TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Animal Welfare Accountability and 
Transparency Act''.

SEC. 2. PUBLIC AVAILABILITY OF REGULATORY RECORDS.

    Notwithstanding any other provision of law, not later than 90 days 
after the date of enactment of this Act, the Secretary of Agriculture 
(referred to in this section as the ``Secretary'') shall maintain and 
promptly make available to the public in an online searchable database 
in a machine-readable format on the website of the Department of 
Agriculture information relating to the administration of the Animal 
Welfare Act (7 U.S.C. 2131 et seq.) and the Horse Protection Act (15 
U.S.C. 1821 et seq.), including--
            (1) the entirety of each report of any inspection 
        conducted, and record of any enforcement action taken, under--
                    (A) either of those Acts; or
                    (B) any regulation issued under those Acts;
            (2) with respect to the Animal Welfare Act--
                    (A) the entirety of each annual report submitted by 
                a research facility under section 13 of that Act (7 
                U.S.C. 2143); and
                    (B) the name, address, and license or registration 
                number of each research facility, exhibitor, dealer, 
                and other person or establishment--
                            (i) licensed by the Secretary under section 
                        3 or 12 of that Act (7 U.S.C. 2133, 2142); or
                            (ii) registered with the Secretary under 
                        section 6 of that Act (7 U.S.C. 2136); and
            (3) with respect to the Horse Protection Act, the name and 
        address of--
                    (A) any person that is licensed to conduct any 
                inspection under section 4(c) of that Act (15 U.S.C. 
                1823(c)); or
                    (B) any organization or association that is 
                licensed by the Department of Agriculture to promote 
                horses through--
                            (i) the showing, exhibiting, sale, auction, 
                        or registry of horses; or
                            (ii) the conduct of any activity that 
                        contributes to the advancement of horses.

SEC. 3. USE OF ALTERNATIVE DEPRECIATION SYSTEM FOR TAXPAYERS VIOLATING 
              CERTAIN ANIMAL PROTECTION RULES.

    (a) In General.--Section 168(g)(1) of the Internal Revenue Code of 
1986 is amended by striking ``and'' at the end of subparagraph (D), by 
inserting ``and'' at the end of subparagraph (E), and by inserting 
after subparagraph (E) the following new subparagraph:
                    ``(F) any property placed in service by a 
                disqualified taxpayer during an applicable period,''.
    (b) Definitions.--Section 168(g) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new paragraph:
            ``(8) Disqualified taxpayer; applicable period.--For 
        purposes of paragraph (1)(F)--
                    ``(A) Disqualified taxpayer.--
                            ``(i) In general.--The term `disqualified 
                        taxpayer' means any taxpayer if such taxpayer--
                                    ``(I) has been assessed a civil 
                                penalty under section 19(b) of the 
                                Animal Welfare Act (7 U.S.C. 2149(b)) 
                                or section 6(b) of the Horse Protection 
                                Act (15 U.S.C. 1825(b)) and either the 
                                period for seeking judicial review of 
                                the final agency action has lapsed or 
                                there has been a final judgment with 
                                respect to an appeal of such 
                                assessment, or
                                    ``(II) has been convicted under 
                                section 19(d) of the Animal Welfare Act 
                                (7 U.S.C. 2149(d)) or section 6(a) of 
                                the Horse Protection Act (15 U.S.C. 
                                1825(a)) and there is a final judgment 
                                with respect to such conviction.
                            ``(ii) Aggregation rules.--All persons 
                        treated as a single employer under subsection 
                        (a) or (b) of section 52, or subsection (m) or 
                        (o) of section 414, shall be treated as one 
                        taxpayer for purposes of this subparagraph.
                    ``(B) Applicable period.--The term `applicable 
                period' means, with respect to any violation described 
                in subparagraph (A), the 5-taxable-year period 
                beginning with the taxable year in which the period for 
                seeking judicial review of a civil penalty described in 
                subparagraph (A)(i) has lapsed or in which there has 
                been a final judgment entered with respect to the 
                violation, whichever is earlier.''.
    (c) Conforming Amendment.--The last sentence of section 179(d)(1) 
is amended by inserting ``or any property placed in service by a 
disqualified taxpayer (as defined in section 168(g)(8)(A)) during an 
applicable period (as defined in section 168(g)(8)(B))'' after 
``section 50(b)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service in taxable years beginning after 
the date of the enactment of this section.

