, the median balance in participants’ ac-
counts as of such last day, demographic information on 
participants, the percentage allocation of amounts among 
investment funds or options, the status of the development 
and implementation of the mutual fund window, the diver-
sity demographics of any company, investment adviser, or 
other entity retained to invest and manage the assets of the 
Thrift Savings Fund, and such other information as the 
Board considers appropriate. A copy of each annual report 
under this subsection shall be made available to the public 
through an Internet website. 
(b) REPORTING OF FEES AND OTHER INFORMATION.— 
(1) IN GENERAL.—The Board shall include in 
the periodic statements provided to participants
212 
† HR 1256 EAS 
faith with the subpoena and thus produces the materials 
sought, shall not be liable in any court of any State or the 
United States to any individual, domestic or foreign cor-
poration or upon a partnership or other unincorporated as-
sociation for such production. 
‘‘(c) When a person fails to obey a subpoena issued 
under this section, the district court of the United States 
for the district in which the investigation is conducted or 
in which the person failing to obey is found, shall on proper 
application issue an order directing that person to comply 
with the subpoena. The court may punish as contempt any 
disobedience of its order. 
‘‘(d) The Executive Director shall prescribe regulations 
to carry out subsection (a).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for chapter 84 of title 5, United States 
Code, is amended by inserting after the item relating to 
section 8479 the following: 
‘‘8480. Subpoena authority.’’. 
SEC. 108. AMOUNTS IN THRIFT SAVINGS FUNDS SUBJECT 
TO LEGAL PROCEEDINGS. 
Section 8437(e)(3) of title 5, United States Code, is 
amended in the first sentence by striking ‘‘or relating to 
the enforcement of a judgment for the physically, sexually, 
or emotionally abusing a child as provided under section 
8467(a)’’ and inserting ‘‘the enforcement of an order for res-
213 
† HR 1256 EAS 
titution under section 3663A of title 18, forfeiture under 
section 8432(g)(5) of this title, or an obligation of the Exec-
utive Director to make a payment to another person under 
section 8467 of this title’’. 
SEC. 109. ACCOUNTS FOR SURVIVING SPOUSES. 
Section 8433(e) of title 5, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 
(2) by adding at the end the following: 
‘‘(2) Notwithstanding section 8424(d), if an employee, 
Member, former employee, or former Member dies and has 
designated as sole or partial beneficiary his or her spouse 
at the time of death, or, if an employee, Member, former 
employee, or former Member, dies with no designated bene-
ficiary and is survived by a spouse, the spouse may main-
tain the portion of the employee’s or Member’s account to 
which the spouse is entitled in accordance with the following 
terms: 
‘‘(A) Subject to the limitations of subparagraph 
(B), the spouse shall have the same withdrawal op-
tions under subsection (b) as the employee or Member 
were the employee or Member living. 
‘‘(B) The spouse may not make withdrawals 
under subsection (g) or (h).
214 
† HR 1256 EAS 
‘‘(C) The spouse may not make contributions or 
transfers to the account. 
‘‘(D) The account shall be disbursed upon the 
death of the surviving spouse. A beneficiary or sur-
viving spouse of a deceased spouse who has inherited 
an account is ineligible to maintain the inherited 
spousal account. 
‘‘(3) The Executive Director shall prescribe regulations 
to carry out this subsection.’’. 
SEC. 110. TREATMENT OF MEMBERS OF THE UNIFORMED 
SERVICES 
UNDER 
THE 
THRIFT 
SAVINGS 
PLAN. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) members of the uniformed services should 
have a retirement system that is at least as generous 
as the one which is available to Federal civilian em-
ployees; and 
(2) Federal civilian employees receive matching 
contributions from their employing agencies for their 
contributions to the Thrift Savings Fund, but the 
costs of requiring such a matching contribution from 
the Department of Defense could be significant.
215 
† HR 1256 EAS 
(b) REPORTING REQUIREMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall report to Congress on— 
(1) the cost to the Department of Defense of pro-
viding a matching payment with respect to contribu-
tions made to the Thrift Savings Fund by members 
of the Armed Forces; 
(2) the effect that requiring such a matching 
payment would have on recruitment and retention; 
and 
(3) any other information that the Secretary of 
Defense considers appropriate.
216 
† HR 1256 EAS 
TITLE II—SPECIAL SURVIVOR IN-
DEMNITY 
ALLOWANCE 
FOR 
SURVIVING 
SPOUSES 
OF 
ARMED FORCES MEMBERS 
SEC. 201. INCREASE IN MONTHLY AMOUNT OF SPECIAL 
SURVIVOR INDEMNITY ALLOWANCE FOR WID-
OWS AND WIDOWERS OF DECEASED MEMBERS 
OF THE ARMED FORCES AFFECTED BY RE-
QUIRED SURVIVOR BENEFIT PLAN ANNUITY 
OFFSET FOR DEPENDENCY AND INDEMNITY 
COMPENSATION. 
(a) PAYMENT AMOUNT PER FISCAL YEAR.—Para-
graph (2) of section 1450(m) of title 10, United States Code, 
is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ after 
the semicolon; and 
(2) by striking subparagraph (F) and inserting 
the following new subparagraphs: 
‘‘(F) for months during fiscal year 2014, 
$150; 
‘‘(G) for months during fiscal year 2015, 
$200; 
‘‘(H) for months during fiscal year 2016, 
$275; and
217 
† HR 1256 EAS 
‘‘(I) for months during fiscal year 2017, 
$310.’’. 
(b) DURATION.—Paragraph (6) of such section is 
amended— 
(1) by striking ‘‘February 28, 2016’’ and insert-
ing ‘‘September 30, 2017’’; and 
(2) by striking ‘‘March 1, 2016’’ both places it 
appears and inserting ‘‘October 1, 2017’’. 
Attest: 
Secretary.