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sessed under the preceding sentence shall not be col-
lected until the next quarter. 
‘‘(3) For the quarter following the quarter to 
which paragraph (2) applies, the full quarterly fee 
amounts shall be assessed and collected, in addition 
to collection of the pro rata fees assessed under 
paragraph (2). 
‘‘(f) STUDY BY GAO.— 
‘‘(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study on— 
‘‘(A) the prevalence of youth tobacco use 
and the brands and subbrands that individuals 
under the age of 18 consume; 
‘‘(B) the feasibility of structuring the user 
fees or a portion of the user fees collected under 
this section on the youth market share of a 
manufacturer or year to year changes in a man-
ufacturer’s share of youth market; and 
‘‘(C) the potential effects of tobacco mar-
keting to youth audiences if user fees were cal-
culated in whole or in part on youth market 
share. 
‘‘(2) REPORT.—The Comptroller General shall 
submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
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on Health, Education, Labor, and Pensions of the 
Senate a report on the study conducted under para-
graph (1) by not later than 3 years after the date 
of enactment of the Family Smoking Prevention and 
Tobacco Control Act.’’. 
SEC. 102. FINAL RULE. 
(a) CIGARETTES AND SMOKELESS TOBACCO.— 
(1) IN GENERAL.—On the first day of publica-
tion of the Federal Register that is 180 days or 
more after the date of enactment of this Act, the 
Secretary of Health and Human Services shall pub-
lish in the Federal Register a final rule regarding 
cigarettes and smokeless tobacco, which— 
(A) is deemed to be issued under chapter 
9 of the Federal Food, Drug, and Cosmetic 
Act, as added by section 101 of this Act; and 
(B) shall be deemed to be in compliance 
with all applicable provisions of chapter 5 of 
title 5, United States Code, and all other provi-
sions of law relating to rulemaking procedures. 
(2) CONTENTS OF RULE.—Except as provided 
in this subsection, the final rule published under 
paragraph (1), shall be identical in its provisions to 
part 897 of the regulations promulgated by the Sec-
retary of Health and Human Services in the August 
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28, 1996, issue of the Federal Register (61 Fed. 
Reg., 44615–44618). Such rule shall— 
(A) provide for the designation of jurisdic-
tional authority that is in accordance with this 
subsection in accordance with this Act and the 
amendments made by this Act; 
(B) strike Subpart C—Labels and section 
897.32(c); 
(C) strike paragraphs (a), (b), and (i) of 
section 897.3 and insert definitions of the terms 
‘‘cigarette’’, ‘‘cigarette tobacco,’’, and ‘‘smoke-
less tobacco’’ as defined in section 900 of the 
Federal Food, Drug, and Cosmetic Act; 
(D) insert ‘‘or roll-your-own paper’’ in sec-
tion 897.34(a) after ‘‘other than cigarettes or 
smokeless tobacco’’; 
(E) become effective on the date that is 1 
year after the date of enactment of this Act; 
and 
(F) amend paragraph (d) of section 897.16 
to read as follows: 
‘‘(d)(1) Except as provided in subparagraph (2), no 
manufacturer, distributor, or retailer may distribute or 
cause to be distributed any free samples of cigarettes, 
smokeless tobacco, or other tobacco products (as such 
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term is defined in section 201 of the Federal Food, Drug, 
and Cosmetic Act). 
‘‘(2)(A) Subparagraph (1) does not prohibit a manu-
facturer, distributor, or retailer from distributing or caus-
ing to be distributed free samples of smokeless tobacco 
in a qualified adult-only facility. 
‘‘(B) This subparagraph does not affect the authority 
of a State or local government to prohibit or otherwise 
restrict the distribution of free samples of smokeless to-
bacco. 
‘‘(C) For purposes of this paragraph, the term ‘quali-
fied adult-only facility’ means a facility or restricted area 
that— 
‘‘(i) requires each person present to provide to 
a law enforcement officer (whether on or off duty) 
or to a security guard licensed by a governmental 
entity government-issued identification showing a 
photograph and at least the minimum age estab-
lished by applicable law for the purchase of smoke-
less tobacco; 
‘‘(ii) does not sell, serve, or distribute alcohol; 
‘‘(iii) is not located adjacent to or immediately 
across from (in any direction) a space that is used 
primarily for youth-oriented marketing, promotional, 
or other activities; 
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