SOLUTION: Animal Welfare Accountability and Transparency Act  This bill requires the Department of Agriculture (USDA) to maintain and publicly disclose records relating to the administration of the Animal Welfare Act and the Horse Protection Act, including specified details regarding inspections, enforcement actions, regulations, registrations, and licenses under the two laws. Within 90 days of the enactment of this bill, USDA must make the records available to the public in an online searchable database in a machine-readable format on its website.  The bill also amends the Internal Revenue Code to require a taxpayer who has been convicted or assessed civil penalties for violating certain provisions of the Animal Welfare Act or the Horse Protection Act to use the alternative depreciation system that increases the number of years over which property is depreciated. The taxpayer must use the system for any property placed in service during the five-year period beginning with the year in which the period for seeking judicial review of a civil penalty has lapsed or in which there has been a final judgment entered with respect to the violation, whichever is earlier. 

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Assurance in Drug Testing 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drug abuse in the workplace is a serious national 
        problem, and
            (2) drug testing can be an effective deterrent to drug 
        abuse when administered in a manner that provides for quality 
        assurance.

SEC. 3. QUALITY ASSURANCE IN DRUG TESTING.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following new title:

            ``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING

``SEC. 2701. LABORATORY CERTIFICATION STANDARDS.

    ``(a) Prohibition.--No individual may perform a toxicological 
analysis in connection with any drug testing program that is subject to 
this title unless such analysis is conducted in a laboratory certified 
under subsection (b).
    ``(b) Certification.--Not later than 1 year after the date of 
enactment of this title, the Secretary shall establish a program for 
certifying laboratories that meet standards for performing--
            ``(1) drug screening tests,
            ``(2) drug confirmatory tests, and
            ``(3) both drug screening and confirmatory tests.
    ``(c) Criteria.--In establishing standards for certification under 
subsection (b), the Secretary shall use criteria that will maximize the 
predictive value of the testing scheme and that take into consideration 
the practices, procedures, and experience of drug testing programs 
which the Secretary determines are conducted in accordance with 
appropriate standards and procedures.
    ``(d) Periodic Review.--At least once each year, the Secretary 
shall review, and where appropriate revise, the certification criteria 
established under subsection (b), taking into consideration the 
relevant scientific technical advances in the area of drug testing and 
revisions needed to reflect employer zero-drug tolerance practices.

``SEC. 2702. ANTI-DRUG ABUSE POLICY.

    ``(a) Written Policy.--As a condition of implementing or 
maintaining a drug testing program, an employer shall establish a 
written anti-drug abuse policy that shall contain, at a minimum, an 
explanation concerning the--
            ``(1) circumstances under which a drug test will be 
        administered, the procedures for notifying an employee of a 
        confirmed positive result, and a statement the policy will be 
        administered in a consistent and nondiscriminatory manner 
        without regard to whether the employee is employed in a 
        management or hourly capacity,
            ``(2) safeguards established for protecting the privacy of 
        individuals who are subject to testing, including chain custody 
        procedures and the limitations on disclosure of the results of 
        drug tests,
            ``(3) availability of any drug abuse treatment program,
            ``(4) penalties that may be imposed for a violation of the 
        anti-drug policy of the employer, and
            ``(5) procedures under which an applicant or employee shall 
        be given a reasonable opportunity to explain a confirmed 
        positive test result.
    ``(b) Notice.--An employer shall make a reasonable effort to 
provide notice of the written anti-drug abuse policy to applicants and 
employees subject to testing using whatever methods the employer 
determines to be appropriate.

``SEC. 2703. DRUG-FREE AWARENESS PROGRAM.

    ``In order for an employer to be permitted to implement or maintain 
a drug testing program, such employer shall establish, as part of such 
drug testing program, a drug-free awareness program designed to inform 
its employees concerning--
            ``(1) the dangers of drug abuse, both inside and outside of 
        the workplace,
            ``(2) the policy of the employer of maintaining a drug-free 
        workplace,
            ``(3) information as to the existence and availability of 
        counseling, employee assistance, rehabilitation, and other drug 
        abuse treatment programs of which the employer is aware, and
            ``(4) the penalties that may be imposed on applicants and 
        employees who test positive for the use of a drug, and for the 
        manufacture, distribution, dispensation, possession, or use of 
        a drug in the workplace of the employer.

``SEC. 2704. STANDARDS FOR DRUG TESTING.

