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‘‘(A) the actual knowledge that the manu-
facturer or distributor had; or 
‘‘(B) the knowledge which a reasonable 
person would have had under like circumstances 
or which would have been obtained upon the ex-
ercise of due care.’’. 
SEC. 302. STUDY AND REPORT. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of cross-border trade in to-
bacco products to— 
(1) collect data on cross-border trade in tobacco 
products, including illicit trade and trade of counter-
feit tobacco products and make recommendations on 
the monitoring of such trade; 
(2) collect data on cross-border advertising (any 
advertising intended to be broadcast, transmitted, or 
distributed from the United States to another coun-
try) of tobacco products and make recommendations 
on how to prevent or eliminate, and what tech-
nologies could help facilitate the elimination of, 
cross-border advertising; and 
(3) collect data on the health effects (particu-
larly with respect to individuals under 18 years of 
age) resulting from cross-border trade in tobacco 
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products, including the health effects resulting 
from— 
(A) the illicit trade of tobacco products 
and the trade of counterfeit tobacco products; 
and 
(B) the differing tax rates applicable to to-
bacco products. 
(b) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
of the United States 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 on the study described in sub-
section (a). 
(c) DEFINITION.—In this section: 
(1) The term ‘‘cross-border trade’’ means trade 
across a border of the United States, a State or Ter-
ritory, or Indian country. 
(2) The term ‘‘Indian country’’ has the mean-
ing given to that term in section 1151 of title 18, 
United States Code. 
(3) The terms ‘‘State’’ and ‘‘Territory’’ have 
the meanings given to those terms in section 201 of 
the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321). 
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TITLE IV—THRIFT SAVINGS 
PLAN ENHANCEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Thrift Savings Plan 
Enhancement Act of 2008’’. 
SEC. 402. AUTOMATIC ENROLLMENTS. 
(a) AUTOMATIC ENROLLMENTS.— 
(1) IN GENERAL.—Section 8432(b) of title 5, 
United States Code, is amended by striking para-
graphs (2) through (4) and inserting the following: 
‘‘(2)(A) The Board shall by regulation provide for an 
eligible individual to be automatically enrolled to make 
contributions under subsection (a) at the default percent-
age of basic pay. 
‘‘(B) For purposes of this paragraph, the default per-
centage shall be equal to 3 percent or such other percent-
age, not less than 2 percent nor more than 5 percent, as 
the Board may by regulation prescribe. 
‘‘(C) The regulations shall include provisions under 
which any individual who would otherwise be automatically 
enrolled in accordance with subparagraph (A) may— 
‘‘(i) modify the percentage or amount to be con-
tributed pursuant to automatic enrollment, effective 
from the start of such enrollment; or 
‘‘(ii) decline automatic enrollment altogether. 
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‘‘(D) For purposes of this paragraph, the term ‘eligi-
ble individual’ means any individual who, after any regula-
tions under subparagraph (A) first take effect, is ap-
pointed, transferred, or reappointed to a position in which 
that individual is eligible to contribute to the Thrift Sav-
ings Fund. 
‘‘(E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 
8440c(a)(1), 8440d(a)(1), and 8440e(a)(1) shall be ap-
plied in a manner consistent with the purposes of this 
paragraph.’’. 
(2) 
TECHNICAL
AMENDMENT.—Section 
8432(b)(1) of title 5, United States Code, is amend-
ed by striking the parenthetical matter in subpara-
graph (B). 
(b) DEFAULT INVESTMENTS.—Section 8438(c)(2) of 
title 5, United States Code, is amended to read as follows: 
‘‘(2) If an election has not been made with respect 
to any sums in the Thrift Savings Fund which are avail-
able for investment, the Executive Director shall invest 
such sums in— 
‘‘(A) the Government Securities Investment 
Fund; or 
‘‘(B) such alternative fund or funds (in lieu of 
the fund under subparagraph (A)) as the Board may 
designate in regulations. 
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The designation of an alternative fund by regulations 
under subparagraph (B) may be made only if, in the judg-
ment of the Board, such designation would be in the best 
interests of participants. Any decision under the preceding 
sentence shall be made after consultation with the Em-
ployee Thrift Advisory Council (established under section 
8473).’’. 
SEC. 403. 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 Board shall 
by regulation provide for the inclusion in the Thrift Sav-
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