for personal consumption, or who operates a facility
where vending machines or self-service displays are
permitted under this Act.
(14) ROLL-YOUR-OWN
TOBACCO.—The term
‘‘roll-your-own tobacco’’ means any tobacco which,
because of its appearance, type, packaging, or label-
ing, is suitable for use and likely to be offered to,
or purchased by, consumers as tobacco for making
cigarettes.
(15) SALE.—The term ‘‘sale’’ includes the sell-
ing, providing samples of, or otherwise making to-
bacco products available for personal consumption in
any place within the scope of this Act.
(16) SECRETARY.—Except as provided in title
IV, the term ‘‘Secretary’’ means the Secretary of
Health and Human Services.
(17) SMOKELESS TOBACCO.—The term ‘‘smoke-
less tobacco’’ means any product that consists of
cut, ground, powdered, or leaf tobacco that is in-
tended to be placed in the oral or nasal cavity.
(18) STATE.—The term ‘‘State’’ includes the
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, Guam, the Virgin Is-
lands, American Samoa, the Northern Mariana Is-
lands, and any other territory or possession of the
United States. Such term includes any political divi-
sion of any State.
(19) TOBACCO.—The term ‘‘tobacco’’ means to-
bacco in its unmanufactured form.
(20) TOBACCO PRODUCT.—The term ‘‘tobacco
product’’ means any product made of or derived
from tobacco leaf for human consumption, including,
but not limited to, cigarettes, cigarillos, cigarette to-
bacco, cigars, little cigars, pipe tobacco, and smoke-
less tobacco, and roll-your-own tobacco.
(21) TRUST FUND.—Except as provided in sec-
tion 121 and title IV, the term ‘‘Trust Fund’’ means
the Health Enhancement and Lowered Tobacco
Hazards for Young Kids Trust Fund established
under section 101.
TITLE I—HEALTHY KIDS TRUST
FUND
Subtitle A—General Provisions
SEC. 101. ESTABLISHMENT OF TRUST FUND.
(a) CREATION.—
(1) IN GENERAL.—There is established in the
Treasury of the United States a trust fund to be
known as the ‘‘Health Enhancement and Lowered
Tobacco Hazards for Young Kids Trust Fund’’ (re-
ferred to as the ‘‘HEALTHY Kids Trust Fund’’),
consisting of such amounts as may be appropriated
or credited to the Trust Fund.
(2) TRUSTEES.—The trustees of the Trust
Fund shall be the Secretary of the Treasury and the
Secretary of Health and Human Services.
(b) TRANSFERS.—There are hereby appropriated and
transferred to the Trust Fund an amount equal to the
initial payment under section 102 and 75 percent of the—
(1) amounts received under the annual assess-
ments made under section 102;
(2) amounts paid as fines or penalties, includ-
ing interest thereon, under section 103; and
(3) amounts repaid or recovered under title III,
including interest thereon.
(c) REPAYABLE ADVANCES.—
(1) AUTHORIZATION.—There are authorized to
be appropriated to the Trust Fund, as repayable ad-
vances, such sums as may from time to time be nec-
essary to make the expenditures described in sub-
section (d).
(2) REPAYMENT
WITH
INTEREST.—Repayable
advances made to the Trust Fund shall be repaid,
and interest on such advances shall be paid, to the
general fund of the Treasury when the Secretary of
the Treasury determines that moneys are available
in the Trust Fund for such purposes.
(3) RATE OF INTEREST.—Interest on advances
made pursuant to this subsection shall be at a rate
determined by the Secretary of the Treasury (as of
the close of the calendar month preceding the month
in which the advance is made) to be equal to the
current average market yield on outstanding market-
able obligations of the United States with remaining
period to maturity comparable to the anticipated pe-
riod during which the advance will be outstanding.
(d) EXPENDITURES FROM TRUST FUND.—Amounts
in the Trust Fund shall be made available in each fiscal
year, without further appropriation as follows:
(1) 14.5 percent of such amounts shall be made
available for payments to States as provided for
under section 111.
(2) 20 percent of such amounts shall be made
available for grants to the States for child care and
early childhood development as provided for in sec-
tion 131 in the first 5 years and then 17 percent of
such amounts shall be made so available for grants
to the States.
(3) 9 percent of such amounts shall be made
available for grants to States for education as pro-
vided for in section 132 in the first 5 years and then
6 percent of such amounts shall be made so avail-
able to grants to States.
(4) 4 percent of such amounts shall be made
available to carry out the outreach and increased en-
rollment provisions under the amendments made by
section 133 to the medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.)
and the children’s health insurance program under
title XXI of such Act (42 U.S.C. 1397aa et seq.).
(5) 15.5 percent of such amounts shall be made
available for public health programs, of which—
(A) $300,000,000 shall be made available
to the Secretary to carry out subchapter F of
chapter V of the Food Drug and Cosmetic Act
(as added by section 204);
(B) $200,000,000 shall be made available
to the Indian Health Service to be used as pro-
vided for in title IX; and
(C) the remainder shall be made available
for public health programs as provided for in
title VI.
(6) 21 percent of such amounts shall be made
available to the National Institutes of Health Trust
Fund for Health Research for the conduct of health
research as provided for in section 121.
(7) For agricultural programs as provided for
in title IV—
(A) 12 percent of such amounts shall be
made available to the Tobacco Transition Trust
Fund for each of the first 10 fiscal years after
the date of enactment of this Act;
(B) 4 percent of such amounts shall be
made available to the Tobacco Transition Trust
Fund for each of the 11th through 15th fiscal
years after the date of enactment of this Act;
and
(C) 2 percent of such amounts shall be
made available to the Tobacco Transition Trust
Fund for each of the 16th through 25th fiscal
years after the date of enactment of this Act.
(8) For the Hospital Insurance Trust Fund—
(A) 4 percent of such amounts shall be
made available to such Trust Fund for each of
the first 10 fiscal years after the date of enact-
ment of this Act (less amounts made available
under paragraph (9) for the first 3 such fiscal
years);