    ``(a) Applicants.--Nothing in this title shall be construed to 
prohibit an employer from requiring, as a condition of employment, that 
an applicant submit to and pass a drug test based on criteria 
established by the employer that is designed to achieve a drug-free 
workplace. Refusal by an applicant to submit to such a test may be 
treated in the same manner as a failure to pass a drug test.
    ``(b) Employees.--Nothing in this title shall be construed to 
prohibit an employer from requiring an employee to submit to and pass a 
drug test--
            ``(1) where the employer has reasonable suspicion to 
        believe that the employee is using or under the influence of a 
        drug,
            ``(2) where such test is administered as part of a 
        scheduled medical examination,
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, serious bodily injury, 
        or significant property damage,
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the completion of a drug abuse treatment 
        program, or
            ``(5) in the case of sensitive employee positions, work 
        units, locations, or facilities where drug abuse has been 
        identified as a problem, on a random basis.
    ``(c) Definition.--As used in this title, the term `random' means 
the selection of individuals for testing based on a nondiscriminatory 
impartial methods so that no employee is harassed or treated 
differently from other employees in similar circumstances.

``SEC. 2505. EMPLOYEE PROTECTIONS.

    ``(a) Prohibitions.--In the case of an applicant or employee, it 
shall be a violation of this title--
            ``(1) for an employer to fail to make reasonable efforts to 
        inform the applicant or employee as to the drug testing policy 
        of the employee,
            ``(2) for an employer to take any adverse action based on 
        the unconfirmed positive results of a drug test, except as 
        provided in subsection (c),
            ``(3) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to be informed of a confirmed positive 
        drug test result, and
            ``(4) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to explain the results of a confirmed 
        positive test result.
    ``(b) Antiretaliation Prohibition.--It shall be a violation of this 
title for an employer to take retaliatory action against an employee 
because of the exercise by the employee of any right granted or 
protected under this title.
    ``(c) Exception for Sensitive Employees.--Pending the receipt of 
the results of a confirmatory drug test, an employer may transfer or 
reassign an employee in a sensitive position to another area or 
position without any loss in compensation to such employee if the 
initial drug test result is positive. If a confirmatory test of such 
employee is negative, such employee shall be entitled to immediate 
reinstatement to the position from which such employee has been 
transferred or reassigned.

``SEC. 2706. CONFIDENTIALITY.

    ``(a) In General.--An individual, other than the applicant or 
employee who is the subject of a drug test, shall not disclose 
information obtained as a result of a drug test, except as provided in 
subsection (b).
    ``(b) Permitted Disclosures.--An employer, or individual conducting 
a drug test on behalf of an employer, may disclose information acquired 
from a drug test only to--
            ``(1) the applicant or employee taking such drug test or 
        any other individual specifically designated in writing by such 
        applicant or employee taking such drug test,
            ``(2) the employer, including the designated representative 
        of such employer, that requested such test,
            ``(3) any court, governmental agency, arbitrator, or 
        mediator, in accordance with Federal or State law, and
            ``(4) appropriate drug abuse treatment providers.

``SEC. 2707. EMPLOYER PRACTICES.

    ``(a) Safe Workplace.--Nothing in this title shall be construed to 
prohibit an employer from taking action necessary to ensure a safe 
workplace.
    ``(b) Drug-Free Workplace.--Nothing in this title shall be 
construed to prohibit an employer from taking action necessary, up to 
and including termination, in the case of applicant or employee--
            ``(1) whose drug test result is confirmed positive,
            ``(2) who refuses to take a drug test authorized under this 
        title, or
            ``(3) who tampers with or adulterates a drug testing 
        specimen.
    ``(c) Participation in Drug Abuse Treatment Program.--Nothing in 
this title shall be construed to prohibit an employer from requiring an 
employee to participate in, and satisfactorily complete, a drug 
treatment program as a condition of continued employment where the 
employee has tested confirmed positive for drugs, has refused to submit 
to a drug test, or has tampered with or adulterated a drug test 
specimen.
    ``(d) Sensitive Position.--Nothing in this title shall be construed 
to prohibit an employer from refusing to place an employee in, or 
reinstate such employee, to a sensitive position if such employee has 
tested confirmed positive for drug use.

``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS.

    ``As part of the drug-free awareness program established pursuant 
to section 2703, employers shall provide information to employees 
concerning the existence and availability of public and private drug 
counseling, employee assistance, rehabilitation, and other drug abuse 
treatment programs of which the employer is aware.

``SEC. 2709. REGULATIONS.

    ``Not later than 1 year after the date of enactment of this title, 
the Secretary shall--
            ``(1) establish a program for the certification of 
        laboratories for the performance of toxicological urinalysis 
        conducted for drug testing programs as described in this title, 
        and
            ``(2) issue such other rules and regulations as may be 
        necessary or appropriate to carry out this title.

``SEC. 2710. ENFORCEMENT AND RELIEF.

    ``(a) Laboratory Certification Standards.--The certification 
program established pursuant to section 2701(b) shall be enforced in 
accordance with the procedures and sanctions contained in subsections 
(g), (h), (i), (j), (k), and (l) of section 353.
    ``(b) Employee Complaints Charging Unlawful Discharge or 
Discrimination; Investigation Order.--
            ``(1) Complaint.--An employee who believes that such 
        employee has been charged or otherwise discriminated against by 
        an employer in violation of this title may, not later than 30 
        days after such action occurs, file (or have any individual 
        file on behalf of such employee) a complaint with the Secretary 
        of Labor (hereinafter referred to in this subsection as the 
        `Secretary') alleging that such discharge or discrimination 
        violates this title. On receipt of such complaint, the 
        Secretary shall notify the individual named in the complaint of 
        such filing.
            ``(2) Investigation and order.--
                    ``(A) Investigation.--On receipt of a complaint 
                filed under paragraph (1), the Secretary shall conduct 
                an investigation of the violation alleged in such 
                complaint. Not later than 30 days after the receipt of 
                such complaint, the Secretary shall complete such 
                investigation and shall notify in writing the employer 
                (and any individual acting on behalf of the employer) 
                as to the results of such investigation.
                    ``(B) Order.--Not later than 30 days after the 
                completion of such investigation, the Secretary shall, 
                unless the proceeding on the complaint is terminated by 
                the Secretary on the basis of a settlement entered into 
                by the Secretary and the employer alleged to have 
                committed such violation, issue an order either 
                providing the relief prescribed in this section or 
                denying the complaint. An order of the Secretary issued 
                under this subparagraph shall be made on the record 
                after notice and opportunity for public hearing.
            ``(3) Relief.--If, in response to a complaint filed under 
        paragraph (1), the Secretary determines that a violation of 
        this title has occurred, the Secretary shall order the employer 
        who committed such violation to provide such suitable relief as 
        the Secretary determines appropriate, including reinstatement, 
        promotion, and the payment of lost wages and benefits.
            ``(4) Review or order.--An employee or employer adversely 
        affected or aggrieved by an order issued under paragraph (2) 
        may obtain review of such order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred. The petition 
        for review shall be filed not later than 60 days after the 
        issuance of the order of the Secretary under paragraph (2). 
        Review by the Court of Appeals shall conform to chapter 7 of 
        Title 5, United States Code.
            ``(5) Failure to comply.--If an employee or employer fails 
        to comply with an order issued under paragraph (2), the 
        Secretary may file a civil action in the United States court 
        for the district in which the violation was found to occur to 
        enforce such order. Such court, in issuing any final order 
        under this subsection, may award the costs of litigation 
        (including reasonable attorney and expert witness fees) to the 
        prevailing party.
    ``(c) Affirmative Defense.--The good faith compliance of an 
employer with the standards and procedures established under this title 
shall constitute an affirmative defense against any complaint filed 
under subsection (b).
    ``(d) Construction.--Nothing in this title shall be construed to 
require an employer to establish a drug testing program for applicants 
or employees or make employment decisions based on such test results.

``SEC. 2711. EFFECT ON OTHER LAWS.

    ``(a) State Law.--This title shall preempt any State or local law, 
rule, regulation, order or standard that applies to the drug testing of 
an applicant or employee, or that relates to any matter addressed under 
this title. No State or local government shall adopt or enforce any 
law, rule, regulation, ordinance, standard or order relating to--
            ``(1) the certification of laboratories that perform drug 
        testing analysis with respect to such analysis,
            ``(2) requirements for the conduct of drug testing under 
        the certification program established under this title,
            ``(3) the conducting of employee or applicant drug testing 
        programs, or
            ``(4) any other matter relating to this title.
    ``(b) Other Federal Laws.--Nothing in this title shall be construed 
to prohibit the Secretary of Transportation or the Nuclear Regulatory 
Commission from issuing regulations with respect to drug and alcohol 
testing.

``SEC. 2712. EFFECTIVE DATE.

    ``This title shall become effective 2 years after the date of 
enactment of this title, except that the prohibition contained in 
section 2701(a) shall not take effect less than 1 year after 
establishment of the certification program required under section 
2701(b).

``SEC. 2713. DEFINITIONS.

    ``As used in this title:
            ``(1) Applicant.--The term `applicant' means any individual 
        who has submitted an application to an employer, whether 
        written or oral, for employment with such employer.
            ``(2) Drug.--The term `drug' means any controlled substance 
        listed in Scheduled I through V of section 202 of the 
        Controlled Substances Act (21 U.S.C. 812), alcohol, steroids, 
        and any other drug or medication that can interfere with 
        employment performance.
            ``(3) Drug abuse treatment program.--The term `drug abuse 
        treatment program' means a program, such as an employee 
        assistance program, designed to assist an individual in dealing 
        with problems caused by drug abuse.
            ``(4) Drug test.--The term `drug test' means any test 
        procedure used to take and analyze blood, breath, hair, urine 
        or other body fluids or materials for the purpose of detecting 
        the presence or absence of a drug or its metabolites.
            ``(5) Employee.--The term `employee' means an individual 
        employed by an employer.
    ``(f) Employer.--The term `employer' means an individual, 
partnership, corporation, association, or other entity (including the 
Federal Government), that employs one or more employees, and that is 
engaged in an industry affecting commerce.
    ``(g) Sensitive Employee.--The term `sensitive employee' means an 
individual employed in a position whose duties, as defined by the 
employer, involve responsibilities affecting such matters as national 
security, health, or safety, environment, or other responsibilities 
requiring a high degree of trust and confidence.

``SEC. 2714. PROFESSIONAL ATHLETES.

    ``For purposes of this title, professional athletes may be treated 
in the same manner as employees who meet the definition of section 
2714(g), except that professional athletes shall not be covered by 
section 2706(a).''.

SOLUTION: Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act.  Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. 
Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. 
Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. 
Sets forth certain employee protections. 
Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. 
Sets forth procedures for employee complaints of unlawful discharge or discrimination.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tobacco Regulatory Fairness Act of 
2000''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Cigarette smoking and tobacco use cause approximately 
        450,000 deaths each year in the United States.
            (2) Cigarette smoking accounts for approximately 
        $65,000,000,000 in lost productivity and health care costs.
            (3) In spite of the well-established dangers of cigarette 
        smoking and tobacco use, there is no Federal agency that has 
        any authority to regulate the manufacture, sale, distribution, 
        and use of tobacco products.
            (4) The tobacco industry spends approximately 
        $4,000,000,000 each year to promote tobacco products.
            (5) Each day 3,000 children try cigarettes for the first 
        time, many of whom become lifelong addicted smokers.
            (6) There is no minimum age requirement in Federal law that 
        an individual must reach to legally buy cigarettes and other 
        tobacco products.
            (7) The Food and Drug Administration is the most qualified 
        Federal agency to regulate tobacco products.
            (8) It is inconsistent for the Food and Drug Administration 
        to regulate the manufacture, sale, and distribution of other 
        nicotine-containing products used as substitutes for cigarette 
        smoking and tobacco use and not be able to regulate tobacco 
        products in a comparable manner.

SEC. 3. DEFINITIONS.

    Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321) is amended by adding at the end the following:
    ``(kk) The term `tobacco product' means cigarettes, cigars, little 
cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco.
    ``(ll) The term `tobacco additive' means any substance the intended 
use of which results or may reasonably be expected to result, directly 
or indirectly, in its becoming a component or otherwise affecting the 
characteristics of any tobacco product.
    ``(mm) The term `constituent' means any element of cigarette 
mainstream or sidestream smoke which is present in quantities which 
represent a potential health hazard or where the health effect is 
unknown.
    ``(nn) The term `tar' means mainstream total articulate matter 
minus nicotine and water.''.

SEC. 4. ENFORCEMENT.

    Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
331) is amended--
            (1) in subsections (a), (b), (c), (g), and (k), by striking 
        ``or cosmetic'' and inserting ``cosmetic, or tobacco product''; 
        and
            (2) by adding at the end the following:
    ``(u) The manufacture, sale, distribution, and advertising of 
tobacco products in violation of regulations promulgated by the 
Secretary pursuant to chapter X.''.

SEC. 5. REGULATION OF TOBACCO PRODUCTS.

    The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is 
amended by adding at the end the following:

                     ``CHAPTER X--TOBACCO PRODUCTS

``SEC. 1000. REGULATION OF TOBACCO PRODUCTS.

    ``(a) Regulations.--Not later than 1 year after the date on which 
the Secretary receives the recommendations described in section 
1003(f), the Secretary shall promulgate regulations governing the 
manufacture, sale, and distribution of tobacco products in accordance 
with the provisions of the chapter.
    ``(b) Food and Drug Administration.--Regulations promulgated under 
subsection (a) shall designate the Food and Drug Administration as the 
Federal agency that regulates the manufacture, distribution, and sale 
of tobacco products.
    ``(c) Limitation.--Regulations promulgated under subsection (a) may 
not prohibit the manufacture, distribution, or sale of a tobacco 
product solely on the basis that such product causes a disease.
    ``(d) Sale or Distribution.--Under regulations promulgated under 
subsection (a) it shall be unlawful to--
            ``(1) sell a tobacco product to an individual under the age 
        of 18 years;
            ``(2) sell a tobacco product to an individual if such 
        tobacco product is intended for use by an individual under the 
        age of 18 years; and
            ``(3) sell or distribute a tobacco product if the label of 
        such product does not display the following statement: `Federal 
        Law Prohibits Sale To Minors'.
    ``(e) Manufacturing.--Regulations promulgated under subsection (a) 
governing the manufacture of tobacco products shall--
            ``(1) require that all additives used in the manufacture of 
        tobacco products are safe; and
            ``(2) classify as a drug any nicotine-containing product 
        that does not meet the definition of a tobacco product.

``SEC. 1001. ADULTERATED TOBACCO PRODUCTS.

    ``(a) In General.--A tobacco product shall be deemed to be 
adulterated--
            ``(1) if such product consists in whole or in part of any 
        filthy, putrid, or decomposed substance, or is otherwise 
        contaminated by any poisonous or deleterious substance that may 
        render such product injurious to health;
            ``(2) if such product has been prepared, packed, or held 
        under insanitary conditions in which such product may have been 
        contaminated with filth, or in which such product may have been 
        rendered injurious to health; and
            ``(3) if the container for such product is composed, in 
        whole or in part, of any poisonous or deleterious substance 
        that may render the contents of such product injurious to 
        health.
    ``(b) Regulations.--The Secretary may by regulation prescribe good 
manufacturing practices for tobacco products. Such regulations may be 
modeled after current good manufacturing practice regulations for other 
products regulated under this Act.

``SEC. 1002. MISBRANDED TOBACCO PRODUCTS.

    ``A tobacco product shall be deemed to be misbranded--
            ``(1) if the labeling of such product is false or 
        misleading in any particular;
            ``(2) if in package form unless such product bears a label 
        containing--
                    ``(A) the name and place of business of the tobacco 
                product manufacturer, packer, or distributor; and
                    ``(B) an accurate statement of the quantity of the 
                contents in terms of weight, measure, or numerical 
                count,
        except that under subparagraph (B) of this paragraph reasonable 
        variations shall be permitted, and exemptions as to small 
        packages shall be established, by regulations promulgated by 
        the Secretary;
            ``(3) if any word, statement, or other information required 
        by or under authority of this chapter to appear on the label or 
        labeling is not prominently placed thereon with such 
        conspicuousness (as compared with other words, statements or 
        designs in the labeling) and in such terms as to render it 
        likely to be read and understood by the ordinary individual 
        under customary conditions of purchase and use;
            ``(4) if such product has an established name, unless its 
        label bears, to the exclusion of any other nonproprietary name, 
        its established name is prominently printed in type as required 
        by the Secretary by regulation;
            ``(5) if the Secretary has issued regulations requiring 
        that the labeling of such product bear adequate directions for 
        use, or adequate warnings against use by children, that are 
        necessary for the protection of users unless the labeling of 
        such product conforms in all respects to such regulations; and
            ``(6) if such product was manufactured, prepared, 
        propagated, or processed in an establishment not duly 
        registered as required under section 1004.

``SEC. 1003. ADVISORY COMMITTEE.

    ``(a) Establishment.--There is established in the Food and Drug 
Administration a Tobacco and Nicotine Products Advisory Committee 
(hereafter referred to as the `advisory committee').
    ``(b) Purpose.--The advisory committee shall assist the Secretary 
in developing the regulations described in section 1000.
    ``(c) Membership.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this chapter, the Secretary shall appoint to the 
        advisory committee 10 individuals who are qualified by training 
        and experience to evaluate and make recommendations regarding 
        regulations governing the manufacture, distribution, sale, 
        labeling and advertising of tobacco products.
            ``(2) Experts.--The members described under paragraph (1), 
        not including the chairperson of such advisory committee, shall 
        consist of--
                    ``(A) one expert in the field of nicotine 
                addiction;
                    ``(B) one expert in the field of pharmacology;
                    ``(C) one expert in the field of food and drug law;
                    ``(D) one expert in the field of public education;
                    ``(E) one expert in the field of toxicology;
                    ``(F) two experts representing the interests of 
                family medicine, internal medicine, or pediatrics; and
                    ``(G) two consumer representatives from the public 
                health community.
            ``(3) Ex officio.--The advisory committee shall have the 
        following as ex officio members:
                    ``(A) The Director of the National Cancer 
                Institute.
                    ``(B) The Director of the National Heart, Lung, and 
                Blood Institute.
                    ``(C) The Director of National Institute on Drug 
                Abuse.
                    ``(D) The Director of the Centers for Disease 
                Control and Prevention.
                    ``(E) The Surgeon General of the Public Health 
                Service.
            ``(4) Chairperson.--The chairperson of the advisory 
        committee shall be appointed by the Secretary with the advice 
        and consent of the Commissioner of Food and Drugs.
    ``(d) Function.--The advisory committee shall--
            ``(1) review the available scientific evidence on the 
        effects of tobacco products on human health;
            ``(2) review the manufacturing process of tobacco products, 
        including the use of additives, sprayed on chemicals, product 
        development, and product manipulation;
            ``(3) review the role of nicotine as part of the smoking 
        habit, including its addictive properties and health effects; 
        and
            ``(4) review current Federal, State, and local laws 
        governing the manufacture, distribution, sale, labeling and 
        advertising of tobacco products.
    ``(e) Authority.--The advisory committee may hold hearings and 
receive testimony and evidence as the committee determines to be 
appropriate.
    ``(f) Recommendations.--Not later than 1 year after the Secretary 
has appointed all members to the advisory committee, such committee 
shall prepare and submit recommendations regarding regulations to be 
promulgated under section 1000 to the Secretary.

``SEC. 1004. REGISTRATION.

    ``Not later than 120 days after the date of enactment of this 
chapter, any manufacturer directly or indirectly engaged in the 
manufacture, distribution, or sale of tobacco products shall register 
with the Secretary the name and place of business of such manufacturer.

``SEC. 1005. ADVERTISING.

    ``(a) Regulations.--The Federal Trade Commission, after 
consultation with the Secretary and upon receipt of approval by the 
Secretary, shall promulgate regulations governing the advertising of 
all tobacco products.
    ``(b) Labels.--The Federal Trade Commission, after consultation 
with the Secretary and upon receipt of approval by the Secretary, may 
promulgate regulations that--
            ``(1) modify the warning labels required by the Federal 
        Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.) 
        and the Comprehensive Smokeless Tobacco Health Education Act of 
        1986 (15 U.S.C. 4401 et seq.) if the modification in the 
        content of the label does not weaken the health message 
        contained in the label and is in the best interests of the 
        public health as determined by the Secretary; and
            ``(2) increase the size and placement of such required 
        labels.''.

SEC. 6. CONFORMING AMENDMENTS.

    (a) Records.--Section 703 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 373) is amended--
            (1) by striking ``or cosmetics'' each place it appears and 
        inserting ``cosmetics, or tobacco products''; and
            (2) by striking ``or cosmetic'' each place it appears and 
        inserting ``cosmetic, or tobacco product''.
    (b) Factory Inspections.--Section 704 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 374) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``or cosmetics'' each place it 
                appears and inserting ``cosmetics, or tobacco 
                products''; and
                    (B) by striking ``or restricted devices'' each 
                place it appears and inserting ``restricted devices, or 
                tobacco products''; and
            (2) in subsection (b), by striking ``or cosmetic'' and 
        inserting ``cosmetic, or tobacco product''.

SOLUTION:
Requires the promulgation of regulations governing the manufacture, sale, and distribution of tobacco products. Define adulterated and misbranded tobacco products.
Establishes a Tobacco and Nicotine Products Advisory Committee.
Requires the promulgation of regulations governing the advertising of all tobacco products.